Part IX Miscellaneous and General

Charges by certain authorities

152 Interpretation, consultation and commencement of ss. 150 and 151.

1

For the purposes of sections 150 and 151 above the following are excepted functions—

a

functions relating to education in schools;

b

functions relating to the provision of a public library service;

c

functions relating to fire fighting, that is to say, the extinction of fire and the protection of life and property in case of fire;

d

functions relating to the registration of electors;

e

functions relating to the conduct of elections;

F1f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

For the purposes of those sections in their application to England and Wales, each of the following is a relevant authority—

a

a county council;

F2aa

a county borough council;

b

a district council;

c

a London borough council;

d

the Common Council of the City of London;

e

the Council of the Isles of Scilly;

F12f

a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

F3g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

h

an authority established under section 10 of the M1Local Government Act 1985 (waste disposal authorities);

i

a joint authority established by Part IV of that Act (F4. . . fire services, civil defence and transport);

j

an authority or board constituted a port health authority at any time by an order under section 2 of the M2Public Health (Control of Disease) Act 1984;

F5ja

a National Park authority

F6jb

a conservation board established by order under section 86 of the Countryside and Rights of Way Act 2000;

k

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

l

the Broads Authority. F7. . .

F8m

a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the M3Town and Country Planning Act 1990.

F9n

the London Fire and Emergency Planning Authority.

3

For the purposes of those sections in their application to Scotland, each of the following is a relevant authority—

F10a

a council constituted under section 2 of the Local Goverment etc. (Scotland) Act 1994

d

a port local authority or joint port local authority constituted under section 172 of the M4Public Health (Scotland) Act 1897, F11and

e

a joint board or joint committee within the meaning of section 235(1) of the Local Government (Scotland) Act 1973.

4

The Secretary of State may by order made by statutory instrument provide for any other body to be, or for a body to cease to be, a relevant authority for the purposes of those sections; and a statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5

In those sections “prescribed” means prescribed by the regulations concerned.

6

Before exercising any power to make regulations under section 150 or section 151 above, the Secretary of State shall consult—

a

as respects England and Wales, such representatives of local government,and

b

as respects Scotland, such associations of local authorities,

as appear to him to be appropriate.

7

This section and sections 150 and 151 above shall come into force at the expiry of the period of two months beginning on the day this Act is passed.