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Part XIIE+W General

Modifications etc. (not altering text)

C1Pt. XII (ss. 271-347) modified (7.8.1991) by S.I. 1991/1773, art. 8, Sch.2.

C2Pt. XII (ss. 271-347) applied (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 115(8), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).

Pt. XII (ss. 271-347) applied (with modifications)(E.W.)(27.8.1993) by 1993 c. 11, ss. 24(1)-(3), (with s. 66(1), Sch. 3 para. 2)

C9Pt. XII extended and amended (Greater London) by London Government Act 1963 (c. 33), Sch. 11 Pt. I para. 24; amended by Health and Safety at Work etc. Act 1974 (c 37), s. 76(1)

C10Functions of the Minister of Housing and Local Government under Pt. XII in relation to or in consequence of ss. 25, 37, 38, 43, 53-55, 59(1), 60 (so far as it relates to proposed buildings), 61-67, 69-71, 137 now exercisable by Secretary of State: S.I. 1964/263, art. 2(2), Sch. Pt. II and 1970/1681, art. 2(1)

C11Functions of the Minister of Housing and Local Government under Pt. XII in relation to s. 59(2)–(4) or s. 60 (so far as it relates to buildings other than proposed buildings) now exercisable by Secretary of State: S.I. 1964/263, art. 3

C12References to local authorities and their districts in Pt.XII so far as it relates to ss. 15-24, 27-31, 33-36, 42 to be construed respectively as references to water authorities and their areas: Water Act 1973 (c. 37), s. 14(2)

C13Pt. XII (ss. 271–347) extended by Highways Act 1980 (c. 66, SIF 59), s. 166(4)

C15Power to apply conferred (E.W.) by Housing Act 1988 (c. 50, SIF 61), s. 68(1)(c)

C17Pt. XII (ss. 271-347) modified (1.10.1992) by S.I. 1991/2913, art. 8, Sch.2.

Powers of the MinisterE+W

312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W

313, 314.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W

Textual Amendments

F3315. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F3S. 315 repealed (8.11.1995) by 1995 c. 44, s. 1 Sch. 1 Pt. VI

316 Adaptation, where necessary, of provisional order procedure.E+W

(1)In relation to any order made by the Minister under this Act which [F4is subject to special Parliamentary procedure] but was not made on the application of any local authority, [F5section two hundred and forty of the M1Local Government Act 1972] (which relates to the procedure for making [F4such] orders), shall have effect as if for references therein to the applicants for the order and to the application for the order there were substituted respectively references to the Minister and to the order proposed to be made by him.

(2)The expenses incurred by the Minister in connection with the making and confirmation of any such order as aforesaid shall be paid by such council, or by such councils in such shares, as he may direct, and the amount of those expenses as certified by him, or the amount of any share thereof so certified, shall be recoverable by him from the council liable therefor as a debt due to the Crown.

Textual Amendments

F4Words substituted by S.I. 1949/2393 (1949 I, p. 3973), art. 3, Sch. 2

F5Words substituted by virtue of Local Government Act 1972 (c. 70), s. 272(2)

Marginal Citations

317 Amendment of 38 & 39 Vict. c. 55. s. 303. E+W

In section three hundred and three of the M2Public Health Act 1875 (which relates to the power of the Minister to repeal and alter local Acts by means of provisional orders), the reference to any local Act which relates to the same subject-matters as that Act shall be construed as including a reference to any local Act which relates to the same subject-matters as this Act.

Modifications etc. (not altering text)

Marginal Citations

318 Local inquiries.E+W

The Minister may cause a local inquiry to be held in any case where he is authorised by this Act to determine any difference, to make any order, to frame any scheme, to give any consent, confirmation, sanction or approval, or otherwise to act under this Act, and in any other case where he deems it advisable that a local inquiry should be held in relation to any matter concerning the public health in any place.