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The Local Authorities etc. (Miscellaneous Provision) Order 1974

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Enforcement, and amendment, etc. of instruments notwithstanding repeal of enactments, etc

6.—(1) Any provision of any enactment which imposes fines on persons offending against any instrument which by virtue of paragraph (a) of section 262(1) of the Act or this order or any other order made under section 254 or 262 of the Act applies to any area, things or persons shall continue to have effect in relation to offences against the instrument notwithstanding the repeal (whether by the Act or by such an order) of the enactment.

(2) Any instrument constituting local statutory provision within the meaning of section 270(1) of the Act (not being byelaws in relation to which article 29(1) of the Local Authorities (England) (Property etc.) Order 1973(1) or article 28(1) of the Local Authorities (Wales) (Property etc.) Order 1973(2) makes provision) which by virtue of paragraph (a) of section 262(1) of the Act or an order made under section 254 or 262 of the Act applies, notwithstanding the changes of administrative areas and local authorities effected by or under the Act and notwithstanding the repeal of the enactment under which it was made, to any area, things or persons may be amended or revoked—

(a)in the case of an instrument made by a Minister, by any appropriate Minister;

(b)in the case of byelaws for good rule and government and the prevention and suppression of nuisances, as regards any area within a district, by the council of the district;

(c)in any other case, as respects any county council, district council or community council substituted in references by section 262(3), (4) or (5) or an order made under section 262(6) of the Act, by the county council, district council or community council, as the case may be.

Section 236(3) to (10) of the Act shall apply to byelaws for such amendment or revocation, and the Secretary of State or any appropriate Minister shall be the confirming authority for the purposes of such subsections.

In this paragraph, “the appropriate Minister”, in relation to any provision, means the Minister in charge of any government department concerned with the subject matter of the provision; but the validity of any action shall not be affected by any question as to whether or not any Minister was the appropriate Minister for the purpose.

(1)

(1973 III, p. 6401).

(2)

(1963 III, p. 6452).

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