Part II

Control of unauthorised encampments

Designation of areas.
12
1
Subject to subsection (3) below, the Minister may by order made on the application of
the council of a county, metropolitan district or London borough
designate the area of that council as an area to which section 10 of this Act applies.
2
Subject to subsection (3) below, the Minister may by order made on the joint application of a county council and one or more councils or districts within that county designate the area of the district or, as the case may be, the combined areas of the districts, as an area to which section 10 of this Act applies.
2A
Subject to subsection (3) below, the Minister may by order made on the joint application of two or more metropolitan district councils designate the area of those councils as an area to which section 10 of this Act applies.
3
The Minister shall not make an order under
subsection (1), (2) or (2A)
above in respect of any area unless it appears to him either that adequate provision is made in the area for the accommodation of gipsies residing in or resorting to the area, or that in all the circumstances it is not necessary or expedient to make any such provision.
4
An order under this section may be revoked by an order made by the Minister, either on the application of the authority or authorities which made the original application or without such an application.
5
The power of the Minister to make orders under this section shall be exercisable by statutory instrument; and any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
6
Where an order under this section is made in respect of any area it shall be the duty of the county council for that area or, as the case may be,
the metropolitan district council or councils or the London borough council
concerned to take such steps as are reasonably practicable to inform gipsies within the area of the making and effect of the order.
Pt. II (ss. 6-12) repealed (3.11.1994) by 1994 c. 33, ss. 80(1)(3)(4), 168(3), Sch. 11
S. 12 substituted by Local Government, Planning and Land Act 1980 (c. 65, SIF: 81:1), s. 175(1)
S. 12: for previous exercises of this power see Index to Government Orders.
S. 12(1) modified by Local Government, Planning and Land Act 1980 (c. 65, SIF: 81:1), s. 175(2) and restricted by Local Government Act 1985 (c. 51, SIF 81:1), Sch. 8 para. 11(4)
Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), Sch. 8 para. 11(2)(a)
S. 12(2): s. 12(2) power exercised by S.I.1991/1951.
S. 12(2) modified by Local Government, Planning and Land Act 1980 (c. 65, SIF: 81:1), s. 175(2)
S. 12: s. 12(2) power exercised by S.I. 1991/1125.
S. 12: s. 12(2) power exercised by S.I. 1991/1326.
S. 12(2A) inserted by Local Government Act 1985 (c. 51, SIF 81:1), Sch. 8 para. 11(2)(b)
S. 12(2A) restricted by Local Government Act 1985 (c. 51, SIF 81:1), Sch. 8 para. 11(4)
Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), Sch. 8 para. 11(2)(c)
S. 12(4)–(6) modified by Local Government Act 1985 (c. 51, SIF: 81:1), Sch. 8 para. 11(3)
Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), Sch. 8 para. 11(2)(d)