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Local Government (Miscellaneous Provisions) Act 1982

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This is the original version (as it was originally enacted).

21Prosecution for offences relating to works in street

(1)In section 30 of the [1950 c. 39.] Public Utilities Street Works Act 1950 (enforcement)—

(a)in subsection (2), for the words " Proceedings for the enforcement of" there shall be substituted the words " Subject to subsection (2A) of this section, proceedings for an offence under "; and

(b)the following subsection shall be inserted after that subsection—

“(2A)A constable may take proceedings for an offence under section 8 of this Act without the consent of the Attorney General.”.

(2)In section 312 of the [1980 c. 66.] Highways Act 1980 (restriction on institution of proceedings)—

(a)in subsection (1), for the word " Proceedings" there shall be substituted the words " Subject to subsection (3) below, proceedings "; and

(b)the following subsection shall be inserted after subsection (2)—

“(3)A constable may take proceedings—

(a)for an offence under paragraph (b) of section 171(6) above; or

(b)for an offence under paragraph (c) of that subsection consisting of failure to perform a duty imposed by section 171(5)(a) above ; or

(c)for an offence under section 174 above,

without the consent of the Attorney General.”.

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