Local Government and Housing Act 1989

Interpretation of Part I

21 Interpretation of Part I

(1) Any reference in this Part to a local authority is, in relation to England and Wales, a reference to a body of one of the following descriptions—

(a) a county council;

(b) a district council;

(c) a London borough council;

(d) the Common Council of the City of London in its capacity as a local authority, police authority or port health authority;

(e) the Council of the Isles of Scilly;

(f) a fire authority constituted by a combination scheme under the [1947 c. 41.] Fire Services Act 1947;

(g) a combined police authority established by an amalgamation scheme under the [1964 c. 48.] Police Act 1964;

(h) an authority established under section 10 of the [1985 c. 51.] Local Government Act 1985 (waste disposal authorities);

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

(j) any body established pursuant to an order under section 67 of that Act (successors to residuary bodies);

(k) the Broads Authority;

(l) any joint board the constituent members of which consist of any of the bodies specified above; and

(m) a joint or special planning board constituted for a National Park by an order under paragraph 1 or paragraph 3 of Schedule 17 to the [1972 c. 70.] Local Government Act 1972.

(2) Any reference in this Part to a local authority is, in relation to Scotland, a reference to a regional, islands or district council or a joint board within the meaning of section 235(1) of the [1973 c. 65.] Local Government (Scotland) Act 1973.

(3) In this Part—

• “contravention” includes a failure to comply;

• “modifications” includes additions, alterations and omissions;

• “proper officer”—

  (a)

  in relation to a local authority in England and Wales, has the same meaning as in the Local Government Act 1972; and

  (b)

  in relation to a local authority in Scotland, has the same meaning as in the Local Government (Scotland) Act 1973; and

• “subordinate legislation” has the same meaning as in the [1978 c. 30.] Interpretation Act 1978.

(4) References in this Part to an officer of a local authority or to a paid office under a local authority do not include references to, or to the office of, the chairman or vice-chairman of the authority (whether referred to as such, as mayor, Lord Mayor, deputy mayor, as Lord Provost or otherwise).