Part IV Miscellaneous

Tourism

172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

176 Powers to carry on tourism-related activities.

For section 90 of the 1973 Act there shall be substituted the following section—

90 Powers of local authority to carry on tourism-related activities.

1

A local authority may—

a

provide, or encourage any other person to provide, facilities for leisure, conferences, trade fairs and exhibitions or improve, or encourage any other person to improve, any existing facilities for those purposes;

b

promote, by advertisement or otherwise, facilities provided by that local authority (whether such facilities are owned by the authority or otherwise);

c

organise, or assist others in the organisation of, and promote, by advertisement or otherwise, conferences, trade fairs and exhibitions;

d

participate in the area tourist board whose area includes the area of that authority.

2

Subject to subsection (3) below, a local authority shall not have power to—

a

encourage persons, by advertisement or otherwise (and whether inside or outside the United Kingdom)—

i

to visit their area for purposes relating to leisure; or

ii

to hold conferences, trade fairs or exhibitions within their area;

b

provide information about accommodation and facilities and services relating to leisure in their area or provide a booking service for such accommodation, to persons visiting their area;

c

carry on such other activities relating to those mentioned in paragraphs (a) and (b) above as the Secretary of State may by regulations specify.

3

A local authority shall have power to do any of the things mentioned in paragraphs (a) to (c) of subsection (2) above—

a

in so far as it is necessary to do any of those things for the purposes of carrying on the activities mentioned in paragraphs (a) and (b) of subsection (1) above; or

b

where the Secretary of State has given his prior consent (subject to such conditions as he considers necessary or expedient) in writing.

4

A local authority shall not, for the purposes of carrying on activities relating to tourism other than—

a

those such as are mentioned in paragraphs (a) to (d) of subsection (1) above; or

b

by virtue of subsection (3) above, those such as are mentioned in subsection (2) above,

form, acquire or join with any person or body corporate.

5

Without prejudice to subsection (1) above, a local authority may contribute towards expenses incurred by any person—

a

doing anything mentioned in paragraph (a) of that subsection; or

b

organising and holding a conference, trade fair or exhibition.

6

A local authority may appoint officers for the purposes of enabling the authority to carry out any of their powers under this section; and section 65 of this Act shall apply in relation to any officers appointed under this subsection subject to the following modifications—

a

references to “another local authority” shall be construed as if they were references to an area tourist board; and

b

in subsection (2), the words from “but” to the end shall be omitted.

7

A statutory instrument containing regulations under subsection (2)(c) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

8

In this section—

a

area tourist board” means a board established by virtue of an order made or, as the case may be, approved under section 172, 173 or 174 of the Local Government etc. (Scotland) Act 1994;

b

participate” means participation in any one or more of the following ways—

i

a local authority or any person representative of a local authority being a member of the area tourist board whose area includes the area of that authority;

ii

provision by a local authority to such a board of financial assistance for the purposes of the board’s carrying out activities relating to tourism;

iii

provision by a local authority to such a board of staff; and

c

section 171A(3) of this Act shall apply to this section with the substitution for any references to a person of references to an area tourist board.