Part IV

Miscellaneous

Tourism

Powers to carry on tourism-related activities.
176
For section 90 of the 1973 Act there shall be substituted the following section—

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