County of Lancashire Act 1984

Cited as:1984 c. xxi
Jurisdiction:UK Non-devolved


County of Lancashire Act 1984

1984 c. xxi

An Act to re-enact with amendments and to extend certain local statutory provisions in force within the county of Lancashire; to confer further powers on the Lancashire County Council and local authorities in the county; to make further provision with respect to the improvement, health and local government of the county; and for other purposes.

[31st July 1984]

County of Lancashire Act 1984 C. XXI ELIZABETH II 1984 CHAPTER xxi An Act to re-enact with amendments and to extend certain local statutory provisions in force within the county of Lancashire; to confer further powers on the Lancashire County Council and local authorities in the county; to make further provision with respect to the improvement, health and local government of the county; and for other purposes. [31st July 1984] w HEREAS (1) The county of Lancashire (hereinafter referred to as "the county") is a non-metropolitan county comprising the following areas, described by reference to administrative areas existing immediately before the passing of the Local Government Act 1972: The county boroughs of Blackburn, Blackpool, Burnley and Preston; The administrative county of Lancaster, except the areas in Cheshire, Cumbria, Greater Manchester and Merseyside; 1972 c. 70. 2 c. xxi County of Lancashire Act 1984 Citation and commencement. In the administrative county of Yorkshire, West Riding the urban districts of Barnoldswick and Earby; the rural district of Bowland; in the rural district of Skipton, the parishes of Bracewell, Brogden and Salterforth: Section 262 of the said Act of 1972 provides that, subject to modifications and exceptions, local statutory provisions in force in the area of any non-metropolitan counties shall continue in force until the end of 1986, and that such provisions shall then cease to have effect: There are numerous local statutory provisions so applicable in the county and it is expedient that certain of those provisions should be re-enacted with amendments, or otherwise continued in force, and applied to the whole county or to parts of the county, and that other such provisions should be repealed: It is further expedient that new provision should be made for the improvement, health and local government of the county and to confer further powers on the Lancashire County Council and local authorities within the county: It is expedient that the other provisions in this Act should be enacted: The purposes of this Act cannot be effected without the authority of Parliament: In relation to the promotion of the Bill for this Act the requirements of section 239 of the said Act of 1972 have been observed: May it therefore please Your Majesty that it may be enacted, and be it enacted, by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Part I Preliminary 1.(1) This Act may be cited as the County of Lancashire Act 1984. J (2) This Act shall come into operation at the expiration of a penod of three months beginning with the day on which the Act is passed. County of Lancashire Act 1984 c. xxi 3 2.(1) In this Act unless the context otherwise requires: Part l "the Act of 1936" means the Public Health Act 1936; interpretation. "the Act of 1955" means the Food and Drugs Act 1955; 1936 c. 49. "the Act of 1961" means the Public Health Act 1961; ^^fz 2). "the Act of 1967" means the Road Traffic Regulation Act 1961 c. 64.' 1967; 1967 c. 76. "the Act of 1971" means the Town and Country Planning Act 1971; 1971c. 78. "the Act of 1972" means the Local Government Act 1972; 1972 c. 70. "the Act of 1976" means the Local Government (Miscellaneous Provisions) Act 1976; 1976 c. 57. "the Act of 1980" means the Highways Act 1980; 1980 c. 66. "the appointed day" has the meaning given by section 3 of this Act; "bridleway" has the meaning given by section 329 of the Act of 1980; "building operations" has the meaning given by section 168 (5) of the Act of 1980; "the chief constable" means the chief constable for the county and includes the deputy chief constable acting by virtue of section 6 (1) of the Police Act 1964; 1964 c. 48. "contravention" includes a failure to comply, and "contravene" shall be construed accordingly; "the county" means the county of Lancashire; "the county council" means the council of the county; "daily fine" means a fine for each day or part of a day on which an offence is continued after conviction thereof; "district" means a district in the county; "district council" means the council of a district; "the fire authority" has the meaning given by the Fire Services Act 1947; 1947 c. 41. "food" has the meaning given by section 135 of the Act of 1955; "footpath" has the meaning given by section 329 of the Act of 1980; "functions" includes powers and duties; "industry" and "industrial" have the same meanings as in the Industry Act 1975: 1975 c 68. "local authority" means the county council or a district council; "maritime district" has the meaning given by section 49 (1) of the Coast Protection Act 1949; 1949 c. 74. c. xxi County of Lancashire Act 1984 Part I "open space" has the meaning given by section 290 of the -""'? Act of 1971; "owner" has the meaning given by section 343 of the Act of 1936; "parish council" means a parish council in the county; "premises" includes messuages, buildings, lands, easements and hereditaments of any tenure; "public service vehicle" has the meaning given by 1981 c. 14. section 1 of the Public Passenger Vehicles Act 1981; "seashore" has the meaning give by sectipn 49 (1) of the 1949 c. 74. Coast Protection Act 1949; "statutory undertakers" means the British Gas Corporation, British Telecommunications, the Central Electricity Generating Board, the North Western Electricity Board, the Yorkshire Electricity Board and the water authority, or any of them as the case may be; "street" has the meaning given by section 329 of the Act of 1980; "street works" and "street works authority" have the meanings given by section 203 (3) of the Act of 1980; "telegraphic line" has the same meaning as in the 1878 c. 76. Telegraph Act 1878; "traffic sign" has the meaning given by section 54 of the Act of 1967; "Trinity House" means the Corporation of Trinity House of Deptford Strond; "water authority" means the North West Water Authority and the Yorkshire Water Authority or either of them. Any reference in this Act to a proper officer shall in relation to any purpose and any local authority or area, be construed as a reference to an officer appointed for that purpose by that authority or, as the case may be, for that area. Any reference in this Act to a named council is a reference to the council of the district so named. Any reference in this Act to a Part not otherwise identified is a reference to that Part of this Act. Any reference in any Part of this Act to a Head not otherwise identified is a reference to that Head of that Part of this Act. Appointed day. 3.(1) In this Act "the appointed day", in relation to any provision, means such day (not earlier than 1st January 1985) as may be fixed for the purposes of that provision in accordance County of Lancashire Act 1984 c. xxi 5 with subsection (2) below by resolution of the county council or, as the case may be, a district council. (2) The local authority shall publish in a newspaper circu lating in their area notice of the passing of any such resolution and of the day fixed thereby; and of the general effect of the provision for the purposes of which the day has been fixed; and the day so fixed shall not be earlier than the expiration of 28 days from the date of the publication of the notice. A photostatic or other reproduction certified by the proper officer to be a true reproduction of a page or part of a page of any newspaper, being a page or part of a page bearing the date of its publication and containing the notice mentioned in subsection (2) above, shall be evidence of the publication of the notice and of the date of publication. On the fixing of any day for the purpose of section 21 (Restriction on use of dustbins) of this Act, the local authority shall, not later than the date on which notice is published in accordance with subsection (2) above, give to the persons likely to be affected by the said section 21 such notice of the effect of that section as appears to them to be appropriate. Part II Open spaces and municipal property 4.(1) In the interests of persons resorting to any park, Parking pleasure ground or open space under their management and places in control a local authority may set apart an area of the park, parks'et( pleasure ground or open space for use for the parking of vehicles and provide parking places and facilities in connection therewith: Provided that a local authority shall not under this section set apart an area of any park, pleasure ground or open space exceeding one-half hectare or one-eighth, whichever is the less, of that park, pleasure ground or open space. Subsection (1) above shall not affect any trust, covenant or other restriction to which the park, pleasure ground or open space is subject. A local authority shall have power to make reasonable charges for the use of any facilities provided by them under this section, and may make arrangements for any such facilities to be provided by some other person, including arrangements authorising that person to make reasonable charges. C XXI County of Lancashire Act 1984 Part II (4) A local authority shall consult the British Railways Board com. before exercising the powers of subsection (1) above in relation to an area of any park, pleasure ground or open space which is situated over; or elsewhere within a distance of 15 metres (measured in any direction) from; any railway of that board. Provision of 5.(1) A local authority may provide and maintain motor vehicles in or other conveyances or...

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