Cumbria Act 1982
| Jurisdiction | UK Non-devolved |
| Citation | 1982 c. xv |
Cumbria Act 1982
c. xv
ELIZABETH H
1982 CHAPTER xv
An Act to re-enact with amendments and to extend certain
local statutory provisions in force within the county of
Cumbria; to confer further powers on the Cumbria
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. [23rd July 1982]
w
HEREAS—
(1) The county of Cumbria (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:—
1972 c. 70.
The county boroughs of Barrow-in-Furness and Carlisle;
The administrative counties of Cumberland
and
Westmorland;
In the administrative county of Lancaster—
the urban districts of Dalton-in-Furness, Grange
and Ulverston;
the rural district of North Lonsdale;
Jn the administrative county of Yorkshire, West Riding,
the rural district of Sedbergh:
2
C
XV
Cumbria
Act
1982
(2) 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
1984,
and that such provisions shall then
cease to have effect:
(3) 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county, and that other such provisions should be repealed:
(4) 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 Cumbria County Council,
the Carlisle City Council, the councils of
the
boroughs of Barrow-
in-Furness and Copeland, the councils of the districts of Allerdale,
Eden and South Lakeland, the Lake District Special Planning
Board and parish councils within the county:
(5) It is expedient that the other provisions in this Act should
be enacted:
(6) The purposes of this Act cannot be effected without the
authority of Parliament:
(7) 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
Citation and
1.—(1)
This Act may be cited as the Cumbria Act 1982.
commence-
ment- (2) This Act shall come into operation on the expiration of
three months after its passing, except that section 53 (Removal of
unlawfully parked caravans and their occupants), and section 2
(Interpretation) and Part XI (General) so far as material for the
purposes of section 53, shall come into operation on the passing
of
this
Act.
Interpretation. 2.—(1) In this Act unless the context otherwise requires—
1936
c.
49.
" the Act of 1936 " means the Public Health Act 1936;
Cumbria Act 1982 c. xv 3
" the Act of 1971 " means the Town and Country Planning PART I
Act 1971;
—COM.
" the Act of 1972 " means the Local Government Act 1972;1971 c- 78-
" the Act of 1976 " means the Local Government (Miscel-1972 c- 7a
laneous Provisions) Act 1976; 1976 c. 57.
" the appointed day " has the meaning given by section 3 of
this Act;
" building operations" has the meaning given by
section 168 (5) of the Highways Act 1980;
1980
c.
66.
" 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 Cumbria;
" the county council " means the council of the county;
" daily fine " means a fine for each 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 Food
and Drugs Act 1955; 1955 c. 16
" functions " includes powers and duties;
" industrial building " has the meaning given by section 66
of the Act of 1971;
" local authority " means the county council or a district
council and, where so provided in subsection (2) below,
includes the Planning Board;
" 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;
" the Planning Board" means the Lake District Special
Planning Board;
" premises " includes messuages, buildings, lands, easements
and hereditaments of any tenure;
" public service vehicle " has the meaning given by section 1
of the Public Passenger Vehicles Act 1981;
1981
c. 14.
" seashore " has the meaning given by section 49 (1) of the
Coast Protection Act 1949; 1949 c. 74.
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