Humberside Act 1982

Humberside

Act

1982

c. Hi 3

2.—(1) In this Act, unless the context otherwise requires— PART I

" the Act of 1936 " means the Public Health Act 1936; lMe^toti n

" the Act of 1961 " means the Public Health Act 1961; mlTw™

" the Act of

1971

" means the Town and Country Planning

1961

c. 64.

Act

1971;

1971 c 7g

" the Act of 1972 " means the Local Government Act 1972; 1972 c. 70

" the Act of 1976 " means the Local Government (Miscel-

laneous Provisions) Act 1976;

1976

c.

57.

" the Act of 1980 " means the Highways Act 1980;

1980c.

66.

" the appointed day " has the meaning given by section 3 of

this Act;

" contravention " includes a failure to comply, and " contra-

vene " shall be construed accordingly;

" the county " means the county of Humberside;

"

the

county

council"

means the Humberside County Council;

" 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 docks board" means the British Transport Docks

Board;

" the electricity board " means the North Eastern Electricity

Board and the Yorkshire Electricity Board or either of

them, as the case may be;

" functions" includes powers and duties;

" the gas corporation " means the British Gas Corporation;

"the generating board" means the Central Electricity

Generating Board;

"house" means a dwelling-house, whether a private

dwelling-house or not;

" the level of high water " means the level of mean high-

water springs;

"local authority" means the county council or a district

council;

" officer " includes servant;

" open space " means any park, pleasure ground or open

space within the meaning given by section 290 of the

Act of 1971 under the management or control of a

local authority;

"operational land" in relation to statutory undertakers

other than British Telecommunications and the Post

Office has the same meaning as in section 222 of the

4 c. iii

Humberside

Act

1982

PART I

—cont.

1981c. 38.

1969 c. 48.

1981 c. 14.

1967 c. 76.

Act of 1971 and in relation to British Telecommunica-

tions has the same meaning as in paragraph 12 (1) of

Schedule 3 to the British Telecommunications Act 1981

and in relation to the Post Office has the same meaning

as in paragraph 93 (4) of Schedule 4 to the Post Office

Act 1969; '

" owner " has the meaning given by section 343 of the Act

of 1936;

" public service vehicle " has the meaning given by section 1

of the Public Passenger Vehicles Act 1981;

" statutory undertakers " means British Telecommunications,

the electricity board, the gas corporation, the generating

board, the Kingston-upon-Hull City Council in respect

of their telephone undertaking, the Post Office and the

water authority, or any of

them,

as the case may be, and

" statutory undertaker " shall be construed accordingly;

" street" has the meaning given by section 329 of the

Act of 1980;

" traffic sign " has the meaning given by section 54 of the

Road Traffic Regulation Act 1967;

" the water authority " means the Anglian Water Authority,

the Severn-Trent Water Authority and the Yorkshire

Water Authority, or any of them, as the case may be.

(2) 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.

(3) Any reference in this Act to a Part not otherwise identified

is a reference to 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 three months after the

passing of this Act) as may be fixed for the purposes of that

provision in accordance 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 circulating

in their area notice—

(a) of the passing of any such resolution and of the day

fixed thereby; and

(b) 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.

(3) A photostatic or other reproduction certified by the proper

officer to be a true reproduction of a page, or part of a page, of

Humberside

Act

1982

c. iii 5

any newspaper being a page, or part of a page bearing the date

PART

I

of its publication and containing the notice mentioned in s,ub- —com.

section

(2)

above shall be evidence of

the

publication of the notice

and of the date of publication.

PART

II

BRIDGES

4.

In

this Part— Interpretation

" the bridges " means the bridges in the county specified in of Part IL

Schedule

1

to this Act;

" the county council's works " means such of the bridges as

are from time to time maintainable by the county

council;

" the footbridge " means the footbridge across the river Hull

in the East Yorkshire borough of Beverley referred to in

paragraph 12 of the said Schedule 1.

5.—(1)

In

this section— Confirmation

" the Grovehill bridge " means the bridge across the river ^n?™0"

Hull in the East Yorkshire borough of Beverley referred certain

to in paragraph

11

of Schedule

1

to this Act; bridges.

" the Sculcoates bridge " means the bridge across the river

Hull in the city of Kingston upon Hull referred to in

paragraph 2 of the said Schedule 1.

(2) The construction of the Sculcoates bridge, of the Grovehill

bridge and of the footbridge is hereby sanctioned and confirmed

and the county council may repair, alter or reconstruct those

bridges or any of them at any time and from time to time.

(3) During the time the footbridge is under repair the county

council shall not do or permit or cause to be done, any act or

thing, further or otherwise than shall be necessary which shall or

may interfere with the free and uninterrupted flow of the water

and the navigation of

the

river Hull.

(4) During any works of repair or alteration of the footbridge

toe county council shall maintain a clear navigable space beneath

the footbridge of not less than twenty feet and such works shall

be carried out and completed as expeditiously as possible and so

far as practicable without causing any impediment or obstruction

to the passage of traffic along the said river.

6—(1) The county council may continue and maintain the Continuance

county council's works together with subsidiary and incidental an4 t

Wr>rlf«

cnn^.

i j • ..• ..1 -J.1.

maintenance

worKs constructed in connection therewith. of

works.

6 c. Hi

Humberside

Act

1982

PART

II (2) For the purposes of the Telegraph Acts 1863 to 1916

—cont. work No. 3 authorised by the Kingston upon Hull Corporation

1967

c.

xxxiii.

Act 1967 shall be deemed to be a subway within the meaning of

1878

c

76.

section

6

of

the

Telegraph Act 1878.

Subsidiary

works in

rivers and

elsewhere.

7.—(1) xhe county council in connection with and at or near

any of the county council's works may execute, place and keep

in the river Hull, or the river Ouse, as the case may be, and else-

where either permanently or temporarily all such caissons,

cofferdams, piles, piers, abutments, embankments, excavations,

dredging, approaches, ways, access works, pumping works,

wharves, walls, fences, drains, sewers, tunnels, fenders, mooring

posts,

bollards, booms, dolphins, pontoons, stagings, stairs,

subways, buildings and other works and conveniences as they

may find necessary or expedient for, or in connection with, the

maintenance or use of the county council's works:

Provided that—

(a) the county council shall ensure that any works executed

or kept under the powers of this section shall not

unnecessarily—

(i) narrow or obstruct the navigable waterway of

the river Hull or the river Ouse, as the case may be;

(ii) interfere otherwise with or impede navigation;

(iii) obstruct the

flow

of water; or

(iv) interfere with the operation of, or unreasonably

obstruct or render less convenient the access to, any

dock or other property of the docks board;

(b) no materials raised under the provisions of this section

shall be deposited in any place below the level of high

water except in such a position and under such conditions

and restrictions as may be fixed by the Secretary of

State,

nor shall such materials be deposited in any place

within the jurisdiction of the docks board without

the consent of that board, such consent not to be

unreasonably withheld, and any question whether such

consent has been unreasonably withheld shall be

determined by arbitration.

(2) The county council shall at their own expense keep repaired

any works kept by them under the powers of this section.

(3) If any works kept by the county council under the powers

of this section shall at any time become redundant the county

council shall remove the same.

(4) Nothing in this section shall authorise any interference

with any subaqueous cable belonging to or used by British

Telecommunications.

Humberside

Act

1982

c. iii 7

(5) As early as possible, and in any event not less than 28 days,

before any exercise of the powers of this section in respect of

dredging within a distance of

50

metres of any subaqueous cable

belonging to or used by British Telecommunications, the county

council shall give notice in writing to British Telecommunications

of such intended exercise.

(6) No materials shall be laid down or deposited in any place

or manner under the powers of this section so as to cover any

subaqueous cable belonging to or used by British Telecommunica-

tions or to impede in any way the inspection, maintenance,

removal or renewal of any such cable.

8.—(1)

Notwithstanding anything contained in the Public

No mains

or

Utilities Street Works Act 1950, or in any other enactment P'P??to ^

relating to the breaking up of streets no person shall be entitled Midges

to enter upon, break up or interfere with the bridges or the without

carriageways and footways of the same for the purpose of laying consent.

down any main, pipe or wire, or executing any work therein,

1950

c.

39.

thereon or thereunder, except with the consent of the highway

authority and in accordance with such terms and conditions as

the

highway authority may determine.

(2) Nothing in subsection (1) above shall prejudice or affect

any

rights, powers and authorities of British Telecommunications

under the Telegraph Acts 1863 to 1916.

(3) The highway authority shall not unreasonably withhold

their consent under subsection (1) above on an application made

to

them by—

(a) the gas corporation to enter upon, break up or interfere

with the approaches to the bridge referred to in para-

graph

8

of Schedule

1

to this Act for

the

purpose of laying

down any mains, pipes, valves, syphons, stopcocks,

pillars or other apparatus or executing any works in the

said approaches;

(b) the generating board or the electricity board to enter

upon, break up or interfere with the approaches to any

of the bridges for the purpose of laying down any

apparatus or executing any works in the said approaches;

(c) the Yorkshire Water Authority to enter upon, break up or

interfere with the approaches to any of the bridges for

the purpose of laying down any water mains, pipes or

other apparatus or executing any works in the said

approaches;

and, where such consent is given, any question whether any terms

or conditions attached thereto are reasonable shall be referred to

arbitration.

'•—(1) The county council may make byelaws for regulating,

Byelaws

as to

controlling and protecting any controlled bridge and without opening

bridges.

PART II

—cont.

8 c. in

Humberside

Act

1982

PART

II prejudice to the generality of the foregoing the county council

—cont.

may

majce

byeiaws_

(a) for regulating, controlling and limiting the use of the

opening span of any of the controlled bridges and the

time and mode of vessels passing through the same and

the notice to be given by the master or other person

having command or charge of any such vessel;

(b) for preventing injury and damage to a controlled bridge;

(c) for regulating

the

conduct of all persons using a controlled

bridge;

(rf) for regulating the duties and conduct of all persons and

the officers of

the

county council who shall be employed

in connection with a controlled bridge;

(e) for preventing persons from negligently or wilfully

obstructing the working of the opening span of a con-

trolled bridge or doing anything to hinder or interfere

with the proper working thereof and for preventing any

person from negligently or wilfully obstructing the

approaches by water to the opening span;

(/) for regulating the traffic along, over, through and under

a controlled bridge and also for regulating the use of

such bridge and for prohibiting the use thereof in certain

cases and by certain engines, carriages and vehicles or

other classes of traffic and for providing that such bridge

may be temporarily closed to road traffic for repairs or

other emergencies and for ensuring that road traffic shall

not be unreasonably delayed;

(g) for prohibiting the conveyance upon a controlled bridge

of any goods which may in the opinion of the county

council be injurious to or prejudicially affect the use of

the same or the traffic to be carried thereon or endanger

the safety of such bridge or the working thereof or the

passenger and other traffic carried thereon; and

(h) for prohibiting the mooring, anchoring or securing of

vessels in such parts of the waters in the vicinity of a

controlled bridge

as may be

designated.

(2) In this section " controlled bridge " means—

(a) any of the bridges the maintenance of which is for the

time being undertaken by the county council other than

the footbridge;

(b) any other opening or swing bridge constructed by the

county council across any waters by virtue of a scheme

made under section 106 of

the

Act of 1980;

(c) any other opening or swing bridge across any waters

being a bridge the maintenance of which is for the time

being undertaken by the county council.

Humberside Act 1982 c. iii 9

10.—(1) During the repair or alteration of Boothferry Bridge a PART II

navigable width of 38-1 metres under the opening span thereof —com.

shall, so far as practicable, be maintained. Provisions

relating to

(2) Subject to any byelaws made under section 9 (Byelaws as Brioie^

to opening bridges) of this Act in respect of the Boothferry Bridge

the opening span of that bridge shall be used, maintained and

worked in such a manner as to give absolute preference and

priority to all vessels navigating or employed on the river Ouse

over all traffic passing over the bridge.

(3) In this section " Boothferry Bridge" means the bridge

(Work No. 1) authorised by the Boothferry Bridge Act

1925.

1925

c. cxi.

11.

For the protection of the undertakers the provisions of this For

section shall, unless otherwise agreed in writing between the protection

county council and the undertakers apply and have effect— statutory1

(1) In this section unless the subject or context otherwise

requires—

" accommodation " includes support;

" apparatus " means—

(a) in relation to the electricity undertakers, any

electric lines and works (as respectively defined

in the Electric Lighting Act 1882) belonging to or

1882

c. 56.

maintained by the electricity undertakers;

(b) in relation to the gas corporation, mains,

pipes,

valves, syphons, stopcocks, pillars or other

apparatus belonging to or maintained by the gas

corporation;

(c) in relation to the Yorkshire Water Authority,

mains, pipes or other apparatus belonging to or

maintained by the water authority;

(not being in any case apparatus in respect of which

the relations between the county council and the

undertakers are regulated by the provisions of Part II

of the Public Utilities Street Works Act 1950) and

1950

c.

39.

includes works (other than the relevant tunnels)

constructed for the lodging therein of apparatus;

"the electricity undertakers" means the Central

Electricity Generating Board and the Yorkshire

Electricity Board, or either of them, as the case may be;

Humberside

Act

1982

" the relevant tunnels " means all or any of the

tunnels constructed for the purpose of carrying

pipes,

cables, works, apparatus and conveniences

under or near to the following bridges over the river

Hull:—

(a) Scott Street Bridge referred to in paragraph 3

of Schedule

1

to this Act;

(b) Stoneferry Bridge referred to in paragraph 4

of

the

said Schedule;

(c) North Bridge referred to in paragraph 6 of

the said

Schedule;

and

(d) in relation to the Yorkshire Water Authority,

Sutton Road Bridge referred to in paragraph

7

of the

said Schedule;

" specified work " means any work or thing done

under the powers of section 6 (Continuance and

maintenance of works) or section

7

(Subsidiary works

in rivers and elsewhere) of this Act and in the case

of the electricity undertakers under the powers of

section 5 (Confirmation of construction of certain

bridges) of this Act;

" the undertakers" means the electricity under-

takers, the gas corporation and the Yorkshire Water

Authority or any of them as the case may be:

(2) (a) Not less than 28 days before commencing to execute

any specified work which is near to or is likely to affect

any apparatus the county council shall submit to the

undertakers a plan, section and description of the work

to be executed;

(b) Such work shall be executed only in accordance with the

plan, section and description submitted as aforesaid and

in accordance with such reasonable requirements as

may be made by the undertakers for the alteration or

otherwise for the protection of the apparatus, or for

securing access thereto, and the undertakers shall be

entitled by their officer to watch and inspect the

execution of such work:

Provided that nothing in this sub-paragraph shall

preclude the county council from submitting at any time,

or from time to time, but in no case less than 28 days

before commencing the execution of any such work, a

new plan, section and description in lieu of the plan,

Humberside

Act

1982

c. iii 11

section and description previously submitted and there- PART II

upon the provisions of this paragraph shall apply —cont.

to and in respect of such new plan, section and des-

cription;

(c) The county council shall not be required to comply with

sub-paragraph (a) of this paragraph in a case of emer-

gency but, in such a case, they shall give to the under-

takers notice as soon as reasonably practicable and a

plan, section and description of the work as soon as

reasonably practicable thereafter and shall comply with

sub-paragraph

(b)

of this paragraph so far as reasonably

practicable in the circumstances:

(3) If in consequence of the exercise of the powers of this

Part the access to any apparatus is materially obstructed

the county council shall provide an alternative means

of access to such apparatus:

(4) The county council shall repay to the undertakers the

reasonable costs, charges and expenses incurred by the

undertakers in or in connection with—

(a) the alteration or protection of any apparatus

under any of the provisions of this section; and

(b) any other work or thing rendered reasonably

necessary in consequence of the operations referred

to in this paragraph:

(5) If by reason or in consequence of the execution, user or

failure of any of the specified works or any subsidence

resulting from any of those works any damage to any

apparatus or property of the undertakers or any inter-

ruption in the supply of electricity, gas or water shall

be caused, the county council shall bear and pay the

cost reasonably incurred by the undertakers in making

good such damage, or restoring the supply, and shall—

(a) make reasonable compensation to the under-

takers for any

loss

sustained

by

them;

and

(b) indemnify the undertakers against all claims,

demands, proceedings, costs, damages and expenses

which may be made or taken against or recovered

from or incurred by the undertakers;

by reason or in consequence of any such damage or

interruption:

Provided that—

(i) nothing in this paragraph shall impose any

liability on the county council with respect to any

Humberside

Act

1982

damage or interruption which may be attributable to

the act, neglect or default of the undertakers or their

contractors or workmen;

(ii) the undertakers shall give to the county council

reasonable notice of any claim or demand as aforesaid

and no settlement or compromise thereof shall be

made without the prior consent of the county council:

(6) The county council shall maintain in good repair and to

the reasonable satisfaction of the undertakers the relevant

tunnels and the accommodation provided therein for

apparatus and the undertakers shall pay to the county

council half-yearly in respect of the cost of such main-

tenance such amount as may be agreed with the county

council or in default of agreement settled

by

arbitration:

(7) Subject to the provisions of this section the undertakers

may continue to maintain any existing apparatus

in the relevant tunnels and, subject as aforesaid, shall

be entitled at all times to use free of charge the accom-

modation provided in the relevant

tunnels

for

the

purpose

of using, inspecting, repairing, maintaining, altering

(otherwise than by increasing the diameter or weight),

removing or renewing the apparatus:

Provided that—

(a) the apparatus shall at all times conform in its

design, construction and use with the reasonable

requirements of the county council;

(b) except in the case of emergency the undertakers

shall give to the county council not less than 28 days'

notice in writing of their intention to execute works in

the relevant tunnels and except as aforesaid shall

conform with the reasonable requirements of the

county council as to the time or times at which the

undertakers may exercise the right of entering upon

and executing works in the relevant tunnels and as to

the manner in which such works are executed and the

county council shall be entitled to superintend the

execution of such works. The costs reasonably

incurred by the county council in such superintendence

shall

be

repaid to them by the undertakers:

(8) (a) The undertakers shall maintain in good repair and to

the reasonable satisfaction of the county council the

apparatus in the relevant tunnels and shall from time to

time carry out and maintain such works on the apparatus

as the county council may reasonably require by notice

Humberside

Act

1982

c. iii 13

in writing to the undertakers to be done or provided for

PART

H

ensuring the safety and stability of the relevant tunnels —cont.

and the safety and convenience of those using the

relevant tunnels being works reasonably required to

be done in consequence of the exercise

by the

undertakers

of the rights conferred upon them by this section and in

default the county council may at the expense of the

undertakers carry out and maintain such works and the

undertakers shall repay to the county council any

expenses reasonably incurred by the county council in

carrying out and maintaining

any such

works;

(b) The undertakers shall repay to the county council any

loss,

damage or expenses suffered or incurred by the

county council by reason of the failure of the under-

takers to comply with the provisions of this section or

by reason of any fault in or accident occurring in

relation to the apparatus or the accommodation or to

any mains, pipes, cables, works, apparatus or materials

placed in the relevant tunnels by the undertakers (unless

such fault or accident was occasioned by any wrongful

act or default of the county council, their servants or

agents) and shall indemnify the county council against

any actions, proceedings, costs, claims or demands

arising out of or in any way attributable to the exercise

by the undertakers of the rights conferred upon them

by this section unless such actions, proceedings, costs,

claims or demands shall arise by reason of the wrongful

act or default of the county council, their servants or

agents:

Provided that the county council shall give to the

undertakers reasonable notice of any such claim or

demand as aforesaid and no settlement or compromise

thereof shall be made without the written agreement of

the undertakers;

(9) If the undertakers make application to the county

council for their consent to the laying down by the

undertakers of apparatus in the tunnel (Work No. 2

authorised by Part III of the Kingston upon Hull

Corporation Act 1952), the county council shall not

1952

c.

xliii.

unreasonably withhold their consent, but may grant

their consent subject to such terms and conditions

(including terms and conditions requiring the payment

by the undertakers to the county council of a charge,

rental or wayleave payment) as the county council may

reasonably determine;

(10) (a) If the county council construct the tunnel Work

No.

5

authorised

by

the Kingston upon Hull Corporation

Act 1967 and the undertakers make application to the

1967

c.

xxxiii.

14 c. in

Humberside

Act

1982

PART

II

county council for their consent to the laying down by

—cont. the undertakers of apparatus in that tunnel the county

council shall not unreasonably withhold their consent

but may grant their consent subject to such terms and

conditions as the county council may reasonably

determine;

(b) After the laying down of the apparatus by the under-

takers the provisions of paragraphs (6), (7) and (8)

above shall apply as if such apparatus were existing

apparatus and the said tunnel were one of the relevant

tunnels;

(11)

In paragraphs

(6) to (8)

above''

the

undertakers''

does not

include the electricity undertakers and in paragraph (10)

above " the undertakers " does not include the electricity

undertakers or the gas corporation;

(12) (a) Any difference which may arise between the county

council and the undertakers under this section shall be

determined by arbitration;

(b) In settling any difference under this section the arbitrator

may, if he thinks fit, require the county council to

execute any temporary or other works so as to avoid,

so far as may be reasonably possible, interference with

the use of any apparatus.

PART III

FIRE PRECAUTIONS

Parking 12.—<1) This section applies to a parking place comprising

safety: or within a buying which provides—

requirements. (fl) parking space for more than three motor vehicles,

being a space of which any part of the floor is situated

more than

1 -2

metres below the surface of the ground

adjoining any wall of the building; or

(b) parking space for more than 20 motor vehicles;

not being in either case a parking place for motor vehicles for

the use only of the occupants of a single private dwelling-house.

(2) Where-

to) plans of any proposed work are deposited with a district

council in accordance with building regulations; and

Humberside

Act

1982

c. iii 15

(b) the plans show that the proposed work will include or

consist of the construction, extension or alteration of a

building for the purpose of using all or part of it as a

parking place to which this section applies;

the district council shall reject the plans unless they are satisfied

after consultation with the fire authority and, in a case where a

licence under the Petroleum (Consolidation) Act 1928 will be

1928

c.

32.

required in respect of the building, after consultation with the

licensing authority under that Act (if not the fire authority),

that they may properly consent to the construction, extension

or alteration of the building, either unconditionally, or subject

to compliance with any conditions, specified in their consent,

with respect to the matters mentioned in subsection (3) below

for preventing or reducing danger from fire or other danger

to

life.

(3) The conditions subject to compliance with which plans

may be passed under subsection (2) above are conditions with

respect to the following matters relating to the parking place:—

(a) construction of the vehicular approaches;

(b) means of access for fire brigade appliances and personnel;

(c) means of ingress and egress, including the provision of

appropriate signs;

(d) means of ventilation;

(e) safety of

electrical,

mechanical and heating equipment;

(J) provision of an emergency lighting system;

(g) fire protection, fire alarms and fire-fighting equipment

and appliances; and

(h) prevention of the admission to drains of flammable

substances.

(4) If

the

district council consent to the construction, extension

or alteration of a building subject to compliance with conditions

with

respect to any of

the

matters specified in subsection (3) above

they may impose a requirement that the building shall not be

used for the parking of vehicles until the conditions have been

complied with.

(5) Section 64 (2) and section 65 (2) to (5) of the Act of 1936

(notice of rejection or passing of plans and enforcement of

requirements), shall apply as if this section were a section of the

Act of 1936.

(6) Any person aggrieved by the action of the district council

under subsection (2) or (4) above in rejecting plans, or in impos-

ing any

conditions,

may appeal to the Secretary of State.

PARTIII

—cont.

Humberside

Act

1982

(7) If any conditions, subject to compliance with which plans

have been passed by them under subsection (2) above in respect

of the use of

a

parking place to which this section applies, are not

being complied with, the district council may by notice to the

owner or occupier of the parking place prohibit its use for the

parking of vehicles until those conditions have been complied

with.

(8) If it appears to the district council, after consultation with

the fire authority, that any building or part of a building in the

district—

(a) has been first brought into use after the commencement

of this Act as a parking place to which this section

applies;

(6) has been so brought into use in circumstances in which

no notice had to be given, or plans, sections, specifica-

tions or written particulars deposited, in accordance

with building regulations; and

(c) is not so constructed or equipped that, if plans of the

work consisting of, or including, the parking place had

been deposited under subsection (2) above, the district

council would have given their consent under that

subsection without specifying conditions with respect

to any of the matters specified in paragraphs (b) to

(h)

of subsection (3) above;

they may, for the purpose of preventing or reducing danger from

fire, or other danger to life, by notice to the owner or occupier

of the parking place, require compliance with—

(i) such conditions with respect to any of those matters as

may be specified in the notice; and

(ii) for the purpose of restricting the use of the parking

place until those conditions have been complied with,

such other conditions as may be so specified.

(9) The provisions of Part XII of the Act of 1936 with respect

to appeals against, and the enforcement of, notices requiring the

execution of works shall apply in relation to any notice under

subsection (8) above as if—

(a) references in those provisions to that Act included

reference to this subsection;

(b) for the reference in section 290 of the Act of 1936 to the

court there were substituted reference to the Secretary

of State; and

(c)

in

section

290 (6)

the

words

from "

and

without

prejudice "

to the end were omitted.

Humberside

Act

1982

c. Hi 17

(10) Any person on whom notice is served under subsection (7)

PART

III

above in respect of any parking place owned or occupied by him —com.

who uses the parking place or permits it to be used for the parking

of vehicles in contravention of the notice, shall be guilty of an

offence and liable on summary conviction to a fine not exceeding

£200.

(11) Any person on whom notice is served under subsection (8)

above in respect of any parking place owned or occupied by him,

who contravenes any requirement specified in the notice, shall be

guilty of an offence and liable on summary conviction to a fine

not exceeding £200.

(12) For the purposes of section 287 (1) (a) of the Act of 1936

as applied by this Act, the provisions of this section shall be

provisions which it is the duty of the fire authority as well as the

district council to enforce.

(13) (a) In the case of a building in respect of which a licence,

under section 2 or 3 of the Petroleum (Consolidation) Act 1928,1928

c.

32.

is in force or in respect of which application for such a licence

has been made before deposit of such plans as are referred to

in

subsection (2) above, no conditions shall be specified under this

section in respect of any matter which may be regulated by such

a licence.

(b) Subject to paragraph (a) above, where plans in respect of

any building have been passed subject to compliance with condi-

tions specified under this section, no conditions shall be attached

to any licence in respect of that building under section 2 or 3

of the said Act of 1928 which conflict with the conditions so

specified.

13.—(1) This section applies to apparatus consisting of luminous Firemen's

tube signs designed to work at a voltage normally exceeding switches for

650 volts, or other equipment so designed; and references in this tube'sjgns<

section to a cut-off switch are, in the case where a transformer is

provided to raise the voltage to operate the apparatus, references

to a cut-off switch on the low-voltage side of the transformer.

(2) As from the relevant day in the county—

(a) no apparatus to

which this

section applies shall

be

installed

on or in any premises in the county unless it is provided

with

a

cut-off switch; and

(b) the switch shall be so placed, and coloured or marked,

as to satisfy such reasonable requirements as the fire

authority may impose to secure that it shall be readily

recognisable.by and accessible to firemen.

c.

Hi Humberside

Act

1982

(3) Not less than six weeks before work is begun to install

apparatus to which this section applies on or in any premises,

being work begun after the relevant day, the owner or occupier

of the premises shall give notice to the fire authority showing

where the cut-off switch is to be placed and how it is to be

coloured or marked.

(4) Where notice has been given to the

fire

authority as required

by subsection (3) above, the proposed position, colouring or

marking of the switch shall be deemed to satisfy the require-

ments of

the

fire authority unless, within

21

days from the date of

the service of the notice, the fire authority have served on the

owner or occupier a counter-notice stating that their requirements

are not satisfied.

(5) Where apparatus to which this section applies has been

installed before the relevant day, the owner or occupier of the

premises where it is installed shall, not more than 21 days after

the relevant day, give notice to the fire authority stating whether

the apparatus is provided with a cut-off switch and, if so, where

the switch is placed and how it is coloured or marked.

(6) Where apparatus to which this section applies has been

installed before the relevant day the fire authority may serve on

the owner or occupier of the premises where it is installed a

notice—

(a) in the case of apparatus provided with a cut-off switch,

stating that they are not satisfied with the position,

colouring or marking of the switch and requiring him,

within such period as may be specified in the notice, to

take such steps as will secure that the switch will be so

placed and coloured or marked as to be readily recog-

nisable by, and accessible to,

firemen

in accordance with

the reasonable requirements of the fire authority; or

(b) in the case of apparatus not provided with a cut-off

switch requiring him, within such period as may be

specified in the notice, to provide a cut-off switch in such

a position and so coloured or marked as to be readily

recognisable by, and accessible to,

firemen

in accordance

with the reasonable requirements of

the

fire authority.

(7) A cut-off switch which complies with the regulations of the

Institution of Electrical Engineers for a fireman's emergency

switch as to position, colour and marking shall for the purposes

of this section be deemed to satisfy the requirements of the fire

authority.

(8) The provisions of section 290 of the Act of 1936 shall

apply to notices given by the

fire

authority under this section as

Humberside

Act

1982

c. iii 19

they apply to the notices mentioned in subsection (1) of that

PART

III

section and as if— —com.

(a) reference therein to a local authority included reference

to the fire authority; and

(b) in subsection (6), for the words " five hundred pounds

and

to a

further fine not exceeding forty shillings " there

were substituted the words " two hundred pounds and

to a further fine not exceeding twenty pounds ".

(9) The foregoing provisions of this section shall not apply to

apparatus installed or proposed to be installed on or in premises

in respect of which a licence under the Cinematograph Acts

1909 and 1952 is for the time being in force but, where any

apparatus to which this section applies is proposed to be installed

on

or in any such premises, the owner or occupier of the premises

shall, before the apparatus is installed, give notice to the fire

authority informing them of the position in which it is proposed

to place

the cut-off switch and how it is to be coloured or marked.

(10) The owner and the occupier of premises where apparatus

to which this section applies is installed which does not comply

with subsection (2) above shall each be guilty of an offence and

liable on summary conviction to a fine not exceeding £200 and

to

a daily fine not exceeding £20.

(11) Where notice is not given as required by subsection (3),

(5)

or (9) above, the owner and the occupier of

the

premises shall

each be guilty of an offence and liable on summary conviction to

a

fine

not exceeding £200.

(12) (a) In proceedings for an offence under this section where

the owner and the occupier of the premises in question are both

liable to be prosecuted, it shall be a defence for either of them to

show that it would have been equitable for the prosecution to be

brought only against the other.

(b)

A person charged shall not be entitled to rely on the

defence set out in paragraph (a) above unless within a period

ending 7 clear days before the hearing he has served on the

prosecutor notice in writing of his intention so to do.

(13) In this section " the relevant day" means the forty-

second day after the appointed day.

14»—(1) Except as provided in subsection (2) below, where

Access

for

Plans for the erection or extension of a building are deposited fire brigade.

with a district council in accordance with building regulations,

the district council shall reject the plans unless after consultation

with the fire authority they are satisfied that the plans show—

20 c. in

Humberside

Act

1982

PART III

—com.

(a) that there will be adequate means of access for the fire

brigade to the building or, as the case may be, to the

building as extended; and

(b) that the building or, as the case may be, the extension

of the building will not render inadequate existing

means of access for the fire brigade to a neighbouring

building.

(2) No requirement concerning means of access to a building

or to a neighbouring building shall be made under this section

in the case of a building to be erected or extended in pursuance

of a planning permission granted upon an application made

under the Act of 1971 unless notice of the provisions of this

section is endorsed on or accompanies the planning permission.

(3) Section 64 (2) and section 65 (2) to (5) of the Act of 1936

(notice of rejection or passing of plans and enforcement of

requirements) shall apply as if this section were a section of the

Act of 1936.

(4) Any person aggrieved by the action of the district council

in rejecting plans under this section may appeal to a magistrates'

court.

(5) In this section references to the adequacy or inadequacy

of means of access for the fire brigade shall be construed as

references to a means of access adequate or, as the case may be,

inadequate for use for

fire-fighting

purposes by members of

one

or more fire brigades and their appliances.

Provision of

means of

escape from

fire in

certain

buildings.

15.—(1) In its application to a district, section 60 of the Act

of 1936 (means of escape from fire in certain buildings) shall

have effect as if—

(a) in subsection (1) for the words " twenty feet" there

were substituted "4-5 metres ";

(b) for subsection (4) there were substituted the following

subsection:—

" (4) This section applies to any building which

exceeds one storey in height and in which the floor

of any upper storey is more than 4-5 metres above

the surface of the street or ground on any side of

the

building and which—

(a) is let in whole or in part as a flat or as

tenement dwellings; or

(b) is used as an inn, hotel, boarding house,

hospital, nursing home, boarding school,

children's home or similar institution; or

Humberside

Act

1982

c. iii 21

(c) is used as a restaurant, shop, store or ware-

PART

III

house and has on any upper floor sleeping —com.

accommodation for persons employed on the

premises.".

(2) (a) A district council may by notice require the person

having control of a building to which the said section 60, as

amended by subsection (1) above, applies (other than a house

used, in whole or in part, as a flat or flats) to keep unobstructed

such passages and gangways as are specified in the notice and if

he fails to do so, he shall be guilty of an offence and liable on

summary conviction to a fine not exceeding £200.

(b)

A person served with a notice under this subsection may

appeal to a magistrates' court on any of

the

following grounds:—

(i) that the requirement is not justified by the terms of this

subsection;

(ii) that there has been some material informality, defect or

error in, or in connection with, the notice;

(iii) that the requirement of the notice is unreasonable in

character or extent or is unnecessary;

and the court may dismiss or allow the appeal or may vary the

requirement of the notice against which the appeal is made.

(3) The said section 60 of the Act of 1936, as having effect in

accordance with this section, and subsection (2) above shall not

apply to—

(a) any building in respect of which a licence under the

Cinematograph Acts 1909 and 1952 is for the time being

in force; or

(b) any premises to which section

9A

of the Fire Precautions

Act 1971 applies.

1971

c.

40.

16.—(1) A fire officer authorised in writing by the chief fire Fire

officer of the fire authority may on giving (except in a case of

PJ*Jjf*j^

emergency) not less than 48 hours' notice to the secretary of a clubss

club in the county registered under the Licensing Act 1964, on 1%4

'c

26

production of his authority, enter and inspect as regards any

matter affecting fire risks the premises occupied by the club at

any reasonable time on such day as may be specified in the notice.

(2) Nothing in this section shall apply to any premises occupied

by a club licensed under the Gaming Act 1968.

1968

c.

65.

(3) This section shall cease to have effect upon the designation

by order under section 1 or regulations made under section 12

of the Fire Precautions Act 1971 of the use of premises for

purposes of a registered club as a use for which a fire certificate

is required.

22 c. in

Humberside

Act

1982

PART HI

—cont.

Byelaws

with regard

to certain

temporary

structures.

17.—(1) The county council may make byelaws with regard to

structures to which this section applies for the purpose of securing

protection against fire and the safety of persons resorting thereto,

including byelaws for securing—

(a) the provision of safe and adequate means of ingress to

and egress from the structure;

(b) the provision of first-aid fire-fighting equipment;

(c) the provision of proper and sufficient passages or gang-

ways in the structure and between the structure and

another building or structure;

(d) the stability of the structure;

(e) the proper arrangement of any seating accommodation

to be provided in the structure.

(2) (a) Any officer of the fire authority on producing, if so

required, a duly authenticated document showing his authority,

or any constable may at all reasonable times enter upon, inspect

and examine any structure to which this section applies and

any land giving access thereto for the purpose of ascertaining

whether

there

is,

or has been, in or in connection with the structure,

a contravention of the provisions of any byelaw made under this

section.

(b) Subsections (2), (3) and (4) of section 287 of

the

Act of 1936

shall apply in respect of entry to a structure and any land giving

access thereto for the purposes of this subsection as they apply to

entry to premises for the purpose of subsection (1) of that section

and as so applied shall have effect as if an authorised officer

included a constable.

(3) This section applies to any tent, marquee or other similar

structure which is erected in the county and to which the public

are admitted, whether with or without any charge for admission,

for the purposes of or in connection with any fair, show, exhibit,

game, sport or athletic or other contest or public entertainment

or any political, religious or other public meeting except any tent,

marquee or structure erected for the purposes of or in connection

with a pleasure fair as defined by section 75 of the Act of 1961.

Application,

designation

of streets and

interpretation

of Part IV.

PART

IV

STREET

TRADING

18.—(1) This Part shall apply to the following districts only,

that is to say, the districts of Cleethorpes and the East Yorkshire

Borough of Beverley, and shall apply in any such district from

the appointed day and references in this Part to " the district"

and to " the district council " shall be construed as references to

those districts and to the councils of those districts.

Humberside

Act

1982

c. iii 23

(2) For the purpose of controlling street trading in the district PART

IV

the district council may, by resolution passed in accordance with —cont.

this Part, designate any street in the district—

(a) as a prohibited street, that is to say, a street in which

street trading is unlawful; or

(b) as a licensed traders' street, that is to say, a street in

which street trading is unlawful except by a person

holding a street trader's licence granted to him under

this Part.

(3) A designation made under subsection (2) above may be

varied or rescinded by resolution and the provisions of this

Part shall apply to any such resolution to vary or rescind the

designation of a prohibited street or licensed traders' street

as

they apply to the resolution for the original designation.

(4) In this Part—

" container " includes any thing other than a stall used for

the display of any thing;

" licensee " means the holder of a street trader's licence;

" stall" includes a barrow or other vehicle;

" street trading " means selling or offering or exposing for

sale any thing in a street.

(5) References in this Part to application for, or grant of, a

street trader's licence include references to application for, or

grant of, the renewal of a street trader's licence.

19.—(1) Where the district council propose to pass a resolution Resolution

under this section to designate any street in the district as at°Prohlb!t

prohibited street or licensed traders' street they shall publish °trr£°t

notice of their proposal containing a draft of the resolution— trading.

(a) by sending it to the highway authority and the chief

officer of police;

(b) by advertisement in a newspaper circulating in the

district; and

(c) by posting it in a conspicuous position at each end of

every street referred to in the draft.

(2) The notice shall state that objections to the proposed

resolution may be made in writing to the district council before

such day, not earlier than 28 days after the council have complied

with subsection (1) above, as may be specified in the notice.

24 c. Hi

Humberside

Act

1982

PART

IV

(3) The district council shall, after taking into consideration

—cont. objections made as provided in subsection (2) above—

(a) pass a resolution in terms of the draft; or

(b) pass a resolution in terms of

the

draft with modifications,

but not so as to add any street to those referred to in

the draft nor so as to designate as a prohibited street

any street which in the draft was to be designated as a

licensed traders' street; or

(c) proceed no further on the draft resolution:

Provided that—

(i) they shall not include in the resolution any street belonging

to,

or maintainable by, the British Railways Board

without the consent of that board; and

(ii) they shall not designate any other street as a licensed

traders' street without the consent of the highway

authority.

(4) Where the district council have passed a resolution under

subsection (3) above they shall publish notice of it in the manner

required by subsection (1) above for notice of the draft.

(5) A notice published under subsection (4) above shall state

the day, not less than 28 days after the district council have

complied with that subsection, on which the designations made

by the resolution are to take effect; and different days may be

stated for different streets.

Application 20.—(1) The applicant for a street trader's licence shall—

for licence. (a) state his name and address, the place or places in which,

and the days on which and the times at which, he applies

to trade and what he applies to sell;

(b) describe the stall or container that he proposes to use in

his trade;

(c) give the district council such other information as they

may reasonably require; and

(d) except on application for the grant of the renewal of a

street trader's licence, supply two identical photographs

of the applicant.

(2) (a) The applicant shall with his application pay such reason-

able fee to cover the expense of the district council in dealing

with such applications as the council may by resolution prescribe.

(b) The district council may dispense with, or reduce, a fee

payable under this subsection.

Humberside Act 1982 c. iii

(3) The district council may grant the application, or refuse it,

or grant it with modifications relating to the place, the days on

and times at which he may trade, the nature of the trade, or the

use of a stall or container.

(4) The grounds upon which the district council may refuse

the application or grant it with modifications are that—

(a) the applicant is unsuitable by reason of misconduct or

incapacity;

(b) there is not enough space for street trading as specified

in the application without undue inconvenience to

persons using the street;

(c) in the case of renewal, the applicant has failed to avail

himself,

or avail himself to a reasonable extent, of the

rights conferred by the licence that he holds.

(5) Before exercising the powers conferred by subsection (3)

above to refuse the application or grant it with modifications,

the district council shall serve on the applicant not less than

14

days' notice of their proposal to exercise them and of their

grounds for doing so; and if they propose to exercise those powers

on the ground specified in subsection (4) (a) above, the notice

shall include particulars of the misconduct or incapacity alleged.

(6) If the applicant, within 7 days of service on him of a notice

under subsection (5) above, requires the district council to give

him an opportunity to be heard in support of his application,

the council shall, before exercising the power conferred by sub-

section (3) above to refuse the application or grant it with

modifications, give him an opportunity to be heard by a committee

or

sub-committee of the district council.

(7) Unless, within 8 weeks after an application has been duly

made under this section, the district council have served notice

under subsection (5) above, they shall be deemed to have granted

'he application.

(8) The district council shall notify the applicant of their

decision on his application as soon as may be after the proceedings

required by subsections (5) and (6) above have been concluded;

and, without prejudice to section 89 (Suspension of proceedings

pending appeal) of this Act, until such notification the applicant,

m

the case of renewal, may continue to trade in accordance with

us former licence, notwithstanding that it may have expired.

(9) If the district council refuse the application or grant it with

modifications, they shall in the notice under subsection (8) above

state the grounds upon which they have done so.

26 c. Hi

Humberside

Act

1982

PART

IV

21. A street trader's licence shall specify—

—cont.

Contents of (a) the name and address of the

llcenseeJ

street (h) the place on which the trading may take place;

licence. (c) what the licensee may sell and the days on which and the

times at which he may trade;

(d) the limitation, if

any,

of

the

size and number of

any

stalls

or containers that he may use for trading and any other

limitation of

the

design of such stalls or containers;

(e) what obligations, if any, are imposed on the licensee to

keep the place at which he trades and its vicinity free

of litter and refuse;

(/) the charges, if any, that are leviable under section 27

(Charge for street cleansing) of this Act; and

(g) any other reasonable requirements of the council,

including a requirement that the stalls or containers

allowed by the licence shall display the licensee's name

or the number of his licence or both.

Duration, 22.—(1) Subject to subsection (2) below, a street trader's

revocation licence shall be for such period, not exceeding

12

months, specified

of

licences!

*n ^e ncence as the district council may determine.

(2)

The

district council may—

(a) revoke a licence during its currency on the ground that—

(i) the licensee has become unsuitable by reason

of misconduct or incapacity; or

(ii) the licensee has failed to avail

himself,

or to

avail himself to a reasonable extent, of his licence; or

(b) modify a licence during its currency, so that it is valid

for a place, day or time, or for trade of a

nature,

or for

the use of a stall or container, other than that specified

in

the

licence.

(3) Subsections (5), (6), (8) and (9) of section 20 (Application

for licence) of this Act shall apply to the exercise of powers con-

ferred by subsection (2) above as they apply to the power to refuse

an application for a street trader's licence or to grant it with

modifications, and for that purpose shall have effect as if—

(a) for references to the applicant and the refusal of his

application or the grant of his application with modi-

fications, there were substituted references to the licensee

and the revocation of his licence or the modification of

his

licence;

Humberside

Act

1982

c. iii 27

(b) for the references to subsection (3) of the said section

20,

PART

IV

there were substituted references to subsection (2) —cont.

above;

(c) for the reference to subsection (4) (a) of that section,

there were substituted a reference to subsection

(2) (a)

(i)

above;

(d)

in

subsection

(6)

the

words

"in support of his application"

were

omitted; and

(e) in subsection (8) the words " on his application " and

the words from " and, without prejudice " to the end

were omitted.

23.

A person— Part

IV

appeals.

(a) who has applied for a street trader's licence and whose

application has been refused or has been granted with

modifications; or

(b) whose street trader's licence has been revoked or has been

modified;

may

appeal to a magistrates' court; and on any such appeal the

court

may order directions for giving effect to its decision but shall

not direct the granting of a licence with modifications, or the

restoring of it with modifications, more onerous than the modifica-

tions

appealed against.

24.

A street trader's licence granted by the district council Disqualifica-

to a person

who has not attained the age of

17

shall be of no effect, tion of

young

persons.

25.—(1) A licensee may employ, to assist him at the stall or Employment

container used for street trading, any assistant or

any

other licensee. of assistants-

(2) Nothing

in this

section shall affect

the

operation of section 20

of

the

Children and Young Persons Act 1933 or of any byelaws

1933

c. 12.

made

under that section.

26.

The district council shall take such steps as they think Consultation

necessary for affording to any recognised organisation representa- ™* ^-JJ,

tive of street traders (and to any street trader or other interested et|_

party

who is

not a member of any such organisation) an opportunity

to make representations with regard to the nature of the limita-

tions and obligations or other provisions of street traders' licences

and to related matters.

28 c. 111

Humberside

Act

1982

PART IV

—cont.

Charge for

street

cleansing.

27.

The district council may charge a licensee such sums to

cover the expenses of the district council in collecting refuse,

street cleansing and providing other services for the administration

of street trading under this Part, as the district council may by

resolution prescribe; and such charges may—

(a) be incorporated in the fee payable under subsection (2) of

section 20 (Application for licence) of this Act; or

(b) be recoverable from the licensee as a simple contract

debt.

Offences

under

Part IV.

28.

A person who—

(a) engages in street trading in a prohibited street;

(b) without a street trader's licence, or contrary to the

provisions of such a licence, engages in street trading

in a licensed traders' street;

(c) on land within 6 metres of a prohibited street or a

licensed traders' street, sells or offers or exposes for sale

anything;

(d) in support of, or in opposition to, an application for a

street trader's licence, or in opposition to, or in support

of, a proposal to revoke or modify such a licence, makes

a statement which he knows to be false in a material

particular, or recklessly makes a statement which is

false in a material particular; or

(e) engages in street trading and, being requested by any

proper officer of the district council producing his

authority or a constable to give his name and address

fails to do so;

shall be guilty of an offence and liable on summary conviction

to a fine not exceeding £200.

Savings for

Part IV.

1871 c. 96.

1916 c. 31.

29.—(1) Nothing in this Part shall—

(a) prohibit a person from acting as a pedlar under the

authority of a pedlar's certificate granted under the

Pedlars Act 1871;

(b) prohibit the doing of anything authorised by regulations

made under section 5 of the Police, Factories, etc.

(Miscellaneous Provisions) Act 1916 (street collections);

Humberside

Act

1982

c. iii 29

(c) prohibit the doing of anything on land by the owner or

PART

IV

occupier of the land or by any person with the consent —cont.

of the owner or occupier;

(d) prohibit the doing of anything on land forming part of

a highway by the owner or occupier of land fronting

that part;

(e) prohibit the selling, or the offering or exposing for

sale,

of any thing to persons on premises fronting on,

or adjacent to a street, whether the trading takes place

on those premises or in that part of the street on which

the premises front or to which they are adjacent;

(/) prohibit the provision of facilities for recreation or

refreshment under section 213 (2) of the Act of 1971

as amended by section 31 (Highway amenities) or of

structures under section 32 (Power to provide kiosks,

etc.) of this Act;

(g) in the case of a highway in respect of which a control

order is in force under section 7 of the Act of 1976,

regulate the sale of any thing as respects which the

control order provides that the order is not to apply

to it;

(h) prohibit the sale, or the offering or exposure for sale,

of newspapers in a street if nothing except newspapers

is sold or offered or exposed for sale.

(2) Nothing in this Part shall prohibit the sale, or the offering

or exposure

for

sale,

of periodicals either alone or with newspapers

in

a street if the following conditions are satisfied:—

(a) that nothing except periodicals either alone or with

newspapers is sold or offered or exposed for sale;

(b) that no stall or container is used which—

(i) stands on any part of the carriageway of the

street; or

(ii) exceeds

1

metre in its vertical, or any horizontal,

dimension or a quarter of a square metre in the area

covered by it.

(3) Nothing in this Part shall prohibit the sale or offering or

exposure

for

sale

of any thing in a market or fair held in pursuance

of any statute, royal licence, royal charter or letters patent, or as

of right from time immemorial.

30 c. 111

Humberside

Act

1982

Application

of

Part

V.

1974

c.

44.

1890

c.

59.

Highway

amenities.

1967

c.

76.

PARTV

MISCELLANEOUS

30.—(1) (a) The provisions of this Part mentioned in para-

graph (b) of this subsection shall apply to the county and be

exercisable by the county council.

(b) The provisions of this Part referred to in this subsection

are—

Section

31

(Highway amenities);

Section 32 (Power to provide kiosks, etc.);

Section 33 (Regulation of placing things on footway);

Section 35 (Prohibition of parking of goods vehicles in

residential streets);

Section 48 (Dealers in second-hand goods);

Section 50 (Extension of section 126 of Housing Act 1974);

Section 54 (Insurance of certain voluntary assistants).

(2) The sections of this Part specified in columns (1) and (2) of

Schedule 2 to this Act shall apply to the districts specified in

column (3) of that Schedule, and the powers therein shall be

exercisable by the councils of those districts.

(3) Section 46 (Enforcement of

byelaws)

of

this

Act shall apply

to all byelaws made by any local authority.

(4) Section 47 (Enforcement of section 51 of Public Health

Acts Amendment Act 1890) of this Act shall apply in any district

in which

the

said section

51

is in operation.

A.

Streets

31.—(1) Subject to the modifications specified in subsection (2)

below and to the provisions of subsection (14) below, section 213

of the Act of

1971

(power for local authorities to provide facilities

for recreation or refreshment in certain highways) shall in the

county apply to—

(a) footways within the meaning of the Act of 1980 so far

as designated in accordance with subsections (4) and (5)

below;

(b) footpaths within the meaning of that Act;

(c) subways constructed under section 69 of that Act;

(d) bridges constructed under section 70 of that Act; and

(e) roads the use of which by vehicular traffic is prohibited

by a traffic regulation order or experimental traffic order

made under section

1

or

9

of the Road Traffic Regulation

Act 1967;

as it applies to a highway in relation to which an order has been

made under section 212 (2) of the Act of

1971.

Hutnberside

Act

1982

c. Hi

(2) The modifications referred to in subsection (1) above are—

(a) the omission from section 213 (1) of the words " giving

effect to the order or of ";

(b) the substitution in section

213

(3)

(a),

for the words " the

order under section 212 of this Act was made ", of the

words " the powers were exercised ";

(c) the substitution in section 213 (3)

(d),

for the words from

" permitted " to the end, of the words " lawful; or ";

(d) the substitution in section 213 (5) for the words " con-

sulted the highway authority (if different) and ", of the

words " obtained the consent of the highway authority

(if different) and consulted ".

(3) For the purpose of subsection (1)

(e)

above, use by vehicular

traffic is prohibited where the prohibition applies to the whole

width of the road and is so prohibited notwithstanding that the

traffic regulation order or experimental traffic order permits

certain vehicles or classes of vehicle to use the road or permits

vehicles or classes of vehicle to use the road at certain times or

on

certain days or during certain periods.

(4) Subject to subsection (5) below, a competent authority, on

the application of any person or without receiving such an

application, may, for the purposes of subsection (1) (a) above,

by resolution designate any part of any footway in their area

where

they are satisfied that the powers in section 213 of the Act

of 1971, as they have effect by virtue of this section, may be

exercised in relation to that footway without detriment to the

safe movement of vehicles on the adjoining carriageway and

without material detriment to the movement of pedestrians on

the

footway.

(5) Before resolving to designate any part of a footway under

subsection (4) above, a competent authority shall give notice

that they propose to consider the designation of that part of the

footway for the purposes of

this

section by

fixing

in a conspicuous

position on or near that part of the footway, by publishing in a

local newspaper circulating in the area in which the footway is

situated and by serving on the occupiers of premises adjoining

that part of the footway and on the occupiers of any other

Premises appearing, to the competent authority, likely to be

affected, a notice containing the following particulars, that is

to say:—

(a) a brief description of the part of the footway to which

the proposed designation relates;

(b) a brief statement as to the general effect of the proposed

designation; and

(c) a statement of the address to which, and the period, not

less than six weeks after the latest date on which the

c. iii

Humberside

Act

1982

notice is given or published, during which representa-

tions regarding the proposed designation may be made.

(6) In section 213 (2) of the Act of

1971

as it has effect in the

county, the power to provide facilities for recreation or refresh-

ment includes power, subject to subsections (9) and (10) below, to

permit their provision by any person on such conditions as the

competent authority think fit:

Provided that, except where such facilities are provided on land

belonging to the competent authority, the authority shall only

make such charge for permission to provide such facilities as

will reimburse the authority for their reasonable expenses in

connection with granting their permission, but this provision

shall not prejudice the right of the authority to require payment

in respect of, or indemnities against, claims, liabilities, and obliga-

tions arising by reason of—

(a) the provision of such facilities, and costs incurred by

the authority in connection therewith; and

(b) the removal or alteration of such facilities when required

by the authority.

(7) Nothing in this section shall be taken to relieve any person

from liability for damage caused

by him

to any apparatus belonging

to,

or maintained or used by, statutory undertakers.

1 (8) A competent authority shall not exercise the powers of

section 213 of the Act of

1971

so far as extended by this section

in relation to any highway belonging to or repairable

by,

or any

operational land or disused railway belonging to, the British

Railways Board except with the consent of that board, which

consent shall not be unreasonably withheld and any question

whether consent is unreasonably withheld shall be determined

by

arbitration.

(9) Where a competent authority propose—

(a) to exercise the powers of section 213 of the Act of 1971

to provide facilities in any such footway, footpath or

road as is mentioned in subsection (1) (a), (b) or (e)

above; or

(b) to consider an application for permission to provide

facilities for recreation or refreshment pursuant to

subsection (6) above for more than

28

days in a calendar

year;

they shall give notice of their proposal or, as the case may be,

the application, specifying the nature of

the

facilities and the place

where it is proposed that they be provided and the period, not

less

than

six weeks

after

giving

the

notice,

during which representa-

tions regarding their proposal or, as the case may be, the applica-

tion may be made to them:

Humberside

Act

1982

c. Hi

Provided that notice shall not be required where the application

is for renewal of permission previously given.

(10) Notice for the purpose of subsection (9) above shall be

given—

(a) by

fixing

the notice in a conspicuous position at or near

the place where it is proposed to provide the facilities;

and

(b) by serving the notice on the occupier of any premises

appearing to the competent authority to be likely to

be affected by the facilities:

Provided that, where the competent authority are required by

subsection (9) above to give notice of their proposal or, as the

case may be, an application to provide facilities for recreation

or

refreshment and intend to consider that proposal or application

on the same occasion as they consider the designation, for the

purposes of subsection (1)

(a)

above, of any part of any footway

on which the said facilities are to be provided, the requirements

of this subsection shall be satisfied by the incorporation of the

notice to be given under subsection (9) above in the particulars

of the notice given by the competent authority under subsection (5)

above.

(11) A competent authority shall not proceed—

(a) with any proposal to designate any part of a footway for

the purposes of this section; or

(b) with any proposal to exercise any such power, or to

grant any such permission, as is mentioned in sub-

section (9) above;

until they have taken into consideration all representations made

in accordance with subsection (5) or, as the case may be,

subsection (9) above.

(12) The competent authority shall take such steps as they think

necessary for affording to any organisation appearing to them

to represent the interests of persons trading in shop premises

which may be affected by the provision of facilities under this

section an opportunity to make representations to the authority

about any such proposal as is mentioned in subsection (11)

above.

(13) Notice served on an occupier of premises in accordance

with subsection (5) or (10) above shall be addressed to him by

name or, if his name is not known, by delivering the notice at

the premises addressed to him as " The Occupier ".

(14) In a district not specified in relation to this section in

column (3) of Schedule 2 to this Act the district council shall

exercise the powers of section 213 of the Act of

1971

as contained

w that section as enacted and not as it has effect by virtue of this

section.

34 c. in

Humberside

Act

1982

PARTV

—cont.

Power to

provide

kiosks, etc.

32.—(1) The appropriate authority may provide in any street

in the county kiosks, show cases or other similar structures for

the sale of articles, the display of articles for sale or the display

of posters, and may let any such structure on such terms and

conditions as they think fit.

(2) A power exercisable under subsection (1) above may be so

exercised as to restrict the access of the public to any part of a

street, but shall not be so exercised as—

(a) to prevent persons from entering the street at any place

where they could enter it before the power was exercised;

or

(b) to prevent the passage of the public along the street; or

(c) to prevent normal access by pedestrians to premises

adjoining the street; or

(d) to obstruct any use of vehicles which is lawful; or

(e) to prevent statutory undertakers from having access

to any works of theirs under, in, on, over, along or

across the street.

(3) The power exercisable by the appropriate authority under

subsection (1) above to provide kiosks, show cases or other

structures includes power to permit their provision by any person

on such conditions as the appropriate authority think fit.

(4) The appropriate authority shall not by virtue of

this

section

themselves undertake or engage in the business of newspaper

vendors or any other business at, o^ in connection with, any

structures provided under this section.

(5) (a) Subsection (7) of section 31 (Highway amenities) of

this Act shall apply to this section.

(b) Subsections (9) to (11) of the said section 31 shall apply

to any proposal of the appropriate authority to exercise the

powers of subsection (1) or (3) above for the provision of any

structure in a street as if that structure were provided in exercise

of the powers of section 213 of the Act of 1971 as having effect

in accordance with the said section 31.

(6) The appropriate authority shall not exercise the powers of

this section in relation

to—

(a) any street belonging to or repairable by the British

Railways Board; or

(b) any part of a street which—

(i) is carried over a railway of that Board by means

of a

bridge;

or

(ii) abuts on any retaining wall or cutting slope

forming part of any such

railway;

or

(iii) is directly beneath the arch or span of a bridge

carrying any such railway over that street;

Humberside

Act

1982

c. iii 35

except with the consent of that board, which consent shall not

PART

V

be unreasonably withheld, and any question whether consent is —cont.

unreasonably withheld shall

be

determined by arbitration.

(7) (a) The appropriate authority for the purposes of this

section means the county council and also, if the street is in a

district specified in relation to this section in column (3) of

Schedule 2 to

this Act, the district council of that district.

(b) A district council shall not exercise the powers conferred

by this section except after consultation with the county council

and the said powers shall not be exercised—

(i) by the district council in relation to a street which is a

highway, without the consent of the highway authority;

or

(ii) by the county council in relation to a street which is a

highway for which they are not the highway authority,

without the consent of the Secretary of State.

33.—(1) The appropriate authority on an application made to Regulation of

them by any person may permit, either unconditionally or subject placing things

to such conditions as may be specified in the permission, thaton °° way'

person to place on the footway of any highway in their area any

structure or article which in the opinion of the appropriate

authority will not unreasonably impede the passage of

vehicles

or

pedestrians.

(2) The conditions which may be imposed under subsection (1)

above shall include, in relation to the structure or article,

conditions relating to—

(a) its siting;

(b) its dimensions;

(c)

its

maintenance;

(d) its visibility to traffic and pedestrians; and

(e) its removal at the end of the period of the permission.

(3) Where the appropriate authority propose to consider an

application under this section for permission to place on a footway

any structure or article they shall give notice of the application,

specifying the nature of the structure or article and where it is

proposed that it should be placed and the period, not less than six

weeks after giving the notice, during which representations

regarding

the

application may be made to them:

Provided that notice shall not be required where the application

is

for

the

renewal of permission previously given.

(4) Notice for the purpose of subsection (3) above shall be given

by serving the notice on the occupier of

any

premises appearing to

the appropriate authority to be likely to be materially affected by

the placing of the structure or article, addressed to that occupier

36 c. iii

Humberside

Act

1982

PART V by name or, if his name is not known, by delivering the notice at

—cont. the premises addressed to him

as

" The Occupier ".

(5) The appropriate authority shall not proceed to grant any

such permission, as is mentioned in subsection (3) above until

they have taken into consideration all representations made in

accordance with that subsection.

(6) Where a structure or article has been placed on a footway

in accordance with a permission granted under this section,

the person to whom the permission was granted shall secure that

any condition subject to which that permission was granted is

complied with and if he fails to do so without reasonable excuse

he shall be guilty of an offence and liable on summary conviction

to a fine not exceeding £50.

(7) Where a person places a structure or article on a footway

in

accordance with the permission granted under this section or

contravenes any condition subject to which that permission

was granted, he shall not thereby be guilty of an offence under

1847

c.

89.

section 28 of the Town Police Clauses Act 1847.

(8) In any case in which proceedings can be taken either under

this section or under Part IV (Street trading) those proceedings

shall

be

taken under the said Part

IV

and not under this section.

(9) The appropriate authority shall not exercise the powers

of

this section in relation

to—

(a) any footway belonging to or repairable by the British

Railways Board; or

(b) any part of

a

footway

which—

(i) is carried over a railway of that board by

means

of

a

bridge;

or

(ii) abuts on any retaining wall or cutting slope

forming part of any such railway; or

(iii) is directly beneath the arch or span of a bridge

carrying any such railway over that footway;

except with the consent of that board, which consent shall not

be unreasonably withheld, and any question whether consent is

unreasonably withheld shall be determined by arbitration.

(10) (a) The appropriate authority for the purposes of this

section means the county council and also if the highway is

in a

district specified in relation to this section in column (3) of

Schedule

2 to

this Act, the district council of that district.

(b) A district council shall not exercise the powers conferred

by this section except after consultation with the county council

and the said powers shall not be exercised—

(i) by the district council, without the consent of

the

highway

authority; or

Humberside Act 1982

c.

mil

37

(ii) by the county council in relation to a highway for which

they are not the highway authority, without the consent

of the Secretary of State.

(11) Nothing in this section shall relieve the appropriate

authority, or any person acting in accordance with a permission or

requirement of the appropriate authority, from liability for damage

caused to apparatus belonging to or maintained or used by

statutory undertakers, and the powers of this section shall be so

exercised as not unreasonably to obstruct or render less convenient

the

access to any such apparatus or operational land of statutory

undertakers.

34.—(1) A district council may allocate to the buildings in a Street

street

in their district such numbers as they think fit. numbers.

(2) Where a number has, or numbers have, been allocated to a

building under this section or under section 64 of the Towns

Improvement Clauses Act 1847, the district council may serve on

1847

c. 34.

the

owner or occupier of the building a notice requiring him within

such period, not being less than three weeks, as may be specified

in the notice to mark the building with that number, or those

numbers, in such a way as to make the mark legible from the

street.

(3) The owner or occupier of a building shall—

(a) maintain the mark in such a way that it remains legible

from the street; and

(b) keep the view of the mark from the street unobstructed

to such extent as is practicable.

(4)

A

district council may alter the number or numbers allocated

to a building, and where they do so subsections (2) and (3) above

shall apply to the altered number or numbers.

(5) A district council may, instead of requiring a building to

be marked with a number or numbers under this section, require

it to be marked with such other means of identification as they

may, at the request of the owner or occupier, allow; and sub-

sections (2) and (3) above shall have effect accordingly.

(6) An owner or occupier of a building who without reasonable

excuse-

fa) fails to comply with a notice served on him under sub-

section (2) above; or

(b) contravenes subsection (3) above;

shall be guilty of an offence and liable on summary conviction

to

a fine not exceeding £50.

(7) The following provisions of the Towns Improvement

Clauses Act 1847 shall cease to have effect:—

(a) in the words introducing sections 64 and 65, the words-

" and numbering the houses ";

PART V

—cont.

38 c. in

Humberside

Act

1982

(b) in section 64 the words from " shall from time to time "

to "think fit, and" and the words "number or"

wherever occurring;

(c) section 65.

35.—(1) In this section—

" goods vehicle " means a vehicle, whether mechanically

propelled or not, constructed or adapted for the carriage

of goods not being a vehicle falling within paragraph (a)

of the definition of small goods vehicle in section 60 (4)

of the Transport Act 1968 or a dual purpose vehicle as

defined in paragraph 14 of Schedule 5 to the Road

Traffic Regulation Act 1967;

"prescribed hours" means the hours between 9.00 p.m.

and 8.00 a.m.;

" residential street" means a street predominantly fronted

either by residential or mainly residential buildings or

by such buildings and schools or public open spaces.

(2) (a) If, after the appointed day in any district, it appears to

the county council in consequence of

a

representation made to the

county council in accordance with paragraph (b) below that the

amenities of any part of the district are prejudicially affected by

the use during the prescribed hours of any residential street in the

district as a parking place for one or more goods vehicles, the

county council may, by an order made in accordance with this

section, prohibit the use as a parking place for goods vehicles

during the prescribed hours of the residential street to which the

representation relates or any part of such street specified in the

order.

(b) A representation under paragraph (a) above shall be made

in writing and signed by local government electors residing in

not less than five dwelling-houses, being dwelling-houses in the

residential street concerned, or dwelling-houses in any other such

street which are within 100 metres

thereof.

(3) (a) If the county council propose to make an order under

this section, they shall—

(i) publish a notice stating the effect of the proposal in a

newspaper circulating in the district; and

(ii) post copies of the notice in a conspicuous position at

each end of the residential street to which the proposal

relates; and

(iii) serve a copy of the notice and a statement of the nature

of the representation made under subsection (2) above

on the owner or occupier of every dwelling-house in

the street to which the draft order relates.

(b) The notice under paragraph

(a)

above shall state where the

draft order can be inspected and copies purchased and that

PART V

—cont.

Prohibition of

parking

of

goods vehicles

in residential

streets.

1968

c.

73.

1967

c.

76.

Hwnberside Act 1982 c. iii

objections to the order may be made in writing to the county

council before such day, not earlier than 28 days after the county

council have complied with paragraph (a) above, as shall be

specified in the notice.

(c) Before making the order the county council shall—

(i) consider all objections made as provided in paragraph (b)

above;

(ii) consult the district council concerned and the chief

officer of police; and

(iii) afford to the owner or occupier of every dwelling-house

in the street to which the draft order relates, being a

person who has made objection, an opportunity of

being heard by a committee or sub-committee of the

county council.

(4) If, after considering objections made under subsection (3)

above, the county council determine to make the order, they may

make the order in the terms of the draft, or in those terms as

modified to meet in whole or in part all or any of the objections,

but if the county council consider that any person may be

adversely affected by any such modification they shall, before

making the order, take such steps as appear to them to be

appropriate for informing the persons likely to be so affected of

the

modification, for giving those persons an opportunity to make

representations and for ensuring that any such representations

are duly considered by the county council.

(5) When an order has been made by the county council under

this section they shall publish notice of it, and of the right of

appeal under subsection (7) below, in the manner required by

subsection (3) above for notice of a proposal

(6) (a) Any order made under this section shall come into

operation at the expiration of the period of 28 days after the

first publication of the notice of the making of the order under

subsection (5) above or, if an appeal is lodged under subsection (7)

below, when the appeal is disposed of or withdrawn or fails for

want of prosecution.

. (b) Any such order shall have effect for such period, not exceed-

Wg five years, as the county council may determine, but this

Paragraph does not prejudice the power of the county council to

make a further order in the same manner as the previous order.

(7) (a) A person who is aggrieved by an order under this

section may, within 28 days after the first publication of the notice

°f the making of the order under subsection (5) above, appeal to

we county court.

. (b) On an appeal to the county court under this subsection the

Judge may make such order, either confirming or quashing or

varying the order as he thinks fit, but shall not so vary the order

40 c. iii

Humberside

Act

1982

PART

V

that it is more onerous than the order made by the county council.

~~con' (8) Nothing in any order made under this section shall prevent

the waiting of

a

goods vehicle during the prescribed hours on any

residential street for any period not exceeding one hour or for

such period

as is

reasonably necessary for dealing

with a

breakdown

or other emergency.

(9) Nothing in any order made under this section shall prevent

the waiting of

a

goods vehicle in a residential street for so long

as

may be necessary to enable the vehicle, if it cannot reasonably

be used for such purpose without waiting in that street, to be

used in connection with the erection,

laying,

placing,

maintenance,

testing, alteration, repair, renewal or removal of—

(a) any structure, works or apparatus in, on, under or over

the street;

(b) any structure, works or apparatus of statutory under-

takers or the British Railways Board in land adjacent

to the street, in any case where it is reasonably necessary

to carry out those operations on that land during the

prescribed hours in order to minimise any disruption

of services provided by them.

(10) For the purposes of this section a vehicle having an

unladen weight exceeding 1,525 kg. in which there is installed

freezing equipment designed or used for the manufacture of

ice-

cream or any similar commodity and which but for the installation

of that equipment would have had an unladen weight of 1,525 kg.

or

less

shall

be

deemed not to be

a

goods

vehicle,

but the exemption

afforded to such

a

vehicle

by this

subsection shall only

have

effect—

(a) if and so long as the equipment is not in operation; or

(b) if the equipment is in operation, if and so long as it is

so operated as not to cause a nuisance by reason of

the

noise of the equipment in operation or the smell

emanating from it.

(11) If any person parks a goods vehicle in contravention of

an order under this section, he shall be guilty of an offence and

liable on summary conviction to a fine not exceeding £50.

(12) Notice of the effect of any order made under this section

shall be given by traffic signs displayed in conspicuous positions

in

the street to which it relates.

36.—(1) In this section—

" front garden " means so much of the curtilage of a dwelling-

house fronting on a street as lies between that street

and—

(a) any building line within the curtilage prescribed

under section 74 of the Act of 1980 or any other

enactment; or

Prohibition of

parking of

goods vehicles

in front

gardens.

Hwnberside Act 1982 c. iii 41

(b) if there is no such building line, a line, parallel PART

V

to the street, which passes through the forwardmost —cont.

part of any wall of the dwelling-house nearest to the

street;

"goods vehicle" means a vehicle, whether mechanically

propelled or not, constructed or adapted for the carriage

of goods not being a vehicle falling within paragraph (a)

of the definition of small goods vehicle in section 60 (4)

of the Transport Act 1968 or a dual purpose vehicle as

1968

c. 73.

defined in paragraph 14 of Schedule 5 to the Road

Traffic Regulation Act 1967; 1967 c. 76.

"residential street" means a street predominantly fronted

either by residential or mainly residential buildings or

by such buildings and schools or public open spaces.

(2) (a) If, after the appointed day in any district it appears to

the district council whether in consequence of a representation

made to the district council in accordance with paragraph (b)

below or otherwise, that the amenities of any part of the district

are prejudicially affected by the habitual use of any land within

the front garden of any dwelling-house in a residential street in

the district for the parking in the open of one or more goods

vehicles, the district council may, by an order made in accordance

with

this section, prohibit the use of land within the front gardens

of the

dwelling-houses in the street, or any part

thereof,

specified

in the

order for the parking in the open of goods vehicles.

(b)

A representation under paragraph (a) above shall be made

in writing and signed by local government electors residing in

not less than five dwelling-houses, being dwelling-houses in the

street concerned, or dwelling-houses in any other such street

which are within 100 metres of the land in question.

(3) (a) If the district council propose to make an order under

this section, they shall—

(i) publish a notice stating the effect of the proposal in a

newspaper circulating in the district; and

(ii) post copies of the notice in a conspicuous position at each

end of each street or part thereof to which the proposal

relates; and

(iii) serve a copy of the notice and a statement of the nature

of the representations (if any) made under subsection (2)

above on the owner or occupier of every dwelling-house

in the street or part thereof to which the draft order

relates.

{b) The notice under paragraph (a) above shall state where the

draft order can be inspected and copies purchased and that

objections to the order may be made in writing to the district

c. Hi

Humberside

Act

1982

council before such day, not earlier than 12 weeks after the

council have complied with paragraph (a) above, as shall be

specified in

the

notice.

(c) Before making the order

the

district council shall—

(i) consider all objections made as provided in paragraph

(b)

above and

the

availability of parking facilities;

(ii) consult the chief officer of police, the highway authority

(if

any)

for

the

street

in

question and, if the county

council

are not the highway authority or if the street is not a

highway,

the

county

council;

and

(iii) afford to the owner or occupier of every dwelling-house

in the street or part thereof to which the draft order

relates, being a person who has made objection, an

opportunity of being heard by a committee or sub-

committee of the district council.

(4) If, after considering objections made under subsection (3)

above, the district council determine to make the order, they

may

make the order in the terms of the draft, or in those terms as

modified to meet in whole or in part all or any of the objections

but if the district council consider that any person may be ad-

versely affected by any such modification they

shall,

before making

the order, take such steps as appear to them to be appropriate for

informing the persons likely to be so affected of the modification,

for giving those persons an opportunity to make representations

and for ensuring that any such representations are duly considered

by the district council.

(5) When an order has been made by the district council

under this section they shall publish notice of it, and of the right

of appeal under subsection (9) below, in the manner required

by subsection (3) above for notice of a proposal.

(6) (a) Any order made under this section shall come into

operation at the expiration of the period of three months after

the first publication of the notice of the making of the order

under subsection (5) above or, if an appeal is lodged under

subsection (9) below, when the appeal is disposed of or withdrawn

or fails for want of prosecution.

(b) Any such order shall have effect for such period, not

exceeding five years, as the district council may determine, but

this paragraph does not prejudice the power of

the

district council

to make a further order in the same manner as the previous

order.

(7) A district council may revoke an order made under this

section and may vary an order so made so as to diminish the

scope thereof.

Humberside

Act

1982

c. iii 43

(8) An order under this section shall be a local land charge.

PART

V

—cont.

(9) (a) A person who is aggrieved by an order under this

section

may,

within 28 days after the first publication of the notice

of the making of the order under subsection (5) above, appeal

to the county court.

(b) On an appeal to the county court under this subsection

the judge may make such order, either confirming or quashing

or varying the order as he thinks fit, but shall not so vary the

order that it is more onerous than the order made by the district

council.

(10) Nothing in any order made under this section shall prevent

the

waiting of

a

goods vehicle on any land within the front garden

of a dwelling-house for such period as is reasonably necessary

for loading or unloading or for dealing with a breakdown or

other emergency.

(11) For the purposes of this section a vehicle having an

unladen weight exceeding 1,525 kg. in which there is installed

freezing equipment designed or used for the manufacture of

ice-cream or any similar commodity and which but for the

installation of that equipment would have had an unladen weight

of 1,525 kg. or less shall be deemed not to be a goods vehicle,

but the exemption afforded to such a vehicle by this subsection

shall only have effect—

(a) if and so long as the equipment is not in operation; or

(b) if the equipment is in operation, if and so long as it is

so operated as not to cause a nuisance by reason of the

noise of

the

equipment

in

operation or

the smell

emanating

from it.

(12) If any person uses, or permits to be used, land within the

front garden of a dwelling-house in contravention of an order

under this section, he shall be guilty of an offence and liable on

summary conviction to a fine not exceeding £50.

B.

Public health

37.—(1) This section applies to any building operation including Dust,

,

any work of demolition or the cleansing of any building or

JJ^jJJJf118

structure, which is either carried out in the open air or carried

put in such circumstances that dust from the operation

is

emitted

into the open air except that, in any district in which section 29

of the Act of

1961

has effect in accordance with section

43

(Control

of demolitions) of this Act this section does not apply to any

demolition to which subsection (1) of the said section 29 applies.

(2) Except as provided in subsection (6) below, a district

council may give notice to any person carrying out, or controlling

the carrying out of, an operation to which this section applies

44 c. iii

Humberside

Act

1982

PART

V

in their district requiring him, within such time as is specified in

—com.

the notice, to take such reasonably practicable steps as are so

specified to reduce the emission of dust from the operation.

(3) In considering what steps are reasonably practicable for

the purposes of subsection (2) above, the district council shall

have regard, amongst other matters, to the requirements of safety

and safe working conditions, any relevant provisions of any code

of practice approved under section 16 of the Health and Safety

1974

c

37.

at Work etc. Act 1974 and to the

financial

implications.

(4) Any person aggrieved by a notice under subsection (2)

above may appeal to the county court and the judge may make

such order, either confirming or quashing or varying the notice,

as he thinks fit but shall not so vary the notice that it is more

onerous than the notice given by the district council.

(5) (a) Subject

to

any order made on appeal under subsection

(4)

above, any person who fails to comply with a notice under sub-

section (2) above

shall be

guilty of an offence and liable on summary

conviction to a fine not exceeding £200 and to a daily fine not

exceeding

£20.

(b) In any proceedings under

this

subsection it shall be a defence

to show that the quantity of dust emitted into the open air was

not materially greater than would have been emitted if the notice

had been complied with.

(6) (a) If, before the carrying out of any operation to which

this section applies, the person who intends to carry it out

applies to the district council for their consent to the operation

giving particulars of—

(i) the operation and the method by which it is to be carried

out; and

(ii) the steps proposed to be taken to reduce the emission

of dust from the operation;

and the district council consider that, on the carrying out of

the

operation in accordance with the application, they would not

serve

a notice under subsection (2) above in respect of that operation,

the district council may give their consent to the operation for the

purposes of

this

section, either unconditionally or subject to such

conditions as may be specified in the consent.

(b) In acting under this subsection the district council shall

have regard to the matters specified in subsection (3) above.

(c) If the district council do not, within

21

days from the receipt

of an application under this subsection, give to the applicant a

consent, with or without conditions, which is acceptable to the

applicant, he may appeal to the county court.

Humberside

Act

1982

c. Hi 45

(d)

On any appeal under this subsection the judge may make

PART

V

such

order either confirming the refusal of

the

consent or varying —cont.

any conditions subject to which the consent has been given or

ordering the giving of the consent with or without conditions as

he thinks

fit

but shall not so vary any conditions that

they are

more

onerous than those specified by the district council.

(7) In this section " dust" includes chemicals in solution and

grit.

38.—(1) Where any court or yard is appurtenant to, or any

Paving of

passage gives access to, industrial premises in any district as well yafds and

as to a house or houses the district council may exercise the

P388^8-

powers of section 56 of the Act of 1936 (paving and draining

of

courts,

yards and passages) in respect of any such industrial

premises as if they were a house.

(2) In this section " industrial" shall be construed in

accordance with the Industry Act 1975.

1975

c.

68.

39.—(1) If, upon a complaint by a district council under this Power to

section, a magistrates' court is satisfied that any gas, vapour or

°irtdertion

of

fumes frcm a chimney of a building in the district is injurious

chjmneys>

or likely to be injurious to health or a nuisance, the court may

make an order requiring the owner of the chimney within such

time as may be specified in the order—

(a) to cause it to be raised to a height so specified; or

{b)

to cause such other means for remedying the cause of

complaint to be adopted as the court thinks fit.

(2) The court shall not make an order under this section unless

it

is

satisfied that the work to be done in pursuance of the order

need not involve an expenditure exceeding—

(a) in the case of a single private dwelling-house £500; and

(b) in any other case £1,500;

or, in any case, such greater sum as may be specified in an order

made by the Secretary of State by statutory instrument under

this

section.

(3) Any person who without reasonable excuse fails to comply

with an order made under this section shall be guilty of an offence

and liable on summary conviction to a fine not exceeding £50

and to a daily

fine

not exceeding £5.

(4) Unless the Secretary of State has granted scheduled monu-

ment consent under section 3 or 4 of the Ancient Monuments

and Archaeological Areas Act 1979 or listed building consent

1979

c.

46.

under section 55 of the Act of 1971 for the alteration of any

chimney in a scheduled monument or listed building no complaint

shall be made to a magistrates' court under this section in respect

of any chimney in such monument or building.

46 c. m

Humberside

Act

1982

PART V

—cont.

1961

C.

34.

1906

c.

14.

1974

c.

37.

1956

c.

52.

(5) This section does not apply to premises which are subject

to the Factories Act 1961 or the Alkali, &c. Works Regulation

Act 1906 or to such class of premises as may be prescribed for

the purposes of section

1

(1) (d) of the Health and Safety at Work

etc.

Act 1974.

(6) In this section " chimney of a building " has the meaning

given by section 34 of the Clean Air Act 1956.

Control of

rats

40.—(1) A district council may with the consent of the owner

and

mice.

or

oCCUp}er

0f

iarKi

take any steps for the destruction of rats

or mice on the land, or otherwise for keeping it free from rats or

mice, and recover from him any expenses reasonably incurred

by them in doing so.

(2) Expressions used in subsection (1) above and in the Preven-

1949

c.

55.

tion of Damage by Pests Act 1949 have the same meanings as in

that Act.

(3) Section 294 of the Act of 1936 (limitation of liability of

owners receiving rent as agent or trustee) shall apply to expanses

incurred under this section as if they were expenses incurred under

section 5 of the said Act of 1949.

Powers of

entry for

Prevention

of Damage

by Pests

Act 1949.

41.

Section 22 of the Prevention of Damage by Pests Act 1949

(powers of entry) shall have effect in a district as if after sub-

section (1) there were inserted the following subsections:—

"

(1A)

If it is shown to the satisfaction of a justice of the

peace on sworn information in writing—

(a) that admission to any land has been refused or that

refusal is apprehended; or

(b) that the land is unoccupied or that the occupier

is temporarily absent or that the case is one of

urgency or that an application for admission would

defeat the object of the entry;

and, in either case, that there is reasonable ground for entry

upon the land for any such purpose as is mentioned in

subsection (1) of this section the justice may by warrant

under his hand authorise the local authority by any person

duly authorised by them in writing to enter upon the land if

need be by force:

Provided that such a warrant shall not be issued unless

the justice is satisfied either that notice of the intention to

apply for a warrant has been given to the occupier or that

the circumstances are as mentioned in paragraph (6) of this

subsection.

Humberside

Act

1982

c. iii 47

(1B)

A person entering upon any land by virtue of the

foregoing provisions of this section or of a warrant issued

under this section may take with him such other persons as

may be necessary and on leaving any unoccupied land upon

which he has so entered shall leave it as effectually secured

against trespassers as he found it.

(lc) Every warrant issued under this section shall continue

in force until the purpose for which the entry is necessary

has been satisfied.".

42.—(1) As from the appointed day in any district a person Tattooists.

shall not in that district carry on the business of a tattooist

unless he is registered by the district council under this section

and he shall not carry on that business on premises occupied by

him unless the premises are so registered.

(2) On application for registration under this section the

district council shall register the applicant and, if the application

specifies premises, those premises, and shall issue to the applicant

a certificate of registration.

(3) The district council may make byelaws for the purpose of

securing—

(a) the cleanliness of premises required to be registered

under this section and of the instruments, towels,

materials and equipment used therein; and

(b) the cleanliness of persons employed in such premises in

regard to both themselves and their clothing.

(4) Any person who without reasonable excuse contravenes

subsection (1) above shall be guilty of an offence and liable on

summary conviction to a fine not exceeding £200.

(5) Any person who contravenes any byelaws made under

subsection (3) above shall be guilty of an offence and liable on

summary conviction to a fine not exceeding £50 and, if he is

registered under this section, the court by which he is convicted

may, instead of, or in addition to, imposing a fine, order the

suspension or cancellation of his registration and of the registra-

tion of the premises in which the offence was committed if they

are occupied by him.

. (6) A court ordering the suspension or cancellation of registra-

tion under subsection (5) above may suspend the operation of the

order until the expiration of the period prescribed under section 14

of the Courts Act 1971 for giving notice of appeal to the Crown

1971

c 23.

Court:

Provided that if notice of appeal is given within the said period

an order made under this subsection shall be suspended until

the appeal is

finally

determined or abandoned.

PART V

—cont.

48 c. iii

Humberside

Act

1982

PART

V

(7) Where the registration of any person is cancelled by order

—cont. 0f a court under subsection (5) above—

(a) he shall within 7 days deliver up to the district council

the cancelled certificate of registration, and if without

reasonable excuse he fails to do so, he shall be guilty

of an offence and liable on summary conviction to a

fine not exceeding £50 and to a daily fine not exceeding

£5;and

(b) he shall not again be registered by the district council

under this section except in pursuance of a further

order of a magistrates' court made on his application.

(8) The occupier of premises registered under this section shall

keep a copy of

the

byelaws made and of

the

certificate of registra-

tion of the premises issued under this section displayed in the

premises; and if without reasonable excuse he fails to do so he

shall be guilty of an offence and liable on summary conviction

to a

fine

not exceeding £50 and to a daily

fine

not exceeding £5.

(9) Nothing in this section shall extend to the practice of

tattooing by or under the supervision of a person who is a

registered medical practitioner or to premises on which the

practice of tattooing is carried on by or under the supervision of

such a person.

C.

Public order

and

public

safety

Control of 43.—(i) As from the appointed day in a district, section 29

demolitions. of the Act of 1961 (requirements on demolition of buildings)

shall have effect as if—

(a) for the words in subsection (3) preceding the proviso

there were substituted the following:—

" No person shall, without the consent of the local

authority, undertake demolition to which sub-

section (1) of this section

>plies

unless—

(a) a notice specifying the building and the works

of demolition intended to be carried out has

been given to the local authority, and

(b) the local authority have served on the person

undertaking the demolition a notice under

subsection (1) of this section or twenty-eight

days have elapsed since the giving of notice

under paragraph (a) of this subsection,

and a person contravening this subsection shall be

liable to a fine not exceeding £500";

Humberside

Act

1982

c. Hi

(b) after subsection (3) there were inserted the following

subsection:—

"

(3A)

More than one notice may be served under

subsection (1) of

this

section in respect of any demoli-

tion but a second or subsequent notice shall not

expressly or by implication contain a requirement

incompatible with

one

contained in

a

previous notice.";

(c) at the end of subsection (5) (b) there were inserted the

words " and to make good any damage to adjacent

premises ";

(d) for subsection (5)

(d)

and

(e)

there were substituted—

"(d) to disconnect and seal at such points as

the local authority may reasonably require

any sewer, drain or water or gas pipe in or

under the building

to

be demolished,

(e) to remove any such sewer, drain or water or

gas pipe and seal any sewer, drain or water or

gas pipe with which the sewer, drain or pipe

to be removed

is

connected,

";

(e) at the end of subsection (5) there were added—

"(g) to take such precautions as the local

authority may after consultation with the fire

authority reasonably require with regard to

the burning on the site of materials or rubbish

or of any structure,

(h) to maintain watch on the site at all times

during the course of the demolition;

(/) to make arrangements with the electricity

undertakers for the disconnection of the

supply of electricity to the building to be

demolished,

and with a view to preserving the safety and amenities

of the public in the vicinity of the demolition may

prescribe the manner in which, and the conditions

subject to which, the demolition is to be undertaken

and the condition in which the site is to be left on

completion.

(5A)

A notice served under subsection (1) of this

section within twenty-eight days after the giving of

notice under paragraph (a) of subsection (3) of this

section may also require part of the demolition to

be deferred, but not beyond the expiry of the period

for serving notice specified in subsection (4) of this

section.";

50 c. in

Humberside

Act

1982

PART V (/) in subsection (6) after the word " under " there were

—cont. inserted the words " paragraph (b), except so far as it

relates to the weatherproofing of surfaces, or ";

(g) in subsection (7) after the word " from " there were

inserted the letter " (a)" and at the end of the subsection

there were added—

"or

(b) any obligations with respect to the disconnec-

tion, removal or other alteration of a gas

pipe under any regulations having effect

1972

c.

60.

under section 31 of the Gas Act, 1972,

and nothing in this section shall be construed as

authorising any person to cut, alter or otherwise

interfere with any electric line or apparatus of any

statutory undertakers authorised to carry on an

electricity undertaking.";

(h) after subsection (7) there were inserted the following

subsection:—

"

(7A)

Where the local authority serve notice of a

requirement for the disconnection or removal of any

sewer or water or gas pipe belonging to, or maintained

or used by statutory undertakers, or in respect of the

disconnection of the supply of electricity they shall

send a copy of the notice, so far as it relates to that

requirement, to the statutory undertakers.";

(/) in subsection (9) at the beginning there were inserted the

words " Subject to subsection

(9A)

of this section" and

after that subsection there were inserted the following

subsection:—

"

(9A)

In relation to any requirement of a notice

under subsection (1) of this section requiring deferment

as provided in subsection (5A) of this section,

1936

c.

49.

section 290 of the Public Health Act 1936 shall have

effect subject to such modifications as are necessary

and to the insertion at the end of subsection (6) of

the

words' but

in

any proceedings for an offence under

this

subsection it shall be a defence for the person charged

to prove that he took all reasonable precautions and

exercised all due diligence to avoid the commission

of the offence'.";

and

(;') in subsection (10)

(b),

after the word " weatherproofed ",

there were inserted the words " or any damage to any

adjacent premises to be made good ", and at the end there

were added the words "or of making good that

damage ".

Humberside

Act

1982

c. Hi 51

(2) Section 29 of the Act of 1961 (except subsection (12) PART V

thereof which is spent) is set out in Schedule 3 to this Act, as that —com.

section has effect in accordance with subsection (1) above.

44.—(1) Where it appears to a district council that a building Protection

of

in their district is, by reason of damage to the building, not damaged

secured against entry by trespassers, the district council may do

bu,ldin8s-

such things in remedy of the damage as are reasonably required

to render the building secure and recover from the owner or

occupier the expenses reasonably incurred by them in so doing.

(2) The district council shall not exercise their powers under

subsection (1) above without the consent of

the

owner or occupier

of the building unless, having regard to all the circumstances, it

is

not reasonably practicable to communicate with him within a

reasonable time.

(3) Nothing in this section shall apply to premises to which

section 8 of the Act of 1976 applies (unoccupied houses subject

to closing orders or undertakings against use for human habita-

tion).

45.—(1) If it appears to a district council that any unoccupied Securing

building in the district is derelict and is not effectively secured unoccupied

against unauthorised entry and, by reason

thereof,

is a cause of 8S'

annoyance to the inhabitants of any part of the district, the district

council may, after giving to each person who is an owner of the

building not less than 48 hours' notice that they propose to do so,

do

such works in connection with the building as may be reason-

ably necessary for the purpose of preventing unauthorised entry

to

the building.

(2) This section does not apply to a building in respect of which

there is in force such an undertaking or closing order as is men-

tioned in section 8 of

the

Act of 1976.

(3) (a) Where the district council do any works in connection

with any building under subsection (1) above, they may recover

the expenses reasonably incurred in so doing from any person

on whom notice of the proposal to do those works was served

under that subsection.

{b)

In proceedings to recover expenses under this subsection

the court may inquire whether those expenses ought to be borne

wholly or in part by some person other than the defendant in the

proceedings and, subject as provided in paragraph (c) below, the

court may make such order concerning the expenses or their

apportionment as appears to the court to be just.

(c) The court shall not order the expenses or any part of them

to be borne—

(i) by any person other than the defendant in the proceedings

unless the court is satisfied that that other person has

had due notice of the proceedings and an opportunity

of

being

heard; or

52 c. iii

Humberside

Act

1982

PART V

—com.

Enforcement

of byelaws.

Enforcement

of section 51

of Public

Health Acts

Amendment

Act 1890.

1890 c. 59.

Dealers in

second-hand

goods.

(ii) by any person for whom the district council are, by

any statutory provision, required to provide housing

accommodation.

(4) (a) When a district council give notice under subsection (1)

above they shall at the same time send to the electricity board a

copy of the notice.

(b) Nothing in this section shall prejudice the rights of statutory

undertakers to enter upon a building in exercise of their statutory

powers in that behalf but, without prejudice to any other obliga-

tion or liability arising in respect of any entry in exercise of

statutory powers, any such undertakers, in exercising their powers

of entry in respect of any unoccupied building, shall ensure that

it is not left less secure against unauthorised entry by reason of

the exercise of those powers.

46.

Nothing in section 298 of the Act of 1936 (restriction on

right to prosecute) or any other enactment prohibits a constable

from taking proceedings in respect of an offence consisting of

a

breach of byelaws made by

a

local authority.

47.

A constable may take proceedings in respect of an offence

under section

51

of the Public Health Acts Amendment Act 1890

(music and dancing licences).

48.—(1) As from the appointed day in the county, a person

shall not in the county carry on the business of

a

dealer in second-

hand goods unless he is registered by the county council under

this

section or exempted from registration by, or by virtue of, sub-

section (7) below.

(2) On application for registration under this section the county

council shall register the applicant and issue to the applicant a

certificate of registration.

(3) Every person registered under this section shall, as respects

every

transaction under which he acquires any articles in the

course

of

his

business, enter, in a book kept by him for that purpose, the

date of the transaction, the quantity and description of the articles

and the name and address of the person from whom the articles

were

acquired.

(4) If any person contravenes subsection (1) or (3) above, he

shall be guilty of an offence and liable on summary conviction to

a

fine

not exceeding £200.

(5) The occupier of any premises used by a person registered

under this section for the purposes of the business in respect of

which he is so registered shall keep a copy of the certificate of

registration displayed in the premises, and, if without reasonable

excuse he fails to do so, he shall be guilty of an offence and liable

on summary conviction to a

fine

not exceeding £50 and to a daily

fine not exceeding

£5.

Humberside

Act

1982

c. Hi 53

(6) (a) A duly authorised officer of the county council, on PART

V

producing if so required a duly authenticated document showing —com.

his authority, or any constable, may at all reasonable times enter

upon, inspect and examine any premises which he has reasonable

cause to believe are used for or in connection with the business

of a dealer in second-hand goods and any book kept in accordance

with subsection (3) above, and may do all such things as are

reasonably necessary for the purpose of ascertaining whether

there is, or has been, in or in connection with the premises, a

contravention of the provisions of this section.

(b) Subsections (2), (3) and (4) of section 287 of

the

Act of 1936

shall apply in respect of entry to premises and the examination of

books

under this section as they apply to entry to premises for the

purposes of subsection (1) of that section and as so applied shall

have effect as if an authorised officer included a police constable.

(7) This section shall not apply

to—

(a) any person engaged in a business carried on by a group,

organisation or body which

is

registered

as

a charity under

section 4 of the Charities Act 1960 or excepted from

1960

c.

58.

registration by virtue of subsection (4) of that section; or

(b) a person in respect of whom particulars are registered

under the Scrap Metal Dealers Act

1964

in respect of

his 1964

c.

69.

business as a scrap metal dealer; or

(c) a person engaged in business as a dealer in waste paper,

cardboard, textiles or plastics in bulk in respect of his

business as such; or

(d) a person engaged in a business of which the primary

purpose is

the

supply of new unused goods and

to

which the

supply of second-hand or used goods

is merely

incidental;

or

(e) a person engaged in the business either of financing the

acquisition of goods by means of hire purchase agree-

ments, conditional sale agreements or credit sale

agreements (as defined in section

189

(1) of the Consumer

Credit Act 1974) or of financing the use of goods by

1974

c.

39.

means of bailment agreements, in respect of any such

business or any transaction incidental thereto;

and

for the purposes of this section a person is not to be treated as

carrying on the business of a dealer in second-hand goods merely

because occasionally he enters into transactions belonging to a

business of that sort.

49.—(1) A district council may designate, in accordance with Touting,

subsection (5) below, any of the following places, or any part of

hJJ*}1*

hin

etc.

c. iii

Humberside

Act

1982

such places, in the district as places to which this section applies

for any of the purposes of subsection (2) below:—

(a) a public off-street car park, recreation ground, garden or

other park, pleasure ground or open space under the

management and control of a local authority;

(b) a street or esplanade, parade, promenade, marine drive or

way to which the public commonly have access, whether

or not

as

of right;

(c) the seashore:

Provided that

the

district council shall not designate—

(i) for the purpose of subsection (2) (b) below, any street

which is a licensed traders' street or a prohibited street

under Part IV (Street trading) or any highway specified

in a control order under section 7 of

the

Act of

1976;

or

(ii) for the purpose of subsection (2) (c) (ii) below, any

street.

(2) Any person who, in a place designated under this section-

fa) gives reasonable cause for annoyance to any person by

touting for a hotel, lodging house, restaurant or other

place of refreshment, for a shop, for a theatre or other

place of amusement or recreation, for a hackney carriage,

public service vehicle or other conveyance or for a ship

or boat; or

(b) without the consent of

the

district council or in breach

of

any condition subject to which the council's consent is

given, hawks, sells or offers or exposes for sale any thing;

or

(c) without the consent of the district council or in breach

of any condition subject to which the council's consent

is given—

(i) photographs any person by way of trade or

business; or

(ii) offers or exposes for hire any vehicle, chair or

seat or any animal to ride;

shall be guilty of an offence and liable on summary conviction

to a fine not exceeding £200.

(3) The conditions of consent referred to in subsection (2)

(b)

and (c) above include conditions as to the times or period for

which the consent is valid and the payment for the consent of

such reasonable fee to cover the expense of the district council

in dealing with applications for such consents as the council

may

by resolution prescribe; and, subject to any condition as to the

period for which the consent is valid, any such consent may

be

revoked by notice to the person to whom the consent was given.

Humberside

Act

1982

c. iii

(4) A person aggrieved by—

(a) the withholding by the district council of consent referred

to in subsection (2)

(b)

or (c) above;

(b) the conditions subject to which the council give such

consent; or

(c) the revocation of such consent under subsection (3)

above;

may appeal to a magistrates' court which may dismiss or allow

the appeal or may vary any conditions imposed by the council.

(5) (a) Before designating any place for any of the purposes

of subsection (2) above the district council shall give notice of

their proposal by advertisement in a newspaper circulating in the

district, and by posting a copy of

the

notice in the places to which

it relates, stating that objections to the proposal may be made

to the proper officer of the council within a time, not less than

28

days after the giving of the notice, specified in the notice.

{b)

After taking into consideration any objections made in

accordance with paragraph

{a)

above, the district council may by

resolution designate, as places to which this section applies for

any of the purposes of subsection (2) above, all or any, or any

part, of the places specified in the notice given under that

paragraph.

(6) A resolution under subsection (5)

(b)

above shall come into

force on such day as shall be specified by a notice given in the

same manner as a notice given under subsection (5) (a), above,

being a day not less than 28 days after the day on which notice

is

given under this subsection.

(7) This section shall not prohibit—

(a) the doing of anything on land by the owner or occupier

of the land, or by any person with the consent of the

owner or occupier, or the doing of anything on land

forming part of a highway by the owner or occupier

of land fronting that part;

(b) the selling or offering or exposing for sale of any thing to

persons on premises fronting on, or adjacent to, a place

designated under this section, whether on those premises

or in that part of any highway on which the premises

front or to which they are adjacent;

(c) the taking of a photograph for the purpose of making it

available for publication in a newspaper or periodical

if

the

photographer is employed as such by or on behalf

of the owner or publisher of a newspaper or periodical

or carries on a business which consists in, or includes,

selling or supplying photographs for such publication;

56 c. iii

Humberside

Act

1982

PARTV

and the district council shall not withhold their consent under

—cont. subsection (2) (b) above to the selling or offering or exposing for

sale by any person of newspapers and periodicals except on the

ground that their consent has already been given to a sufficient

number of other persons.

(8) Before giving consent under this section to the hawking,

selling or offering or exposing for sale of any thing in a highway,

the district council shall consult the highway authority.

D.

Land and open spaces

Extension of SO. Section 126 of the Housing Act 1974 shall have effect in

section 126 the county as if__

of Housing J

Act

1974.

(a) for subsection (1) (which applies that section to the case

1974

c

44.

where a principal council and a person having an

interest in land in their area become parties to an

instrument under seal executed for the purpose of

securing the carrying out of works on that land or of

facilitating the development of that land or of other

land

in which that person has an interest) there were

substituted the following subsection:—

" (1) The provisions of this section shall apply

if a principal council (in the exercise of their powers

1972

c.

70.

under section 111 of the Local Government Act 1972

or otherwise) and a person having an interest in

land in their area become parties to an instrument

under seal which—

(a) is executed for the purpose of securing the

carrying out of works on, or facilitating the

development of, that land or otherwise in

connection with that land; or

(b) is executed for the purpose of facilitating

the development of other land in which that

person has an interest; or

(c) (whether or not falling within paragraphs

{a)

or

(b)

above) grants any right to that person

over other land in that area.";

(b) in paragraph (a) of subsection (2) (which deals with

the

case where the instrument contains a covenant on the

part of that person to carry out any

works

or do any

other

thing in relation to that land) the words from "

being

a covenant" to " that land " were omitted;

(c) in subsection (3) (breach of covenant) the words from

" as a result" to " on or " were omitted and after

the word " done " in paragraph (a) there were inserted

the words " or to remedy anything which the covenant

requires not to be done ".

Humberside

Act

1982

c. iii 57

51.—(1) In the interests of persons resorting to any open space

PART

V

under their management and control a local authority may set —com.

apart an area (not exceeding the prescribed area) of the open space Provision of

for use for the parking of vehicles and provide parking places Parkin8

P,aces

and facilities in connection therewith. m parks'etc-

(2) Subsection (1) above shall not affect any trust, covenant or

other restriction to which the open space is subject.

(3) 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.

(4) In this section " the prescribed area " means—

(a) where the total area of the open space does not exceed

4 hectares, one-eighth of that area;

(b) where such area exceeds 4 hectares but does not exceed

6 hectares, one-half hectare;

(c) in any other case, one-twelfth of such area.

52.—(1) A district council may by notice prohibit, either

Grass

verges,

entirely or at such times or on such days as may be specified in

etc.

the

notice, any of the following things:—

(a) allowing horses or cattle to enter land to which this

section applies;

(6) driving or riding a vehicle on such land;

(c) using any equipment provided on such land:

Provided that in the case of such prohibition as is mentioned

in paragraph (e) above the district council may exempt a child

under such age as may be specified in the notice in respect of

that paragraph and may similarly exempt any other person who

is in

charge of

such

a child while the child is on the land.

(2) The land to which this section applies is—

(a) land vested in the district council and laid out as a

public garden or used for

the

purpose of

public

recreation,

or a disused burial ground provided by the council and

maintained as a public garden or for those purposes or as

a disused burial ground, as the

case may

be;

(b) other land vested in the district council and mown or

otherwise maintained in an ornamental condition;

(c) land vested in a person other than the district council

and laid out, used, mown or maintained as aforesaid:

Provided that notice shall not be given in respect of land such

as is mentioned in paragraph (c) above, except with the consent

of

the

person concerned or his representatives.

58 c. in

Humberside

Act

1982

PARTV

—cont.

1967 c. 76.

Prohibition

of vehicles

on certain

vacant land.

(3)

A

prohibition under subsection

(1) (b) above shall

not extend

to going on foot or on or in a vehicle—

(a) in the course of building operations; or

(b) by statutory undertakers or the British Railways Board

where reasonably necessary for the exercise of their

statutory powers:

Provided that the exemption afforded by paragraph (a) above

shall be conditional upon means being taken to the satisfaction of

the district council to minimise injury to the land and to protect

persons on the land.

(4) For the purposes of this section notice shall be given by

displaying it

in

a conspicuous position on or near the land to which

it relates.

(5) Notice of a prohibition contained in subsection (1)

(b)

above

if it relates to a grass verge forming part of or adjoining a highway

used by motor vehicles (as defined in section 99 of the Road

Traffic Regulation Act 1967) shall be indicated by a traffic sign

and subsection (1) of section 55 of

the

said Act of 1967 shall have

effect as respects the erection and display of the notice by the

district council.

(6) A person who without reasonable excuse contravenes the

notice shall be guilty of

an

offence and liable on summary convic-

tion to a fine not exceeding £50.

(7) Where land to which a prohibition contained in subsection

(I)

(a)

or

(b)

above applies forms part of a highway, the rights of

the public over the highway, except rights of grazing horses and

cattle, shall be subject to the prohibition; but, subject

as

aforesaid,

nothing in this section shall—

(a) limit any right of

way,

public or private, over land;

(b) restrict the exercise by any person of any statutory right

to enter upon land;

(c) restrict the entry by horses or cattle on any grass or other

margin provided by a highway authority in pursuance

of section

71

of

the

Act of

1980

(provision of margins for

horses and livestock).

53.—(1) Subject to subsection (2) below, a district council may

by notice prohibit persons, either entirely or at such times or on

such days as may be specified in the notice, from driving a

mechanically propelled vehicle on to any vacant land accessible

from a highway.

(2) A council shall not without the consent of

the

owner give a

notice under subsection (1) above in respect of land not vested in

them.

(3) For the purposes of this section notice shall be given by

displaying it in a conspicuous position on or near the land to

which it relates.

Humberside

Act

1982

c. Hi 59

(4) A person who without reasonable excuse contravenes the

PART

V

notice shall be guilty of an offence and liable on summary con- —com.

viction to a fine not exceeding £50.

(5) A prohibition under this section shall cease to have effect

after six months, or such longer period as the council may by

resolution prescribe, after the date when the notice referred to in

subsection (1) above was first displayed.

E.

Finance

54.—(1) A local authority may enter into a contract with any Insurance

authorised insurers whereby, in consideration of payments made of

certain

by way of premium or otherwise by the local authority, those vol.unta'7

insurers undertake to pay to the local authority such sums as

may be provided in the contract in the event of any voluntary

assistant meeting with a personal accident, whether fatal or not,

while he is engaged as such, or suffering any disease or sickness,

whether fatal or not, as a result of being so engaged.

(2) Any sum received by the local authority under any such

contract shall, after deduction of any expenses incurred in the

recovery

thereof,

be paid by the local authority to, or to the

personal representatives of, the voluntary assistant who suffered

the accident, disease or sickness in respect of which the sum is

received or to such other person as the local authority consider

appropriate having regard to the circumstances of the case.

(3) The provisions of the Life Assurance Act 1774 shall not

1774

c.

48.

apply to any such contract, but any such contract shall be deemed

for the purposes of the Insurance Companies Act 1974 to be a

1974

c.

49.

policy of insurance upon the happening of personal accidents,

disease or sickness.

(4) In this section—

"authorised insurers" means a person who is permitted

under the Insurance Companies Act 1974 to carry on in

Great Britain or in Northern Ireland insurance business

of a relevant class or who has corresponding permission

under the law of another member state;

" voluntary assistant" means a person who, at the request

of the local authority, or a proper officer of the local

authority, performs any service or does anything,

otherwise than for payment by the local authority

(except by way of reimbursement of expenses), for the

purposes of, or in connection with, the carrying out of

any of the functions of the local authority.

F.

Public service vehicles

55.

Notwithstanding the repeal by this Act of section 47 Power to run

(Power to provide and run omnibuses) of the Grimsby Corpora-

P£efvlce

tion Act

1927

and section

31

(Power to provide and run omnibuses) j

of the Cleethorpes Urban District Council Act 1928, the Great J™ £ •

60 c. iii

HumbersUk

Act

1982

Interpretation

of Part VI.

1976

c.

70.

PART

V

Grimsby Borough Council and the Cleethorpes Borough Council

—com.

shall each continue to be a local authority authorised to run public

1930

c.

43.

service vehicles under Part V of

the

Road Traffic Act 1930 (which

authorises the running of public service vehicles by local

authorities).

PART

VI

BEVERLEY

PROVISIONS

Preliminary

56. In this Part—

" banks " has the meaning given by section 116 of the Land

Drainage Act 1976;

" the beck" means the Beverley Beck for its whole length;

" the Beverley Council" means the East Yorkshire Borough

of Beverley Borough Council;

"the borough" means the East Yorkshire Borough of

Beverley;

"master" means, in relation to any vessel, the person

(whether or not the owner) for the time being having

command or charge of

the

vessel;

" the river " means that length of the river Hull which lies

within the borough south of the confluence with the

Aike Beck;

" vessel" includes any description of water craft used or

capable of being used as a means of transportation on

water, including a seaplane and a hovercraft as defined

1968

c

59.

in the Hovercraft Act 1968;

"the waterways" means the beck and the river, and

" waterway " means either the beck or the river.

Beverley Beck

Maintenance 57.—(1) The Beverley Council may maintain and improve

of

beck.

the beck and for that purpose may deepen, dredge and scour

and cleanse the beck and remove obstructions from the bed and

banks of the beck.

(2) The powers conferred upon the Beverley Council by this

section may be exercised notwithstanding temporary interference

with public rights of navigation.

58.

The Beverley Council may—

(1) construct, improve and maintain—

(a) staithes, wharves and locks on the beck; and

(b) staithes and wharves on the river;

(2) lay down, maintain and use moorings in either of the

waterways or on the banks thereof on land owned by or

leased to the Beverley Council or in which they have a

sufficient interest and on other land with the consent of

the owner or lessee of such land;

General

powers in

relation to the

waterways.

Humberside

Act

1982._

. c. iii 61

(3) construct, lay out, equip and maintain all such works,

PART

VI

buildings and facilities, maintain and improve those —cont.

which for the time being exist, provide all such equip-

ment and services and do all such other acts or things

as they may think necessary or expedient.

59.—(1) The Beverley Council may make byelaws in relation Byelaws

to the waterways for any matter falling within their functions in8*10

respect

thereof,

for the purposes of recreation and the occupation waterways«

of leisure thereon and for controlling the navigation thereon and

in particular, but without prejudice to the generality of those

powers, for all or any of the following purposes:—

(a) to secure the conservation and improvement of the

waterways and their amenities for the purposes of

recreation and the occupation of leisure and to promote

the ease, convenience and safety of navigation;

(b) to regulate vessels on the beck and their launching on or

entry into, departure from and movement on the beck;

(c) to prescribe the speed of

vessels

on the waterways;

(d) to prescribe in respect of the beck—

(i) where vessels or a specified class of vessels may

not moor, anchor or be otherwise secured;

(ii) which vessels of a specified class may not enter;

(iii) where activities of a specified type may not be

carried on or may only be carried on in accordance

with specified conditions;

(e) to prescribe periods (including days and parts of a day)

when vessels of a specified class or description may not

navigate the whole or part of the beck;

(/) with a view to ensuring the safety of passengers in

vessels on the beck and of other vessels or persons using

the beck, to prescribe standards for any engines, appli-

ances,

fittings

or equipment in such vessels, and to make

provision with regard to the use and operation of such

vessels, engines, appliances, fittings and equipment and,

without prejudice to the generality of the foregoing—

(i) to make provision with regard to the con-

struction, maintenance and use of

engines

used for the

propulsion of powered boats and with regard to the

storage and supply of fuel for such engines;

(ii) to require the provision of effective fire

extinguishers;

(iii) to regulate appliances for cooking, heating,

lighting or refrigeration, and the storage and supply of

fuel for such appliances;

62 c. iii Humberside Act 1982

PART

VI

(g) to regulate the laying down, maintenance and use of

—com.

moorings in the beck, or in the river on land owned by

the Beverley Council;

(h) to prevent the misuse of and damage to the bed and banks

of a waterway and to regulate the use of and to prevent

the misuse of and damage to services, locks, landing

places and other facilities (including moorings) provided

by the Beverley Council in or adjoining a waterway;

(/) to promote the safety of persons on the banks of the

waterways, including the provision of life-saving equip-

ment, and the safety of vessels on the beck;

0') to prescribe a minimum age for persons to be master of or

wholly in charge of the navigation of a powered boat

or any class or description of powered boat on the

beck;

(/c) to regulate the conduct of persons using the bsck or its

banks whether for business, recreation or any other

purposes;

(/) for the preservation of flora and fauna in, or on the

banks of, a waterway.

(2) Different byelaws may be made under this section in

relation to either waterway and to different classes of vessels

navigating or using either waterway.

(3) (a) No byelaw made under this section shall render un-

lawful the doing on private land outside a waterway of any act

by, or with the lawful authority of, the owner or occupier which

does not injure or endanger any person lawfully using a waterway

or enjoying the amenities

thereof.

(b) In this subsection " private land " means any land other

than land to which the public has access (whether as of right or

by express or implied permission).

(4) If any person contravenes any byelaws made by virtue of

this section he shall be guilty of an offence and liable on summary

conviction to a fine not exceeding £50; and if the contravention is

continued after the conviction, he shall be guilty of a further

offence and liable on summary conviction to a fine not exceeding

£5 for each day on which it is so continued.

(5) Nothing in any byelaw made under this section shall

prejudice or affect the operation of the relevant statutory provisions

as defined in section 53 of the Health and Safety at Work etc. Act

1974

c

37.

1974.

(6) No byelaw made under this section in relation to the river

shall conflict or interfere with the operation of any byelaw made

by the Yorkshire Water Authority.

Humberside

Act

1982

c. iii 63

(7) In this section " powered boat" means a vessel which is

PART

VI

mechanically propelled. —cont.

60.

The Beverley Council may demand, take and recover such Charges.

reasonable charges as they may determine in respect of—

(1) any vessel entering or using the beck or the river in order

to load or unload any goods at or in any part of, or at any

place along the beck or the river;

(2) goods loaded or unloaded at or in any part of, or at any

place along, the beck or the river;

(3) any services or facilities provided by them or on their

behalf in connection with a waterway.

61.

Charges shall be payable subject to such conditions as the Conditions

Beverley Council may specify in their published list of charges

relatin8t0

including any condition that charges or particular charges shall

charees.

°

be

deemed not to have been paid unless there is affixed to such part

of the vessel in respect of which the charge has been remitted as

may be so specified, such mark or notice as may be supplied by

the Beverley Council as evidence of payment.

62.—(1) The several charges which the Beverley Council are

As

to

for the time being authorised to demand, take and recover in Payment of

respect of

vessels

and goods under any enactment shall be payable c iarges-

before the removal from a waterway of any vessel or goods in

respect of which they are payable, and may be demanded, taken

or recovered by such persons, at such places, at such times and

under such regulations as the Beverley Council may from time to

time appoint and make.

(2) Charges payable to the Beverley Council shall be payable

by the

owner or other person having charge of any vessel or goods

in relation to which the charges are payable.

(3) Where charges payable to the Beverley Council may be

recovered by them from more than one person, the said persons

shall be jointly and severally liable.

63.

If the owner of any vessel or goods shall at any time Penalty for

avoid, or attempt to avoid, payment of or wrongfully refuse to e™^t of

pay any charges payable by such owner to the Beverley Council charges.

at the time when the same shall become due and payable, he shall

be liable to pay to the Beverley Council a sum of £15 or a sum

equal to three times the amount of such charges (whichever shall

be

the greater), which sum shall be a civil debt due to the Beverley

Council.

64.

The Beverley Council may, if they think fit, require any Deposit for

person who is, or may become liable to pay charges to thecharses-

64 c. iii

Humberside

Act

1982

Power to

enter vessels.

PART

VI

Beverley Council, to deposit with their collector, or to guarantee

—com.

such sum as, in the opinion of the Beverley Council is reasonable

„ having regard to the probable amount of the charges.

65.

Any duly authorised officer of the Beverley Council on

producing, if

so

required, a duly authenticated document showing

his authority, may at any reasonable time enter upon any vessel

moored or anchored at any point on a waterway and inspect any

documents held by the master relating to the cargo being conveyed

by that vessel.

Miscellaneous

Extinguish- 66. All rights and obligations in or relating to the franchise of

merit of ferry the

ferrv

0f the Beverley Council across the river between Grove-

ng ts' hill and Tickton in the borough are hereby extinguished.

Powers as to

markets and

fairs.

67.—(1) In this section—

" the fairs " means—

(a) the fairs held in the borough by virtue of a

charter granted by His late Majesty King John in the

year 1200;

(b) the fairs held in the borough by virtue of a

charter granted by His late Majesty King Edward II

in the year 1318;

(c) the fair held in the borough by virtue of a charter

granted by His late Majesty King James II in the year

1685;

" the markets" means—

(a) the market held in the borough by virtue of a

charter granted by His late Majesty King John in the

year 1199;

(b) the market held in the borough by virtue of a

charter granted by His late Majesty King Edward II

in the year 1318; and

(c) the market held in the borough by virtue of a

charter granted by His late Majesty King James II

in the year 1685.

(2) The Beverley Council may by resolution—

{a) appoint the days on which and the hours during which

the markets or fairs are to be or may be held;

(b) designate the places in which the markets or fairs are to

be or may be held and prescribe the placing of

stalls

and

standings and the parking of vehicles.

(3) The proper officer of

the

Beverley Council shall be the clerk

of the market last mentioned

in

subsection (1) above.

Humberside

Act

1982

c. Hi 65

(4) Any person contravening the requirements of a resolution

PART

VI

passed in accordance with subsection (2) above shall be guilty of

—COM.

an offence and liable on summary conviction to a

fine

not exceeding

£50.

PART

VII

CLEETHORPES

PROVISIONS

68.

In this Part- Interpretation

"the borough" means the borough of Cleethorpes; of

Part

vn.

"the Cleethorpes Council" means the Cleethorpes Borough

Council;

"the seashore" means the seashore in the borough and

includes the foreshore and all the beach and sands in the

borough.

69.—(1) The Cleethorpes Council may, if they think fit, make Weighing

available for the use of other persons any weighing machine which equipment.

the Cleethorpes Council provide on land held by them and which

is used for or in connection with the exercise of any of their

functions.

(2) The Cleethorpes Council may make reasonable charges for

the use of any such weighing machine.

(3) The Cleethorpes Council shall not allow the use of any such

weighing machine so as to obstruct the access to or exit from any

station or depot of the British Railways Board or of any passenger

road transport undertaker or the landing steps and slipway

referred to in subsection (3) of section

72

(Powers in relation to sea

wall) of this Act.

70.—(1) If any person

digs

for on, or takes from, the seashore— Control of

(a) any sand, gravel, shingle, rock, soil or other material; or or8removal

(b) lugworms or any other form of

fishing

bait; of

sand,

bait,

without the consent of the Cleethorpes Council he shall be guilty etc. from

of an offence and liable on summary conviction to a fine notseas ore'

exceeding £200:

Provided that this section shall not apply to the digging for on,

or the taking from, any land forming part of the seashore of any

such material or bait by or with the consent of the owner or

leaseholder of such land.

(2) A consent granted by the Cleethorpes Council for the pur-

poses of this section may be granted either unconditionally or

subject to conditions including the payment for the consent of such

reasonable fee to cover the expense of the council in dealing with

applications for such consents as the council may by resolution

prescribe.

66 c. in

Humberside

Act

1982

PART VII

—cont.

1949 c. 74.

(3) Subsection (1) (a) above shall not apply to any area of the

seashore in relation to which an order is for the time being in

force under section 18 of the Coast Protection Act 1949.

Publication

of weather

reports.

Powers in

relation to

sea wall.

1902 c. cliv.

71.—(1) The Cleethorpes Council may provide and maintain

barometrical and other instruments for recording the state of the

weather and may take all necessary steps for making and publish-

ing weather reports and statistics.

(2) The Cleethorpes Council may make reasonable charges for

copies of such reports and statistics.

72.—(1) In this section " the sea wall" means the sea wall and

embankment with slips comprised in Work No. 1 authorised by

the Cleethorpes Improvement Act 1902.

(2) The Cleethorpes Council may construct such improvements

of and additions to the sea wall as they may deem necessary.

(3) The Cleethorpes Council shall maintain in manner to be

reasonably approved

by

the

docks

board

the three

flights

of landing

steps and the slipway for vehicles on the face of the sea wall.

(4) The Cleethorpes Council shall at their own expense remove

all deposits of shells, rubbish or other material deposited on the

foreshore if not removed pursuant to any byelaw and in case the

Cleethorpes Council fail to do so the docks board may themselves

remove the same and recover the reasonable cost of

so

doing from

the Cleethorpes

Council.

.

Byelaws as to

Cleethorpes

Pier.

73.—(1) The Cleethorpes Council may make byelaws in relation

to the pier—

(a) prohibiting the use, navigation or mooring of pleasure

vessels within a distance not exceeding 100 metres from

any part of the pier;

(b) prohibiting any pleasure vessel from anchoring, mooring

or passing under the pier;

subject to such exemptions as may be prescribed by the byelaws.

(2) Byelaws made under this section may—

(a) relate to all pleasure vessels or to a class of pleasure

vessels and to particular periods of time;

(6) empower the Cleethorpes Council to confer exemptions

from any of the byelaws on being satisfied as to arrange-

ments made in relation to a particular vessel or type of

activity.

Humberside

Act

1982

c. iii 67

(3) In this section—

PART

VII

" the pier " means Cleethorpes Promenade Pier authorised ~cont-

by the Cleethorpes Promenade Pier Order 1867 and the

1867

c.

61.

Cleethorpes Pier Act 1873;

1873

c.

lx.

" pleasure vessel" means any vessel which is used for the

purposes of pleasure.

74.—(1) As from the appointed day— Registration

(a) no person shall for private gain sell, offer or expose for foocTInd^heir

sale in the borough any food from a stall or container premises.

unless he is registered by the Cleethorpes Council;

(b) no premises in the borough shall be used as storage

accommodation for food intended for sale for private

gain from a stall or container unless the premises are

registered by the Cleethorpes Council.

(2) Any person contravening subsection (1) above shall be

guilty of an offence and liable on summary conviction to a fine

not exceeding £200.

(3) (a) An application for a person to be registered under this

section shall be made by himself and an application for premises

to be so registered shall be made by the owner or occupier or

intending owner or occupier

thereof.

(b) Any such application shall be accompanied by such parti-

culars as to the applicant or the premises, as the case may be,

and

otherwise, as the Cleethorpes Council may reasonably require,

including particulars as to any vehicle, receptacle or stand to be

used by the applicant.

(c) On application for registration under this section the

Cleethorpes Council shall register the applicant and, if the

application specifies premises, those premises, and shall issue to

the applicant a certificate of registration.

(4) The Cleethorpes Council shall keep a register of

the

persons

and premises registered under this section.

(5) This section shall not apply to—

(a) the sale or offer or exposure for sale of food by a person

in an open shop, or to the use by any person in

connection with such a shop, of any premises as storage

accommodation for food intended for sale;

(b) the sale or offer or exposure for sale of food by a dairyman

registered under regulations in force under Part II of

the Food and Drugs Act 1955, or having effect by virtue

1955

c.

16

of section 136 (2) of and Schedule 12 to that Act as if

(4 & 5

Eliz.

2).

they had been made under the said Part II or to any

dairy so registered;

68 c. Hi

Humberside

Act

1982

PARTVII

—cont.

1955 c. 16

(4&5EHZ.2).

(c) the sale or offer or exposure for sale of food by any

person at any market owned by a district council or at

any charter, prescriptive or statutory market not so

owned for which such person has paid a toll, stallage or

rent, or to the use of any premises in any such market as

storage accommodation for food intended for sale by

any such person at such market;

(d) any premises registered under section 16 of

the

Food and

Drugs Act 1955 or used as a theatre, cinematograph

theatre, music hall or concert hall or used as a canteen or

refreshment room in or in connection with and for

persons employed at, a place of work, or to any person

in respect of the sale or offer or exposure for sale of

any food in any such premises;

(e) the sale or offer or exposure for sale from land used for

agriculture or horticulture of the produce of that land;

(/) the sale or offer or exposure for sale of food contained

in containers of such materials and so closed as to

exclude all risk of contamination.

(6) In this section—

"container" includes any basket, pail, tray, box or other

receptacle of any kind, whether open or closed;

" premises " means a building or part of a building and any

forecourt, yard or place of storage used in connection

with the building;

" stall " includes any stand, mobile canteen, vehicle (whether

movable or not) or barrow from which food is sold.

Interpretation

of Part VIII.

PART VIII

GREAT GRIMSBY PROVISIONS

75.

In this Part—

" the borough " means the borough of Great Grimsby;

" the Great Grimsby Council" means the Great Grimsby

Borough Council;

" the river " means so much of the river Freshney in the

borough as lies between West Haven and the bridge

carrying Boulevard Avenue over the said river;

" the River Head " means so much of Grimsby Haven in

the borough as lies between Victoria Street and an

imaginary straight line drawn in an easterly direction and

forming a continuation of the line of the former highway

known as West Dock Street;

Humberside

Act

1982

c. Hi 69

" the West Haven " means so much of Grimsby Haven in

PART

VIII

the borough as lies between the bridge carrying —cont.

Flottergate over the river Freshney and an imaginary

straight line drawn in a northerly direction and forming

a continuation of the line of the western boundary of

the former highway known as South Dock Street.

76.—(1) Notwithstanding anything in

the

Manchester, Sheffield, Exclusion

and Lincolnshire Railway Act 1849 or any other enactment— of

public

and

..... private rights

(a) no part of any land adjoining or abutting on the River to

use

quays,

Head or West Haven belonging to the Great Grimsby etc.

Council, whether acquired before or after the commence-1849

c.

ixxxi.

ment of this Act; and

(b) no part of any of the wharves;

shall be a public quay, wharf or landing place, neither shall any

part of the said land or any part of the wharves be subject to any

private rights for the purpose of loading or unloading goods,

wares or merchandise.

(2) In this section " the wharves " means the three wharves in

the borough belonging to the Great Grimsby Council and known

respectively as Ranter's

Wharf,

Freeport Wharf and Lower

Staithe

Wharf,

but does not include the highway known as

Ranter's

Wharf.

77.

The provisions of section 8 of the Countryside Act 1968 Provision of

(sailing, boating, bathing and fishing facilities in waterways in recreational

country parks) shall extend and apply to the River Head, the West cerSinplaces

Haven and the river as if they were a waterway comprised in a 196g c 41

country park provided by the Great Grimsby Council under the

said Act of 1968.

78.

The Great Grimsby Council may exercise in regard to

Use

of

lands

any

lands or waters in or adjoining or abutting on the River Head, as public

the West Haven or the river acquired by them, whether before or

walks>etc-

after the commencement of this Act, all or any of the rights and

powers of a local authority under or in pursuance of the Public

Health

Acts

in relation

to

public

walks,

parks and pleasure grounds

but the Great Grimsby Council shall not in the exercise of those

powers and rights construct or permit the construction of any

buildings or works in, over or under the River Head or the

West Haven except subject to and

in

accordance

with the

provisions

of section 29 of the Land Drainage Act 1976.

1976

c 70.

79.—(1) In this section— MobiIe s*alls.

etc

" mobile stall" means-

Co)

any

van,

cart, motor

car,

trailer

or

other vehicle;

or

c. iii

Humberside

Act

1982

(b) any boat, barge or other vessel moored in the

River Head, the West Haven or the river;

intended or adapted for use for the purpose of serving

refreshments;

"refreshments" means any food or drink intended for

immediate consumption but does not include ice-cream,

water ice or any similar commodity.

(2) (a) No person shall, without the consent of the Great

Grimsby Council sell or offer for sale any refreshments from a

mobile stall in any street in the borough or in the River Head,

the West Haven or the river between the hours of 10.00 p.m. and

8.00 a.m.

(6) The Great Grimsby Council may refuse their consent under

this subsection if they are satisfied that the sale or offer for sale

of refreshments from

a

mobile stall between the hours of 10.00 p.m.

and 8.00 a.m. or the behaviour of

persons

resorting thereto during

that period, is likely to cause annoyance to the occupiers of

properties in the vicinity or members of the public; and in giving

a consent the Great Grimsby Council may impose such reasonable

terms and conditions relating to the situation of, and the conduct

of the business at, the mobile stall between the hours of

10.00

p.m.

and 8.00 a.m. as they may think fit, but shall not impose any term

or condition which requires the payment of money.

(c) If the Great Grimsby Council refuse consent, they shall

within 7 days from the date of their decision give to the person

applying for the consent a statement of the grounds upon which

their decision was based.

(3) The Great Grimsby Council may at any time revoke, as

from such date as they may specify (being a date not earlier than

7 days from the date of service of notice of the revocation upon

the person to whom the consent was given), any consent given

under subsection (2) above if they are satisfied that the sale or

offer for sale of refreshments from a mobile stall, between

10.00 p.m. and 8.00 a.m. or the behaviour of persons resorting

thereto during that period, has caused and is likely to continue

to cause annoyance to the occupiers of adjacent properties or

members of the public or if any term or condition imposed

under subsection (2) above has not been complied with.

(4) Any person aggrieved by the refusal of the Great Grimsby

Council to give their consent under this section, or by any term

or condition attached to such consent, or by the revocation of

such consent, may within

21

days from the date of such refusal or

revocation, or from the imposition of any term or condition,

appeal to a magistrates' court.

(5)

Any

person

who

contravenes any of the foregoing provisions

of this section shall be guilty of an offence and liable on summary

conviction to a fine not exceeding £200.

Hxanberside

Act

1982

c. iii 71

80.—(1) In this section— PART vm

" the Grimsby Eleemosynary Charities " means the charities —cont.

administered together and comprising the Charity of Grea* Grimsby

Anthony Acham, the Charity of Michael Spencer, the Charities-

Charity of Hammond Greathead, the Elizabeth Beels

Charity, the Charity of Frederick Fields Lord and the

John William and Florence Louisa Tuxworth Fund;

"the Mayor of Grimsby's Fund" means the registered

charity established by the 1978 deed;

"the Mayor of Grimsby's Christmas Fund" means the

registered charity of that name which was established

by the former Grimsby County Borough Council and

the capital and income of which have already been

transferred to the Mayor of Grimsby's Fund;

" the 1978 deed " means the deed dated 3rd January 1978

and made between the Grimsby Borough Council and

the persons named therein as trustees.

(2) On the coming into operation of this Act—

(a) the Mayor of Grimsby's Fund shall be known as the

" Mayor of Great Grimsby's Fund " and the deed by

which it was established and the scheme under which it

is administered shall be read accordingly;

(b) the funds of the Grimsby Eleemosynary Charities shall

be paid or transferred to the Mayor of Great Grimsby's

Fund and shall be held by the trustees of such fund upon

the trusts

thereof;

(c) the investment specified in Schedule 4 to this Act (being

the permanent endowment of the Grimsby Eleemosynary

Charities) or any subsequent re-investment thereof shall

become the permanent endowment of the Mayor of

Great Grimsby's Fund and the Third Schedule to the

1978 deed shall have effect as though such permanent

endowment were excluded from the power to apply trust

capital for the objects of the Mayor of Great Grimsby's

Fund.

(3) On the payment or transfer of the funds of the Grimsby

Eleemosynary Charities pursuant to subsection (2) above the

Grimsby Eleemosynary Charities and the Mayor of Grimsby's

Christmas Fund shall be extinguished and the trusts thereof

revoked.

(4) For the avoidance of doubt it is hereby declared that save

as is provided in paragraph (c) of subsection (2) above all monies

received by the Mayor of Great Grimsby's Fund whether prior to

the coming into operation of this Act or in pursuance of sub-

section (2) above from the Grimsby Eleemosynary Charities and

72 c. iii

Humberside

Act

1982

PART

VIII

the Mayor of Grimsby's Christmas Fund shall merge with and

—com.

form

part 0f the other monies of the Mayor of Great Grimsby's

Fund and shall be held upon and applied under the trusts of the

Mayor of Great Grimsby's Fund free from any other trusts,

obligations or limitations whatsoever.

(5) Nothing in this section shall derogate from the powers of

the court or of the Charity Commissioners under the Charities

1960

c.

58.

Act 1960.

(6) The provisions of

this

section may be amended by a scheme

made under section 18 of the said Act of 1960; and upon the

coming into force of any such scheme embodying all such

provisions, whether or not so amended, this section shall cease

to have effect.

Grimsby 81.—(1) In this section " the Act of 1849 " and " the Act of

Pastures

Acts.

1949 » mean the Grimsby Pastures Act 1849 and the Grimsby

1849

c.

xvi.

Corporation Act 1949 respectively.

1949 c x (2) The following shall cease to have effect:—

(a) in the Act of 1849—

(i) sections XLVIII, LI to LXI, LXXII to LXXV

andLXXVIII;

(ii) in section VI the words " and Assessors" in

both places where they occur; the words " of the

Borough " where they first occur; the words from

" in the Manner" to the words " List of the

Borough "; the word " Burgesses " and the words

from " and all the Powers " to the word " Freemen "

where it

fifthly

occurs;

(iii) in section VIII the words " or who shall have

received Parochial Relief from the Parish of Great

Grimsby " and the words " have received Parochial

Relief from any other Parish than Great Grimsby,

or shall";

(iv) in section XVIII the words " Three others of the

enrolled Freemen to be ";

(v) in section XIX the words "and Auditor

respectively ";

(vi) in section XXXIX the words " for Building

purposes " and " and the Rent granted or reserved by

any such Deed or Lease be made payable quarterly or

oftener ";

(vii) in section L the words " as by this Act pro-

vided " in both places where they occur;

(viii) in section LXVI the words from " or such "

where they first occur to the word "

thereof"

where

it secondly occurs; the words from " or such " where

Humberside

Act

1982

c. in

they secondly occur to the word " Annuities " where

it secondly occurs and the words from " or such "

where they thirdly occur to the word

"thereof"

in

the last place where it occurs;

(ix) in section LXXVI the words from " or sum "

onwards;

(x) in section LXXVII the words from " and the "

where they secondly occur to the word " Parish"

where it secondly occurs;

(b) in the Act of 1949—

(i) sections 4, 9, 11 to 16, 18 and 19 and the

Schedules;

(ii) in section 2 the definitions of "The Act of

1933 "," The appointed day " and " The

town

clerk ";

(iii) in section 6 subsection (1) and in subsection (2)

the words " after the appointed day ";

(iv) in section 7 subsection (1); in subsection (2)

the words " Before the appointed day", " from

the appointed day " and " after the appointed day ";

in subsection (3) the words from " of the borough "

where they first occur onwards;

(v) in section 8 subsection (1); in subsection (2)

the words " Before the appointed day ", " from the

appointed day " and " after the appointed day "; in

subsection (3) the word " town " where it first occurs

and the words from " and as from " onwards.

(3) The Act of 1849 shall have effect as if—

(a) in Section I—

(i) in the definition of " Corporation " for the

words " Mayor, Aldermen, and Burgesses of the

Borough " there were substituted the words " Great

Grimsby Borough Council ";

(ii) in the definition of " enrolled Freemen " for the

word " Pasture" there were substituted the word

"Pastures"; and

(iii) after the definition of " Clerk" there were

inserted the following definition:—

"The Expression 'Borough Treasurer' shall

mean the Borough Treasurer for the Time

being of the Borough ";

(b) in Section III for the words " Scot and Lot" there were

substituted the word " Rates " and as if for the words

" One Shilling " there were substituted " 5p ";

(c) in Section V for the words " One Shilling

"

there were

substituted "5p";

74 c. iii Humberside Act 1982

PART

VIII (d) in Section VI for the words " Burgess Lists of the

—COM.

Borough " there were substituted the words " List of

Freemen "; as if for the word " such " where it thirdly

occurs there were substituted the word " the "; and as

if for the words " Scot and Lot" there were substituted

the word " Rates ";

(e) in Section VII for the words " Scot and Lot" there were

substituted the word " Rates ";

(/) in Section VIII for the word " Felony" there were

substituted the words " an arrestable Offence "; and for

the words " Scot and Lot" there were substituted the

word "Rates";

(g) after section XVIII there were inserted the following

section:—

"Asto XVIIIA. And be it enacted that no

of audifors"5

Person

sha11 be qualified to be appointed

an auditor for the purposes of this Act

unless he is a member or in the case of a

firm all the partners therein are members

of one or more of the following bodies—

The Institute of Chartered Accountants

in England and Wales;

The Institute of Chartered Accountants

of Scotland;

The Association of Certified Accoun-

tants;

The Institute of Chartered Accountants

in Ireland;

Any other body of accountants estab-

lished in the United Kingdom and

recognised for the purposes of

section 161 (1) (a) of the Com-

1948

c.

38.

panies Act 1948 by the Secretary of

State.";

(h) in Section XIX for the word " Freemen" where it

secondly occurs there were substituted the word

" Freeman ";

(/) in Section XLV for the words " Mayor, Aldermen and

Burgesses " there were substituted " local Government

Electors ";

(j) in Section XLIX for the words " Treasurer for the Time

being of the Borough " there were substituted the words

" Borough Treasurer" and as if for the words

" Borough Fund" there were substituted the words

"General Rate Fund";

Humberside

Act

1982

c. iii 75

(k) in Section LXXVII for the words " Mayor, Aldermen PART VIII

and Burgesses" there were substituted the word —cont.

" Corporation ".

(4) The Act of 1949 shall have effect as if in section 2 in the

definition of " The borough " for the words " county borough of

Grimsby " there were substituted the words " borough of Great

Grimsby " and in the definition of " The Corporation " for the

words " Mayor Aldermen and Burgesses of the borough " there

were substituted the words " Great Grimsby Borough Council".

(5) The unrepealed provisions of the Act of 1849 and of the

Act of 1949 as having effect in accordance with the foregoing

provisions of this section are set out in Schedule 5 to this Act

and shall continue to have effect and section 262 (9) of the Act

of

1972

shall not apply to those provisions.

PART IX

SCUNTHORPE PROVISIONS

82.—(1) Where before 5th August 1971, the mayor, aldermen

Power to

and burgesses of

the

borough of Scunthorpe (in this section called enforce

" the Corporation ") sold land for building purposes and on such restrictive

sale the purchaser entered into a covenant with the Corporation covenan s*

restrictive of the user of such land expressed to be for the benefit

of other lands sold or to be sold by the Corporation the

Scunthorpe Borough Council shall have power to enforce such

covenant against persons deriving title under such purchaser

notwithstanding that the Scunthorpe Borough Council are not

in possession of or interested in any land for the benefit of which

the covenant was entered into in the like manner and to the like

extent as if they were possessed of or interested in such land.

(2) This section shall not apply to a covenant unless such

covenant was registered as a local land charge within three months

from 5th August 1971.

83.—(1) The Scunthorpe Borough Council may in any premises

Provision of

mentioned in subsection (2) below so long as they remain in the catering

occupation of the Scunthorpe Borough Council sell and supply or

^}^Jjesm

enter into any agreement or arrangement with any person for the

premjseSi

sale and supply of or let any rights (exclusive or otherwise) of

selling and supplying refreshments of all kinds subject to the

provisions of

all

enactments relating thereto:

Provided that nothing in this subsection shall override the

terms or conditions of any lease or agreement relating to lands

occupied by the Scunthorpe Borough Council but not owned by

them.

76 c. iii

Humberside

Act

1982

PART

IX

(2) The premises in which the Scunthorpe Borough Council

—cont. may exercise the powers of subsection (1) above are the following

premises in the borough of Scunthorpe:—

(a) Normanby Hall and park;

(b) the Civic Centre;

(c) recreational and cultural premises occupied by the

Scunthorpe Borough Council;

(d) the market hall.

PARTX

GENERAL

Disputes about 84.—(1) Any dispute arising on a claim for compensation under

compensation.

thjs

Act, being a dispute for the determination of which no other

provision is made by or under this or any other Act, shall be

determined, if

the

parties so agree, by arbitration, or, in default of

agreement, by a county court.

(2) A county court shall have jurisdiction to deal with any

dispute which by virtue of subsection (1) above

is

to be determined

by such a court notwithstanding that, by reason of

the

amount of

the claim or otherwise, the case would not, but for this provision,

be within the jurisdiction of a county court.

(3) Nothing in this section shall prejudice the operation of

section

115

of the County Courts Act 1959 (removal into the High

Court of proceedings commenced in a county court).

85.

A Minister of the Crown may cause such local inquiries to

be held as he may consider necessary for the purpose of

any

of

his

functions under this Act, and section 250 (2) to (5) of the Act of

1972 shall apply to any such inquiry.

86.

Where under any provision of this Act the licence or con-

sent of a local authority for the carrying on of any business or to

the use of premises for any purpose is required as from an

appointed day, it shall be lawful for any person who—

(a) immediately before that day

was

carrying on the business,

or using any premises for the purpose; and

(b) had before that day duly applied for the licence or consent

required by that provision;

to continue to carry on that business or, as the case may

be,

to use

those premises for that purpose, until he is notified of

the

decision

with regard to his application and, if the decision is adverse,

during such further time as is provided under section 89

(Suspension of proceedings pending appeal) of this Act.

1959 c. 22.

Local

inquiries.

Saving

for

conduct

of

business

or use

of

premises.

Humberside

Act

1982

c. Hi 77

87.

Sections 300 to 302 of

the

Act of

1936

shall

apply in

respect

PART

X

of

appeals

to a magistrates' court under this Act. —cont.

Appeals

to

magistrates'

88.—(1) On an appeal to the Secretary of State under

sub-

C?W'.

section (6) of section 12 (Parking places: safety requirements) of secretary0

this Act the Secretary of State may at his discretion afford to of State.

the appellant and the local authority an opportunity of appearing

before, and being heard by, a person appointed by the Secretary

of State for the purpose.

(2) On determining any such appeal, the Secretary of

State

shall

give such directions, if

any,

as he considers appropriate for giving

effect to his determination.

(3) Where the Secretary of State gives a decision in proceedings

on any such appeal the appellant or the local authority may appeal

to the High Court against the decision on a point of

law.

(4) At any stage of the proceedings on any such appeal the

Secretary of State may state any question of law arising in the

course of proceedings in the form of

a

special case for the decision

of the High Court; and a decision of the High Court on a case

stated by virtue of this subsection shall

be

deemed to be a judgment

of the court within the meaning of section 16 of the Supreme

Court Act 1981 (jurisdiction of the Court of Appeal to hear and

1981

c. 54.

determine appeals from any judgment of the High Court).

(5) In this section "decision" includes a direction, and references

to the giving of a decision shall be construed accordingly.

89.

Where a requirement, refusal or other decision of a local Suspension

of

authority against which a right of appeal is conferred by this p™^g1Ilss

Atf appeal.

(a) involves the execution of any work or the taking of any

action; or

(b) makes it unlawful for a person to carry on any under-

taking, trade or business which he was lawfully carrying

on immediately before

the

requirement, refusal or decision

was made or, but for this section, came into effect, or to

use premises for any purpose for which they were law-

fully then used;

then until the time for appealing has expired or, if an appeal is

lodged, until it is disposed of or withdrawn or fails for want of

prosecution—

(i) no proceedings shall be taken in respect of any failure to

execute the work or to take the action, nor shall the local

authority themselves execute the work or

take

the action;

and

78 c. iii

Humberside

Act

1982

(ii) the person may continue to carry on the undertaking,

trade or

business,

or to use the premises for that purpose.

90.

The written consent of the Director of Public Prosecutions

is needed for the laying of an information of an offence created by

or under this Act by any person other than a party aggrieved, a

local authority, or a constable.

91.

Where under this Act any question or difference is to be

determined by arbitration, then, unless otherwise provided, the

question or difference shall be referred to, and settled by, a single

arbitrator to be agreed between the parties or, failing agreement,

to be appointed on the application of either party (after notice

in writing to the other) by the President of the Institution of

Civil Engineers.

92.—(1) Where an offence under this Act, or against any

byelaw made under this Act committed by a body corporate is

proved to have been committed with the consent or connivance

of, or to be attributable to any neglect on the part of, a director,

manager, secretary or other similar officer of the body corporate

or any person who was purporting to act in any such capacity, he,

as well as the body corporate, shall be guilty of

the

offence.

(2) Where the affairs of a body corporate are managed by its

members, subsection (1) above shall apply to the acts and defaults

of a member in connection with his functions of management

as if he were a director of the body corporate.

93.

Any person who intentionally obstructs any officer of a

local authority acting in execution of this Act or of any byelaws

made thereunder shall be guilty of an offence and liable on

summary conviction to a fine not exceeding £200.

94.—(1) In proceedings for an offence under any provision

diligence. 0f tms ^ct mentioned in subsection (2) below it shall be a defence

for the person charged to prove that he took all reasonable

precautions and exercised all due diligence to avoid the com-

mission of the offence.

(2) The provisions referred to in subsection (1) above are the

following:—

Part III (Fire precautions);

Paragraphs

(a)

to (c) of section 28 (Offences under Part IV);

Section 33 (Regulation of placing things on footway);

Section 37 (Dust, etc., from building operations);

Subsection (5) of section 42 (Tattooists);

PARTX

—cont.

Restriction

on right to

prosecute.

Axbitration.

Liability of

directors,

etc.

Penalty for

obstruction.

Defence of

Humberside Act 1982 c. Hi 79

Subsection (4) of section 48 (Dealers in second-hand goods); PART X

Section 49 (Touting, hawking, photographing, etc.); —cont.

Section 59 (Byelaws as to waterways);

Section 67 (Powers as to markets and fairs);

Paragraph (a) of subsection (1) of section 74 (Registration of

hawkers of food and their premises);

Section 79 (Mobile stalls, etc.);

Section 101 (Tidal works).

(3) If in any case the defence provided under subsection (1)

above involves the allegation that the commission of the offence

was due to the act or default of another person, the person charged

shall not, without leave of the court, be entitled to rely on that

defence unless, within a period ending 7 clear days before the

hearing, he has served on the prosecutor a notice in writing

giving such information as was then in his possession, identifying,

or assisting in the identification of, that other person.

95.—(1) The sections of the Act of 1936 mentioned in Application

Schedule 6 to this Act shall have effect as if references therein of general

to that Act included references to this Act. of A^cTof

1936

(2) Section 287 of the Act of 1936 (powers of entry) shall have

effect as if references therein to that Act included a reference to

the following provisions of this Act:—

Section 12 (Parking places: safety requirements);

Section 13 (Firemen's switches for luminous tube signs);

Section 34 (Street numbers);

Section 37 (Dust, etc., from building operations);

Section 39 (Power to order alteration of chimneys);

Section 42 (Tattooists);

Section 44 (Protection of damaged buildings);

Section 45 (Securing unoccupied buildings);

Section 57 (Maintenance of beck);

Section 74 (Registration of hawkers of food and their

premises):

Provided that, before entry on any operational railway line of

the British Railways Board in pursuance of any of those provisions

of this Act and of the said section 287 as it has effect by virtue of

this section, not less than 24 hours' notice of intended entry shall,

except in case of emergency, be given to that board and any

person entering on any such railway line in pursuance of that

notice or in any such emergency shall comply with the reasonable

requirements of that board for the protection of their undertaking.

80 c. iii

Humberside

Act

1982

PART

X

96.—(1) Nothing in this Act affects prejudicially any estate,

—cont. right, power, privilege, authority or exemption of the Crown

Crown

rights,

and, in particular and without prejudice to the generality of the

foregoing, nothing in this Act authorises a local authority to take,

use,

enter upon or in any manner interfere with, any land or

hereditaments or any rights of whatsoever description (including

any portion of the shore or bed of

the

sea or of any river, channel,

creek, bay, or estuary)—

(a) belonging to Her Majesty in right of Her Crown and

under the management of the Crown Estate Com-

missioners, without the consent in writing of those

commissioners; or

(b) belonging to Her Majesty in right of Her Duchy of

Lancaster, without the consent in writing of the

Chancellor for the time being of the said duchy; or

(c) belonging to a government department, or held in trust

for Her Majesty for the purposes of a government

department, without the consent in writing of that

government department.

(2) A consent under subsection (1) above may be given un-

conditionally or subject to such conditions and upon such terms

as shall be considered necessary or appropriate.

(3) Nothing in this section shall prejudice or affect any statutory

powers of a local authority to carry out code-regulated works

1950

c.

39.

within the meaning of the Public Utilities Street Works Act 1950

in any highway vested in, or maintained by, the Secretary of

State.

docks board.

For 97. Unless otherwise agreed in writing between the county

51°!e„Cu°H?f council or, as the case may require, the district council by whom

the powers in question are exercisable (all or any of whom are

hereinafter referred to as " the council") and the docks board,

the provisions of this section shall have effect for the protection

of the docks board—

(1) (a) In this section—

"the dock estate" means the docks, stages,

jetties and other landing places, roadways and other

works and lands within the county for the time

being owned, occupied or administered by the

docks board wholly or mainly for the purposes of

their statutory functions;

" Humber tidal work " means a tidal work on,

under or over the foreshore or bed of the

river Humber authorised by section 72 (Powers in

relation to sea wall) of this Act and as regards

paragraphs (5), (8) and (9) shall include works

Humberside

Act

1982

c. iii 81

executed under the Cleethorpes Improvement Act PARTX

1902 and the Cleethorpes Urban District Council —cont-

Act 1928; 1902c.cliv.

(b) For the purposes of this section, references to the con-1928 c"lxxvi*

struction of a Humber tidal work shall include the

execution, placing, alteration and removal of any such

work; and "construct" and "constructed" shall be

construed accordingly:

(2) The following sections of this Act do not authorise the

exercise of powers or the imposition of conditions,

restrictions or prohibitions, or apply to any street or

building within the dock estate:—

Section 31 (Highway amenities);

Section 32 (Power to provide kiosks, etc.);

Section 33 (Regulation of placing things on

footway);

Section 45 (Securing unoccupied buildings):

(3) (a) A consent granted under section 70 (Control of

digging for or removal of

sand,

bait, etc., from seashore)

of this Act shall not affect the requirements of section 8-

(Sand &c. not to be removed from bed or foreshore of

river Humber without licence of Commissioners) of the

Humber Conservancy Act 1905 or of any conditions

1905

c.

clxxix.

subject to which any licence under the said section 8

has been granted;

(b) This paragraph shall not have effect so as to require

the person to whom a consent is granted under section 70

of this Act to obtain a licence under section 8 of the

said Act of 1905 for the purpose of digging for lug-

worms or any other form of fishing bait provided that

no powered tools are used for such digging and that no

material excavated is removed from the foreshore or

bed of the river Humber;

(c) Notice of the effect of sub-paragraphs (a) and

(b)

of this

paragraph shall be endorsed on any consent granted

under section 70 of this Act:

(4) (a) Before commencing to construct a Humber tidal

work the council shall submit to the docks board for

their reasonable approval plans, sections and particulars

of the work showing the general mode of construction

and such work shall not be constructed otherwise than

in accordance with such plans, sections and particulars

as may be reasonably approved by the docks board,

or as may be determined by the Secretary of State as

hereinafter provided, and all such work shall be executed

to the reasonable satisfaction of the docks board;

Humberside

Act

1982

(b) If it appears to the council that the docks board have

unreasonably withheld their approval to any plans,

sections and particulars under sub-paragraph (a) of

this paragraph they may appeal to the Secretary of

State whose decision shall be binding on both parties:

(5) After the purpose of any temporary structure in the

river Humber has been accomplished the council shall

with all reasonable dispatch or after a reasonable period

of notice in writing from the docks board requiring

them so to do remove any such temporary structure

in the river Humber or any materials for the same

which may have been placed in the river Humber below

the level of high water by or on behalf of the council

and on their failing so to do within a reasonable period

after receiving such notice the docks board may remove

the same charging the council with the reasonable

expense of so doing and the council shall repay to the

docks board such expense:

(6) In the event of the docks board failing to express their

disapproval of any plans, sections or particulars within

two months after such plans, sections and particulars

shall have been delivered to them in pursuance of this

section, they shall be deemed to have approved the

plans,

sections and particulars as submitted:

(7) If, during the construction of a Humber tidal work or

within 12 months after the completion of such work

and in consequence of the construction of such Humber

tidal work any accumulation of silt or other material

shall be created in the vicinity of such work which

shall cause impediment to navigation in the river Humber

the council if so requested by the docks board within

the period of 12 months after such completion, shall

remove such accumulation of silt or other material and

if they refuse or fail so to do the docks board may

themselves cause the work to be done and may recover

from the council the reasonable cost

thereof:

(8) The council shall on request afford all such reasonable

facilities to the docks board to place and maintain on

any Humber tidal work any such signals, tide-boards,

tide-gauges, masts, or other apparatus for the benefit

of navigation as the docks board may from time to time

reasonably require, provided that anything done under

this paragraph shall be at the expense of the docks

board:

(9) The council shall allow at all reasonable times access

both by water and by land to the docks board, their

officers, servants and licensed pilots on, to and over a

Humberside

Act

1982

c. iii 83

Humber tidal work both during and after the con- PARTX

struction thereof without payment or hindrance whilst —cont.

in the execution of their duties, provided that until

the tidal work has been completed the access shall be

given only so far as is reasonably practicable:

(10) Nothing in this Act shall affect prejudicially any

statutory or other rights, powers or privileges vested

in, or enjoyed by, the docks board at the commencement

of this Act or any title of the docks board in, to or over

any lands or foreshore held or acquired by them:

(11) Any difference arising between the council and the

docks board under the foregoing provisions of this

section (other than a difference as to the construction

of those provisions or as to the approval under

paragraph (4) of this section of plans, sections and

particulars) shall be determined by arbitration.

98.

For the protection of the water authority the following For protection

provisions shall unless otherwise agreed in writing between the?£Yorkshire

appropriate authority and the water authority apply and haveA|^rity

effect:—

(1) In this section unless the subject or context otherwise

requires—

" appropriate authority " means the county council

or the East Yorkshire Borough of Beverley Borough

Council as the case may require;

" authorised work " means

so

much of—

(a) the county council's works as defined in

section 4 (Interpretation of Part II) of this

Act;

(b) the works authorised by section 7 (Subsidiary

works in rivers and elsewhere) of this Act;

and

(c) the works, operations and activities authorised

by section 58 (General powers in relation to

the waterways) of this Act;

(whether temporary or permanent) as may be con-

structed on, over or under or in any other way affect—

(i) the river Hull or either of the banks

thereof;

or

(ii) the Beverley and Barmston Drain;

" banks " has the meaning given to it by section 116

of the Land Drainage Act 1976; 1976 c-70-

c. Hi

Humberside

Act

1982

" construction " includes execution, alteration, re-

construction and placing and "construct" and

"constructed" have corresponding meanings;

" plans " in relation to permanent works includes

sections and particulars and in relation to temporary

works includes sections;

(2) (a) Before commencing the construction of an authorised

work the appropriate authority shall submit plans of

such work to the water authority for their reasonable

approval and shall not commence the authorised work

until such plans have been approved by the water

authority or in the case of difference until they shall have

been settled

by

arbitration:

Provided that unless the water authority within two

months after the receipt of any such plans signify to the

appropriate authority their disapproval thereof and the

grounds of their disapproval they shall be deemed to

have

approved

thereof;

(b) Not less than 28 days before commencing any work of

maintenance, repair or renewal of an authorised work

the appropriate authority shall except in the case of

emergency submit to the water authority for their

information a notice of intention to commence the work

and a description of the work:

(3) (a) An authorised work shall not be constructed except

in accordance with such plans as may be approved or

deemed to be approved by the water authority as afore-

said or settled by arbitration and shall be constructed to

the reasonable satisfaction of the water authority who

shall be given reasonable notice of the date and time on

and at which the authorised work

is

to

be

commenced:

(b) The appropriate authority shall at all reasonable times

afford to an officer of the water authority duly appointed

for the purpose access to the authorised work for the

purpose of inspection:

(4) If by reason of the construction, maintenance or repair

of any authorised work or of the failure thereof or of the

failure to maintain or repair the same injury or damage

is caused to the river Hull or the banks thereof or to the

Beverley and Barmston Drain or to any property of the

water authority lying or situate therein, such injury or

damage shall be forthwith made good by the appropriate

authority to the reasonable satisfaction of the water

authority and if the appropriate authority fail so to do

Humberside

Act

1982

c. iii 85

the water authority may make good the same and PARTX

recover from the appropriate authority the costs and

—COM.

expenses reasonably incurred

by

them in so doing:

(5) If the appropriate authority construct any work in

contravention of this section the water authority may

remove, alter or pull down the work and recover from

the appropriate authority the expenses incurred in so

doing:

(6) Section 29 of

the

Land Drainage Act 1976 shall not apply

1976

c.

70.

to the construction of an authorised work:

(7) Any difference arising between the appropriate authority

and the water authority under this section (other than a

difference as to the construction of this section) shall be

determined by arbitration.

99.—(1) In the Health and Safety at Work etc. Act 1974—

Saving

for

(a) subsection (5) of section 62 (repeal or modification of ^ltnand

certain enactments by building regulations) shall apply work

etc.

to any enactment in this Act and to any provision of a

Act

1974.

byelaw (or other instrument of a legislative character)

1974

c, 37.

made under it as that subsection applies to any enactment

mentioned therein;

(6) subsection (1) of section 80 (repeal or modification of

certain provisions by regulations) shall apply to any

provision of this Act and to any regulation and byelaw

made under it as that subsection applies to any provision

mentioned in subsection (2) of the said section 80.

(2) Nothing in the following sections of

this

Act shall prejudice

or affect the operation of any of the relevant statutory provisions

as defined in Part I of the said Act of 1974:—

Section 37 (Dust, etc., from building operations);

Section 39 (Power to order alteration of chimneys);

Section 43 (Control of demolitions).

100.

Subsection (2) of section 30 of the Fire Precautions Act

Saving

for

1971 (avoidance of duplication by local Act provisions) shall Fire

apply to this Act as if passed before the coming into operation of

^j1^0118

that subsection. 1971 c ^

101.—(1) Subject to subsection (3) below the following pro-Tidal

works.

visions in this section shall apply to tidal works, that is to say,

works on, under or over tidal waters or tidal lands below the

level of high water, being works (other than Works Nos. 1, 4

and 5 authorised by the Kingston upon Hull Corporation Act

1967),

authorised by the following enactments:—

1967

c.

xxxiii.

(a) the Kingston-upon-Hull Corporation Act 1897;

1897

c ccxlix.

86 c. in

Humberside

Act

1982

(b) the Kingston-upon-Hull Corporation Act 1901;

(c) the Cleethorpes Improvement Act 1902;

(d) the Boothferry Bridge Act 1925;

(e) the Kingston upon Hull Corporation Act 1926;

(J) the Cleethorpes Urban District Council Act 1928;

(g) the Kingston upon Hull (Sutton Road Bridge) Scheme

1934;

(h) the Kingston upon Hull Corporation Act 1952;

(/) the Kingston upon Hull Corporation Act 1967;

(J) section 72 (Powers in relation to sea wall) of this Act;

in substitution for statutory provisions repealed by this Act

relating to the lighting, survey, abandonment or decay of, and

injury to, those works, each of which is in this section referred to

as " tidal work ".

(2) (a) In case of injury to or destruction or decay of a tidal

work, or any part

thereof,

the owners of the work shall forthwith

notify the appropriate authority and shall lay down such buoys,

exhibit such lights and take such other steps for preventing

danger to navigation as the appropriate authority shall from

time to time direct.

(b) If the owners fail to notify the appropriate authority as

required by this subsection or to comply in any respect with a

direction given under this subsection they shall be guilty of an

offence and liable on summary conviction to a fine not exceeding

the statutory maximum and on conviction on indictment to a

fine.

(3) (a) The owners of a tidal work shall during the whole

time of the construction and after the completion thereof exhibit

every night from sunset to sunrise in such positions on or near

the tidal work as may be directed from time to time by the

appropriate authority such lights, if any, as may be so directed;

and shall take such other steps for the prevention of danger to

navigation as may be so directed.

(b) If the owners fail to comply in any respect with a direction

given under this subsection, they shall be guilty of an offence and

liable on summary conviction to a

fine

not exceeding the statutory

maximum and on conviction on indictment to a fine.

(c) The docks board shall not under this subsection require

the display of lights on works authorised by the Cleethorpes

Improvement Act 1902 and the Cleethorpes Urban District

Council Act 1928.

PARTX

—cont.

1901 c. cxxiv,

1902 c. cliv.

1925 c. cxi.

1926 c. lxxiv.

1928 c. lxxvi.

1934 c. lxxxi.

1952 c. xliii.

1967 c. xxxiii.

Humberside

Act

1982

c. iii 87

(4)

(a)

Where a tidal work

is

abandoned, or suffered to fall into

PART

X

decay, the appropriate authority may by notice in writing require —cont.

the owners of the work at their own expense either to repair and

restore the work or any part

thereof,

or to remove the work and

restore the site thereof to its former condition, to such an extent

and within such limits as the appropriate authority think proper.

(b) Where a work consisting partly of a tidal work and partly

of works on or over land above

the level

of high water

is

abandoned

or suffered to fall into decay and that part of

the

work on or over

land above the level of high water is in such condition as to

interfere, or to cause reasonable apprehension that it may inter-

fere,

with the right of navigation or other public rights over the

foreshore, the appropriate authority may include that part of the

work or any portion thereof in any notice under this subsection.

(c) If, on the expiration of

30

days from the date when a notice

under this subsection is served upon the owners, they have failed

to comply with the requirements of the notice, the appropriate

authority may execute the works specified in the notice and any

expenditure incurred by them in so doing shall be recoverable

from the owners as a simple contract debt.

(5) If there shall be any inconsistency between a requirement of

the Secretary of State and a requirement of the docks board, the

Kingston upon Hull City Council or Trinity House, as the case

may be, under this section the requirement of the Secretary of

State shall prevail.

(6) The appropriate authority may at any time, if they deem

it expedient, order a survey and examination of a tidal work,

and any expenditure incurred by the appropriate authority in

any such survey and examination shall be recoverable from the

owners of the work as a simple contract debt.

(7) In this section—

" appropriate authority " means—

(a) in subsection (2) above—

(i) in relation to any tidal work which is situate

within

the

jurisdiction of the docks board, the docks

board;

(ii) in relation to any other tidal work, Trinity

House;

(b) in subsection (3) above—

(i) in relation to any tidal work which is

situate within the jurisdiction of the docks board,

the docks board;

(ii) in relation to any other tidal work, Trinity

House;

88 c. Hi

Humberside

Act

1982

PART

X

and in addition so far as that subsection relates to the

—COM.

construction of any tidal work the Secretary of

State;

(c) in subsection (4) above, the Secretary of State

and in addition—

(i) in relation to any tidal work which is situate

within the jurisdiction of

the

docks board, the docks

board;

(ii) in relation to any tidal work situate in that

part of the river Hull within the city of Kingston

upon Hull, the Kingston upon Hull City Council;

(d) in subsection (6) above, the Secretary of State

and in addition in relation to any tidal work which

is situate within the jurisdiction of the docks board,

the docks board;

" statutory maximum " means the prescribed sum as defined

1980

c

43.

in section 32 (9) of the Magistrates' Courts Act 1980.

Transitional 102.—(1) The transitional provisions and savings in Schedule 7

provisions, to this Act shall have effect.

savings and

repeals. (2) Subject to the provisions of the said Schedule 7—

(a) so much of the Kingston upon Hull Corporation Act

1967

c.

xxxiii.

1967 as relates to Works Nos. 4 and

5

authorised by that

Act shall continue to have effect and to that extent

section 262 (9) of

the

Act of

1972

shall not apply to those

enactments;

(b) the Acts specified in column (1) of Part I of Schedule 8

to this Act and the Orders specified in column (1) of

Part II of that Schedule and the confirmation Acts

relating to any of those Orders specified in the said

Part II (wliich include certain spent enactments) in so

far as they apply within the county are hereby repealed

(subject to subsection (3) below) to the extent mentioned

in column (2) of that Schedule.

(3) The repeal of the enactments specified in Part III of

Schedule 8 to this Act (being enactments corresponding to

section 13 (Firemen's switches for luminous tube signs) of this

Act) shall not take effect until the relevant day as defined in the

said section 13.

(4) Nothing in this section shall prejudice the operation of

section 254 of the Act of 1972.

(5) The inclusion in this Act of any express transitional

provision, saving or amendment shall not be taken as prejudicing

1978

c.

30.

the operation of sections 15 to 17 of the Interpretation Act 1978

(effect of repeals).

Humberside Act 1982 c. iii 89

SCHEDULES

SCHEDULE 1

Sections

4,5,

8

and

11.

BRIDGES ACROSS NAVIGABLE WATERS

1.

The bridge over the dock at Great Grimsby authorised by the

Grimsby Improvement Act 1869 and known as the Corporation Road

1869

c.

x.

Bridge.

2.

The bridge constructed on the land authorised to be acquired

by the Order relating to Kingston-upon-Hull dated 22nd May 1871,

and confirmed by the Local Government Supplemental Act 1871 1871 c- ctaxvii-

(No.

4), and known as Sculcoates Bridge.

3.

The bridge authorised by the Kingston-upon-Hull Corporation

Act 1897 and known as Scott Street Bridge.

1897

c.

ccxlix.

4.

The bridge (Work No. 26) authorised by the Kingston-upon-Hull

Corporation Act 1901, and known as Stoneferry Bridge.

1901

c.

cxxiv.

5.

The bridge (Work No. 1) authorised by the Boothferry Bridge

Act 1925.

1925

c.

cxi.

6. The bridge (Work No. 1) authorised by the Kingston upon Hull

Corporation Act 1926, and known as North Bridge.

1926

c.

lxxiv.

7.

The bridge (Work

No.

1)

authorised by the

Public Works

Facilities

Scheme (Kingston upon Hull Corporation Sutton Road Bridge)

Confirmation Act 1934, and known as Sutton Road Bridge.

1934

c.

lxxxi.

8. The bridge (Work No. 1) authorised by the Kingston upon Hull

Corporation Act 1952, and known as Drypool Bridge.

1952

c.

xliii.

9. The bridge comprised in Work No. 2 authorised by the Kingston

upon Hull Corporation Act 1967 and known as Myton Bridge.

1967

c.

xxxiii.

10.

The bridge which formerly carried the Victoria Dock railway line

over the river Hull in the city of Kingston upon Hull known as the

Wilmington Swing Bridge and transferred to the county council by

the British Railways Act 1978.

1978

c.

xxi.

11.

The bascule bridge across the river Hull at Grovehill in the

East Yorkshire Borough of Beverley constructed by the mayor,

aldermen and burgesses of

the

borough of Beverley as existing immedi-

ately before 1st April 1974.

12.

The footbridge across the river Hull in the East Yorkshire

Borough of Beverley constructed in substitution' for the bridge

reconstructed by the former county council of the East Riding of

Yorkshire in pursuance of the East Riding County Council Act 1910

1910

c.

cxviii.

and in that Act referred to as " the Hull Bridge ".

90 c. iii Humberside Act 1982

PartV. SCHEDULE 2

APPLICATION OF PART V (MISCELLANEOUS) TO DISTRICTS

Section

(1)

31

32

^3

34

36

37

38

39

40

41

42

43

Marginal note

(2)

Highway amenities

Power to provide kiosks, etc

Regulation of placing things on footway

Street numbers

Prohibition of parking of goods vehicles

in front gardens

Dust, etc., from building operations

Paving of

yards

and passages

Power to order alteration of chimneys...

Control of

rats

and mice

Powers

of

entry

for Prevention of Damage

by Pests Act 1949

Tattooists

Control of demolitions

Districts to which

section applies

(3)

East Yorkshire

Borough of

Beverley

Scunthorpe

Cleethorpes

East Yorkshire

Borough of

Beverley

Great Grimsby

Scunthorpe

Great Grimsby

Scunthorpe

Cleethorpes

East Yorkshire

Borough of

Beverley

Scunthorpe

Cleethorpes

East Yorkshire

Borough of

Beverley

Great Grimsby

Scunthorpe

East Yorkshire

Borough of

Beverley

Cleethorpes

East Yorkshire

Borough of

Beverley

Great Grimsby

Cleethorpes

East Yorkshire

Borough of

Beverley

Cleethorpes

East Yorkshire

Borough of

Beverley

Cleethorpes

East Yorkshire

Cleethorpes

East Yorkshire

Great Grimsby

Cleethorpes

East Yorkshire

Scunthorpe

Humberside

Act

1982

c. iii

Section

(1)

44

45

49

50

51

52

53

54

55

Marginal note

(2)

Protection of damaged buildings

Securing unoccupied buildings

Touting, hawking, photographing, etc....

Extension of section 126 of Housing Act

1974

Provision of parking places in parks, etc.

Grass verges, etc

Prohibition of vehicles on certain vacant

land

Insurance of certain voluntary assistants

Power to run public service vehicles ...

Districts to which

section applies

(3)

Cleethorpes

East Yorkshire

Great Grimsby

Scunthorpe

Cleethorpes

East Yorkshire

Great Grimsby

Scunthorpe

Cleethorpes

East Yorkshire

Borough of

Beverley

Scunthorpe

Cleethorpes

East Yorkshire 1

Borough of

Beverley

Great Grimsby

Cleethorpes

East Yorkshire

Borough of

Beverley

Cleethorpes

East Yorkshire

Borough of

Beverley

Scunthorpe

Cleethorpes

East Yorkshire

Borough of

Beverley

Scunthorpe

Cleethorpes

East Yorkshire

Borough of

Beverley

Great Grimsby

Cleethorpes

Great Grimsby

c. iii Hwnberside Act 1982

SCHEDULE 3

SECTION 29

OF

THE ACT

OF

1961

AS

HAVING EFFECT IN ACCORDANCE WITH

SECTION 43 (CONTROL OF DEMOLITIONS) OF THIS ACT

29.—(1) Subject to the provisions of this section, a local authority

may serve a notice under this section on any person who undertakes

the demolition of the whole or of part of a building.

(2) Subsection (1) of this section shall not apply to the demolition-

fa) of an internal part of a building where the building

is

occupied,

and it is intended that it should continue to be occupied, or

(b) of a building which has a cubic content (as ascertained by

external measurement) of not more than one thousand

seven hundred and fifty cubic feet, or, where a greenhouse,

conservatory, shed or prefabricated garage forms part of a

larger building, of that greenhouse, conservatory, shed or

prefabricated garage, or

(c) without prejudice to the last foregoing paragraph, of an

agricultural building (as defined in section two of the Rating

and Valuation (Apportionment) Act, 1928) unless it is

contiguous to another building which is not itself of a kind

mentioned in this or the last foregoing paragraph.

(3) No person shall, without the consent of the local authority

undertake a demolition to which subsection (1) of this section applies

unless—

(a) a notice specifying the building and the works of demolition

intended to be carried out has been given to the local

authority, and

(b) the local authority have served on the person undertaking

the demolition a notice under subsection (1) of this section

or twenty-eight days have elapsed since the giving of notice

under paragraph

(a)

of this subsection.

and a person contravening this subsection shall be liable to a fine not

exceeding £500:

Provided that notice need not be given under this subsection of a

demolition undertaken to comply with any requirement contained

in— (a) a notice, order or other instrument issued by, or on the

application of, the local authority in pursuance of any power

conferred by or under an Act of Parliament, or

(b) an injunction or other direction given in legal proceedings

brought by the local authority,

except where compliance with the requirement is effected, at the

election of the person complying with it, either by undertaking the

demolition or by taking some other steps.

Humberside Act 1982 c. Hi 93

(3A) More than one notice may be served under subsection (1)

SCH.

3

of

this

section in respect of any demolition but a second or subsequent —eont.

notice shall not expressly or by implication contain a requirement

incompatible with one contained in a previous notice.

(4) The

time

within which a notice may be served under subsection (1)

of this section shall be—

(a) where a notice was given under subsection (3) of this section,

within six weeks from the giving of that notice, or such longer

period as the person undertaking the demolition may in

writing allow, and

(b) in the case of a demolition undertaken to comply with a

requirement contained in a demolition order under the

Housing Act, 1957, at any time not more than seven days after

1957

c.

56.

serving on the person undertaking the demolition a copy of

the demolition order in accordance with that Act, or within

such longer period as the person undertaking the demolition

may in writing allow, and

(c) in any other case, within six weeks from the beginning of the

demolition.

(5) A notice under subsection (1) of this section may require the

person undertaking the demolition to take action under all or any of the

following paragraphs, that is to say—

(a) to shore up adjacent buildings,

(b) to weatherproof any surfaces of an adjacent building which

are exposed by the demolition and to make good any damage

to adjacent premises,

(c) to remove material or rubbish resulting from the demolition

and clearance of

the

site,

(d) to disconnect and seal at such points as the local authority

may reasonably require any sewer, drain or water or gas pipe

in or under the building to be demolished,

(e) to remove any such sewer, drain or water or gas pipe and

seal any sewer, drain or water or gas pipe with which the

sewer, drain or pipe to be removed is connected,

(/) to make good to the satisfaction of the local authority the

surface of the ground disturbed by anything done under

paragraph (d) or paragraph (e) of this subsection,

(g) to take such precautions as the local authority may after

consultation with the fire authority reasonably require with

regard to the burning on the site of materials or rubbish

or of any structure,

(h) to maintain watch on the site at all times during the course of

the demolition,

(0 to make arrangements with the electricity undertakers for the

disconnection of the supply of electricity to the building to

be demolished,

94 c. iii Humberside Act 1982

SCH.

3

an(* w'tn a view to preserving the safety and amenities of the public in

—com.

the vicinity of the demolition may prescribe the manner in which, and

the conditions subject to which, the demolition is to be undertaken

and the condition in which the site is to be left on completion.

(5A) A notice served under subsection (1) of this section within

twenty-eight days after the giving of notice under paragraph (a) of

subsection (3) of this section may also require part of the demolition

to be deferred, but not beyond the expiry of the period for serving

notice specified in subsection (4) of

this

section.

(6) No one shall be required under paragraph (b), except so far as

it relates to the weatherproofing of surfaces, or paragraph (d) or

paragraph

(e)

of subsection (5) of this section to carry out any work in

land outside the premises on which the works of demolition are being

carried out if he has no right to carry out that work, but, subject to

1936

c.

49.

the provisions of Part XII of the Public Health Act, 1936, with respect

to the breaking open of streets, the person undertaking the demolition,

or the local authority acting in his default, may break open any street

for the purpose of complying with any such requirement.

(7) Nothing in subsection (5) of this section shall be construed as

exempting any person from—

(a) the obligation to obtain any consent required under section

1945

c

42.

sixty-eight of the Third Schedule to the Water Act, 1945

(which relates to alterations in supply pipes and other

apparatus), or under any similar enactment, or

(b) any obligations with respect to the disconnection, removal or

other alteration of a gas pipe under any regulations having

1972

c.

60.

effect under section 31 of the Gas Act, 1972,

and nothing in this section shall be construed as authorising any person

to cut, alter or otherwise interfere with any electric line or apparatus

of any statutory undertakers authorised to carry on an electricity

undertaking.

(7A) Where the local authority serve notice of a requirement for the

disconnection or removal of any sewer or water or gas pipe belonging

to,

or maintained or used by statutory undertakers, or in respect of

the disconnection of the supply of electricity they shall send a copy

of the notice, so far as it relates to that requirement, to the statutory

undertakers.

(8) Before a person complies with any requirement under para-

graph

(d)

or paragraph

(e)

of subsection (5) of

this

section he shall give

at least forty-eight hours notice to the local authority, and before he

complies with paragraph (/) of that subsection, he shall give at least

twenty-four hours notice to the local authority; and a person who

fails to comply with this subsection shall be liable to a

fine

not exceeding

five pounds.

(9) Subject to subsection (9A) of this section the provisions of

1936c.

49.

Part XII of

the

Public Health Act,

1936,

with respect to

appeals

against,

and the enforcement of, notices requiring the execution of works shall

apply in relation to any notice given under subsection

(1)

of this section.

Humberside Act 1982 c. iii 95

(9A) In relation to any requirement of a notice under subsection (1)

of this section requiring deferment as provided in subsection (5A) of*

this section, section 290 of the Public Health Act 1936 shall have

effect subject to such modifications as are necessary and to the insertion

at the end of subsection (6) of the words " but in any proceedings for

an offence under this subsection it shall be a defence for the person

charged to prove that he took all reasonable precautions and exercised

all due diligence to avoid the commission of the offence ".

(10) Among the grounds on which an appeal may be brought

under subsection (3) of section two hundred and ninety of the Public

Health Act, 1936, against a notice under subsection (1) of this section

shall be—

(a) in the case of a notice requiring an adjacent building to be

shored up, that the owner of the building is not entitled to

the support of that building by the building which is being

demolished, and ought to pay, or contribute towards, the

expenses of shoring it up, and

(b) in the case of a notice requiring any surfaces of an adjacent

building to be weatherproofed, or any damage to any adjacent

premises to be made good, that the owner of the adjacent

building ought to pay, or contribute towards, the expenses

of weatherproofing those surfaces or of making good that

damage.

(11) Where the grounds on which an appeal under the said section

two hundred and ninety is brought include any ground specified in

the last foregoing subsection, the appellant shall serve a copy of his

notice of appeal on the person or persons referred to in that ground

of

appeal,

and on the hearing of the appeal the court may make such

order as it thinks fit in respect of the payment of, or contribution

towards, the cost of the works by any such person, or as to how any

expenses which may be recoverable by the local authority are to be

borne as between the appellant and any such other person.

SCHEDULE 4 Section 80.

PERMANENT ENDOWMENT OF MAYOR OF GREAT GRIMSBY'S FUND

Great Grimsby Borough Council £1,105 Bond No. 12617 repayable

on 1st April 1985.

SCH. 3

—cont.

1936

c.

49.

96 c. ui Humberside Act 1982

Section 81. SCHEDULE 5

1849 c. xvi. UNREPEALED PROVISIONS OF THE GRIMSBY PASTURES ACT 1849 AND OF

1949ex. THE GRIMSBY CORPORATION ACT 1949 CONTINUED AS HAVING EFFECT

IN

ACCORDANCE WITH SECTION 81 (GRIMSBY PASTURES ACTS) OF

THIS

ACT

The Grimsby Pastures

Act

1849

An Act for the Management and Disposal of the Freemen's Pastures

in the Parish of

Great Grimsby

in the Parts ofLindsey in the County

of

Lincoln;

and for other Purposes. [24th May 1849.]

Interpretation

of Terms

in this Act.

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 Com-

mons,

in this present Parliament assembled, and by the Authority

of

the

same, That in the Construction of

this

Act, unless there be some-

thing in the Subject or Context repugnant to such Construction,

The Word " Borough " shall mean the Borough of

Great

Grimsby;

The Word " Corporation" shall mean the Great Grimsby

Borough Council;

The Word " Freemen " shall mean the Freemen and Widows of

Freemen of

the

Borough;

The Expression " enrolled Freemen " shall mean the Freemen

whose Names are included in the Pastures Roll for the Time

being in force;

The Word " Pastures " shad mean such Parts of such Pastures

called the East

Marsh,

Little

Field,

and Hay Croft as have not

been purchased and taken by the

Manchester,

Sheffield,

and

Lincolnshire

Railway Company, with their Rights, Members,

and Appurtenances;

The Word " Mayor " shall mean the Mayor for the Time being of

the Borough;

The Expression " Clerk " shall mean the Clerk for the Time being

of the Enrolled Freemen;

The Expression " Borough Treasurer " shall mean the Borough

Treasurer for the Time being of the Borough;

The Word " Treasurer " shall mean the Treasurer for the Time

being of the Enrolled Freemen;

The Word " Month " shall mean Calendar Month;

Words importing the Singular Number only shall include the

Plural Number;

Words importing the Plural Number only shall include the Singular

Number; and

Words importing the Masculine Gender only shall include

Females.

Humberside

Act

1982

c. iii 97

II.

And be it

enacted, That

in

citing this

Act for any

Purpose

ScH c

whatsoever

it

shall

be

sufficient

to use the

Expression

"

The

Grimsby

_Co„,

Pastures Act, 1849."

Short

Title.'

III.

And be it

enacted, That

on the

Fifth

Day of

September

next clerk

after

the

passing

of

this

Act, and on the

Fifth

Day of

September

in

to

make

out

every succeeding Year,

the

Clerk shall make

out an

alphabetical List

of

Freemen

List

of

such

of

the Freemen

as are

then resident within

the

Borough, post the same

and paying Rates,

and are not

disqualified

as

hereinafter provided

for

which shall be'

being on

the

Pastures Roll,

and

shall post

a

Copy

of

such List

on

every open

to

Day during

the

Week next preceding

the

Fifteenth

Day of

September

Inspection.

in every Year,

and

shall keep

a

Copy

of

such List,

to

be perused by

any

Person, without Payment

of

any

Fee, at all

reasonable Hours between

the Fifth

and

Fifteenth Days

of

September {Sundays

excepted) in every

Year,

and

shall deliver

a

Copy

of

such List

to any

Person requiring

the same,

on

Payment

of

a Sum

not

exceeding 5p

for

each Copy.

IV.

And be it

enacted, That every Freeman whose Name

is

omitted Notices

of

from such List,

and who

claims

to

have

his

Name inserted therein,

Claims

and

shall,

on or

before

the

Fifteenth

Day of

September

in

every Year, give

°bJections-

Notice thereof

in

Writing

to the

Clerk,

and

every Freeman whose

Name

is

inserted

in

such List

may

object

to any

other Person

as not

being

entitled to have his Name retained in such List, and every Freeman

so objecting shall,

on or

before

the

Fifteenth

Day of

September

in

every Year, give Notice thereof

in

Writing

to the

Clerk,

and

also

give Notice thereof in Writing

to the

Person objected

to, or

leave such

Notice

for him at his

usual

or

last known Residence

in the

Borough.

V.

And be it

enacted, That

the

Clerk shall make

out an

alphabetical

Lists

of

List

of the

Names

of all

Freemen

so

claiming

to be

inserted,

and an

Clati!Tantj*

^l

alphabetical List

of the

Names

of all

Persons

so

objected

to, and a°d g^ *° '

shall post Copies

of

such Lists

on

every

Day

during

the

Eight Days Town Hall.

next preceding

the

First

Day of

October

in

every Year,

and

shall

keep Copies

of

such Lists,

to be

perused

by any

Person, without Copies of

such

Payment

of any Fee, at all

reasonable Hours during

the

Eight Days Lists

to be

(Sunday

excepted) next preceding

the

First

Day of

October

in

every kept

,or

Perusal-

Year,

and

shall deliver

a

Copy

of

each

of

such Lists

to any

Person

requiring

the

same,

on

Payment

of a Sum not

exceeding

5p for

each

Copy.

VI.

And be it

enacted, That

at the

Court held

by the

Mayor

for

List of

the Purpose

of

revising

the

List

of

Freemen

the

Clerk shall

in

every

^^t0

Year produce such List

of

Freemen,

and

Copies

of

such Lists

of

M^y0raty

Freemen claiming

and of

Persons objected

to, and the

Mayor shall Revision of

revise such List

of

Freemen;

and

such Court

and the

Mayor shall have List of

like Powers

of

revising such Lists,

and of

retaining

or

inserting

in or

Freemen.

expunging from such List

of

Freemen

the

Names

of any

Persons,

as

such Court

and the

Mayor respectively have with reference

to

such

List;

and the

revised List shall,

so far as

such Court

can

ascertain,

contain

the

Names

of

such

and of

such only,

of

the Freemen

as

were

on

the Fifth Day of

September

next preceding the Time of such Revision

resident within

the

Borough,

and

paying Rates,

and not

disqualified

as herein-after provided

for

being

on the

Pastures Roll.

VII.

And be it

enacted, That

the

Mayor shall

in

every Year deliver Clerk

to

the List

of

Freemen, revised

and

signed

by him, to the

Clerk, who {^J*}^

shall keep such List,

and

shall

in

every Year copy

the

same fairly

t0 ^ ^^ '

"

The

Pastures

Roll".

98 c. ui Humberside Act 1982

SCH.

5 and truly into One general alphabetical List in a Book, to be by him

—cont. provided for that Purpose, with every Name therein numbered, begin-

ning the Numbers from the first Name and continuing them in a

regular Series to the last Name, and shall complete such Book on or

before the Twenty-second Day of

October

in every Year, and shall

deliver such Book, together with the Lists, at the Expiration of his

Period of Office, to the Person succeeding him in such Office; and

every such Book in which the List of Freemen is copied shall be

called " The Pastures Roll," and the Persons named on such Roll

shall, to the Exclusion of all other Persons whomsoever, be entitled to

have and enjoy during the Year between the First Day of

November

inclusive in the Year wherein such Roll is made and the First Day of

November in the succeeding Year, subject to the Provisions in this

Act contained, and the Regulations made by virtue

thereof,

such

Rights of Pasturage on the Pastures as have heretofore been enjoyed

by the Freemen and Widows of Freemen of the Borough resident

within the Borough, and paying Rates, and such other Rights and

Interests and such Authorities as are by this Act given either expressly

or by Implication to the enrolled Freemen.

Disqualification

for being on

the Pastures

Roll.

VIII. And be it enacted, That any Freeman who shall have been

convicted of an arrestable Offence, shall not at any Time thereafter be

entitled to have his Name inserted in the Pastures Roll; and any

Freeman who within Twelve Months next before the Fifth Day of

September

in any Year shall not have been resident within the Borough,

or shall not have paid Rates within the Borough, shall not be entitled

to have his Name included in the Pastures Roll for the then next Year.

Meetings of

the enrolled

Freemen.

IX. And be it enacted, That the enrolled Freemen shall hold a

Meeting on the first Monday in

November

next after the passing of

this Act, and shall hold an annual Meeting on the first

Monday

in

the Month of

June

in the Year One thousand eight hundred and fifty,

and in every succeeding Year.

Special

Meetings of

the enrolled

Freemen.

X. And be it enacted, That the enrolled Freemen may from Time

to Time hold Special Meetings for the Transaction of any extraordi-

nary Business, and the Chairman or if there shall be no Chairman the

Clerk of the Enrolled Freemen may call any such Special Meeting at

any Time that he may think proper; and any Five Members of the

Pastures Committee, herein-after provided for may at any Time, by

Writing under their Hands, require the Chairman or if

there

shall be no

Chairman the Clerk of

the

Enrolled Freemen to call a Special Meeting,

and such Requisition shall fully express the Object of the Meeting

required to be called, and shall be delivered to or left at the usual

Residence of the Chairman or if there shall be no Chairman the Clerk

of the Enrolled Freemen; and forthwith upon the Receipt of such

Requisition the Chairman or if there shall be no Chairman the Clerk of

the Enrolled Freemen shall call a Special Meeting accordingly, and if

for Three Days after such Receipt the Chairman or if there shall be no

Chairman the Clerk of the Enrolled Freemen fail to call such Meeting

any Five Members of the Pastures Committee may call such Meeting,

by giving Notice as herein-after provided.

Humberside

Act

1982

c. iii 99

XI.

And be it

enacted, That

not

less than Three

nor

more than

SCH.

5

Seven clear Days Notice shall

be

given

of

every Meeting

of the

— cont.

enrolled Freemen,

and

every such Notice shall

be

signed

by the

Chair- Notice

of

man

or

if there shall

be no

chairman

the

Clerk

of

the

Enrolled Freemen

Meeti"8s-

or

the

Persons calling

the

Meeting,

and

shall

be

posted;

and

every

Notice

of a

Special Meeting,

and

every Notice

of an

Annual Meeting,

if any other Business than

the

Business hereby appointed

for

Annual

Meetings,

is to be

done thereat, shall specify

the

Business

to be

done

thereat.

XII.

And be it

enacted, that every Meeting

of

the enrolled Freemen

Time

and

shall

be

held

at

Noon

in

such convenient Place within

the

Borough £|ac®.for

as shall

be

appointed

by the

Chairman

or if

there

shall

be no

chairman eetings-

the Clerk

of the

Enrolled Freemen

or

other

the

Persons calling

the

Meetings,

or by

any previous Meeting,

and

be expressed

in the

Notice

for such Meeting.

XIII.

And be it

enacted, That

in

order

to

constitute

a

Meeting

of

Quorum of

the enrolled Freemen, whether annual

or

special,

not

less than Twenty Meetings-

enrolled Freemen shall

be

personally present,

and if

within

One

Hour

from

the

Time appointed

for

holding

the

Meeting such Number

of

enrolled Freemen

be not

present such Meeting shall

be

held

to be

adjourned

sine

Die.

XIV.

And be it

enacted, That every Meeting

of the

enrolled Free- Adjournment

men

may be

adjourned from Time

to

Time

and

from Place

to

Place,

of

Meetinss-

and, except

as

regards

any

Meeting adjourned

to a

later Hour

of the

same

Day or to the

adjourned Meetings shall

be

called

by Notice

as

herein-before provided

for, and

shall

be

deemed original

Special Meetings. *****

XVI.

And be it

enacted, That

the

Authorities

by

this

Act

given, Authorities

either expressly

or by

Implication,

to the

enrolled Freemen,

may be F^!Jj,°„ef0 ^

exercised

by the

enrolled Freemen present, either personally

or by

excised

at

Proxy,

at any

Annual

or

Special Meeting,

or any

Adjournment thereof Meetings.

respectively,

and not

declining

to act

thereat: Provided always, that

any Annual Meeting shall

not

enter

on any

special Business

but

such

as

is set

forth

in the

Notice

for

such Meeting,

and any

special Meeting

shall

not

enter upon

any

Business

but

such

as is set

forth

in the

Notice

for such Meeting,

and any

adjourned Meeting shall

not

enter

on any

Business

but

such

as

was left unfinished

at the

Meeting from which

the

Adjournment took place,

and

might have been transacted

at

such

Meeting.

XVII.

And be it

enacted, That

at

every Meeting

of the

enrolled ^^f1'"8?

Freemen such

of

them

as are Men

shall alone

be

allowed

to

vote

or

Meetings.

take part personally

in the

Proceedings;

and

every enrolled Widow

of

a Freeman

may

vote

by

Proxy, such Proxy being

an

enrolled Free-

man, authorized

by

Writing under

her

Hand;

and

every enrolled

Freeman present, either personally

or by

Proxy, shall

be

entitled

to

One Vote

and

every Question shall

be

determined

by the

Majority

of

the

Votes

of the

enrolled Freemen present, either personally

or by

Proxy,

and not

declining

to

vote thereon: Provided always, that

in

all Cases

of

Equality

of

Votes

at any

Meeting

the

Chairman shall have

a Second

or

casting Vote.

100 c. iii Humberside Act 1982

SCH. 5

—com.

Pastures

Committee

and Auditors

to be appointed

yearly.

As to

qualifications

of Auditors.

1948 c. 38.

XVIII. And be it enacted, That the enrolled Freemen at the first

Meeting after the passing of this Act, or some Adjournment

thereof,

shall, as the first Business of the Meeting after the taking of the Chair

thereat, appoint Fourteen of the enrolled Freemen to be a Committee

for the Purposes of this Act, and such Committee shall be called the

Pastures Committee, and shall, as the next Business of the Meeting,

appoint Auditors for the Purposes of this Act; and the enrolled Freemen

at the Annual Meeting in the Year One thousand eight hundred and

fifty, and at every subsequent Annual Meeting, or some Adjournment

thereof respectively, shall in like Manner appoint another like

Committee and other like Auditors: Provided always, that every

retiring Committee-man and Auditor respectively shall be eligible for

immediate Reappointment; provided also, that in case the enrolled

Freemen fail at any such Meeting, or at an Adjournment

thereof,

to

make any such Appointment, the enrolled Freemen may make the same

at any subsequent Special Meeting, or at an Adjournment

thereof;

provided also, that such Committee and Auditors respectively shall

remain in Office until the Appointment of their respective Successors.

XVIIIA. And be it enacted that no person shall be qualified to be

appointed an auditor for the purposes of

this

Act unless he is a member

or in the case of a firm all the partners therein are members of one or

more of the following bodies—

The Institute of Chartered Accountants in England and Wales;

The Institute of Chartered Accountants of Scotland;

The Association of Certified Accountants;

The Institute of Chartered Accountants in Ireland;

Any other body of accountants established in the United Kingdom

and recognised for the purposes of section 161 (1)

{a)

of the

Companies Act 1948 by the Secretary of State.

As

to Vacancies XIX. And be it enacted, That every Vacancy in the Office of

in Pastures Pasture Committee-man may be filled up by the enrolled Freemen, by

the Appointment at any Special Meeting, or an Adjournment

thereof,

of any enrolled Freeman to supply the same.

Committee.

Meetings and

Proceedings of

Pastures

Committee.

General

Powers of

Pastures

Committee.

XX. And be it enacted, That the Pastures Committee may meet

from Time to Time, and adjourn from Place to Place, as they think

proper, for the Purposes of their Appointment; and at any Time any

Two Members of such Committee may call or direct the Clerk to

call a Meeting of such Committee, but any Business shall net be

transacted except at a Meeting of such Committee at which Five

Members are present; and at all Meetings One of the Members

present shall be appointed Chairman; and all Questions shall be

determined by the Majority of the Votes of the Members present,

and in all Cases of Equality of Votes the Chairman shall have a

Second or casting Vote.

XXI. And be it enacted, That, subject to such Regulations and

Restrictions as the enrolled Freemen from Time to Time determine,

the Pastures Committee shall have the general Superintendence and

Management of the Affairs of the enrolled Freemen, and the Regula-

tion and the Occupation and Stocking of the Pastures, and shall from

Humberside Act 1982 c. iii 101

Time to Time make and enforce such Orders and Regulations as to

SCH.

5

the Number and Description of Cattle and Animals which the enrolled —com.

Freemen respectively shall be authorized to depasture in the Pastures,

and as to the good Management and Occupation of the Pastures, as

such Committee think right, and shall see that all the Resolutions of

the enrolled Freemen are duly carried into effect, and shall exercise,

in accordance with the Provisions of this Act, all such Authorities as

shall from Time to Time be by the enrolled Freemen delegated to them,

and shall, except in the Cases by this Act otherwise provided for, carry

the several Provisions of this Act into execution.

XXII. And be it enacted, That the Pastures Committee in every Pastures

Year at some of their Meetings shall appoint such Officers, besides the Committee to

Clerk and the Treasurer, as they think necessary for carrying this officers

Act into execution, and may from Time to Time discontinue the

Appointment of such Officers, and appoint others in their Place; and

such officers besides the Clerk and the Treasurer shall be paid such

reasonable Salaries or Allowances as the Pastures Committee shall

appoint.

XXIII. And be it enacted, That, subject to such Regulations and Contracts by

Restrictions as the enrolled Freemen from Time to Time deter- P,asture.s

mine, the Pastures Committee may at any of their Meetings enter

into all such Contracts and Agreements as they think advantageous

for the Purposes of this Act, and alter, rescind, and abandon, either

on Terms or gratuitously, as they think fit, any Contracts and Agree-

ments entered into by or with them for the Purposes of this Act: Pro-

vided always, that every such Contract and Agreement, and every

Alteration, Rescision, and Abandonment of any such Contract and

Agreement, respectively, shall be in Writing signed by Five or more

Members of the Pastures Committee, and countersigned by the

Clerk.

XXIV. And be it enacted, That in every Year the Pastures Com- Annual Report

mittee shall make to the Annual Meeting of the enrolled Freemen committee

a full Report of the Proceedings of the Pastures Committee during the

preceding Year, with all such Particulars as shall be proper for explain-

ing the Treasurer's Accounts and Balance Sheets, and for showing the

State and Prospects of the Pastures, and the Rents, Profits, and Pro-

ceeds

thereof,

and shall make to the Annual Meeting all such Explana-

tions as are required by any of the enrolled Freemen present thereat.

XXV. And be it enacted, That all Proceedings of the Pastures Validity of

Committee shall be valid, notwithstanding any mere Informality, and

^°ffedings

notwithstanding it may be afterwards discovered that there was some committee.

Defect in the Appointment of any Person to be a Member

thereof,

and notwithstanding any Vacancy in the Number of the Committee,

so as the Number thereof be not less than Nine.

XXVI. And be it enacted, That any Person, being or having been JJ^SUSM* °f

a Member of the Pastures Committee, shall not by reason of his Committees

lawfully exercising any of the Powers given to such Committee be Indemnified

subject to be sued, either alone or with any other Person being or

jj^11^018

execution of

this Act.

102 c. Hi Humberside Act 1982

SCH.

5 having been a Member of such Committee, by any Person whom-

—cont. soever, and all Persons, being or having been Members of such Com-

mittee, their Heirs, Executors, and Administrators, shall be indemni-

fied by and out of

the

Monies and Property in or to which the enrolled

Freemen are under this Act entitled or interested for all Payments

made and Liabilities incurred in respect of any Acts done or suffered

by the Pastures Committee in the Execution of this Act, and against

all Losses, Costs, and Damages which such Committee may incur in

or by reason of the Execution of this Act; and such Committee may

from Time to Time order the Application of such Monies and Property

for the Purposes of such Indemnity.

*****

XXVIII. And be it enacted, That Minutes of all the Proceedings

of the Meetings of the enrolled Freemen and of the Pastures Com-

mittee respectively shall from Time to Time be entered by the Clerk

of the Enrolled Freemen in Books to be provided for the Purpose,

which shall be kept at the office of the freemen; and every such Entry

shall, as soon as conveniently may be after the holding of the Meeting

at which the Proceedings took

place,

be

signed

by the

Chairman

thereof;

and every such Entry, so signed, shall be received as Evidence in all

Courts, and before all Judges, Justices and others, without Proof of

such Meeting having been duly called or held, or of the Persons

attending such Meeting having been enrolled Freemen or Members

of the Pastures Committee, or of the Signature of the Chairman, or of

the Fact of his having been Chairman, all which Matters shall be

presumed, until the contrary be proved; and such Books shall at all

reasonable Times be open to the Inspection of

every

enrolled Freeman;

and a Copy of the Minutes of every Meeting shall be made by the

Clerk, and be delivered by him to the Person who was the Chairman

thereof.

*****

XXX. And be it enacted, That all the Monies to be received under

or by virtue of

this

Act shall be paid to the Treasurer, and his Receipts

shall be absolute Discharges for the same, and from all Liability,

Claims, and Demands in respect

thereof;

and he shall keep distinct

Accounts, to be called " The Pastures Accounts," of all his Receipts

and Payments for or on account of the enrolled Freemen, and of all

such Credits and Liabilities, with reference to the carrying into execu-

tion of this Act, as the Pastures Committee shall from Time to Time

direct.

Regulation

as

XXXI. And be it enacted, That the Treasurer shall not pay any

jo Payments by Money without the Order of

the

Pastures Committee in Writing signed

Treasurer. by Three Members

thereof,

and countersigned by the Clerk, and

such Order shall be sufficient Warrant to the Treasurer to make

the Payments thereby directed.

Treasurers XXXII. And be it enacted, That the Treasurer shall in the Year

Accounts. One thousand eight hundred and forty-nine, and in every succeeding

Year, make up " The Pastures Accounts," and also the Accounts of

the enrolled Freemen's Fund, to the First Day of March and the

Minutes of

Proceedings

to be made by

Clerk.

Monies

received under

this Act to be

paid to the

Treasurer.

Humberside Act 1982 c. iii 103

First day of

September

in such Year, and shall deliver to the Auditors

SCH.

5

Copies of such Accounts and a Balance Sheet thereof respectively — cont.

within Fourteen Days after each of

such

Days, and shall, when required

by the Auditors, verify such Accounts, by producing the proper

Vouchers for the same.

XXXIII. And be it enacted, That it shall be the Duty of

the

Auditors Auditors

to receive from the Treasurer his Accounts and Balance Sheets, and Report.

to examine the same, and the Auditors shall either make a Special

Report on such Accounts, or simply confirm the same, and every such

Report or Confirmation shall be read at the Annual Meeting with the

Annual Report from the Pastures Committee.

XXXVII. The Pastures Committee may grant any Leases of all or Power to lease

any Part of

the

Pastures, either together or in such Lots as the Pastures the Pastures for

Committee think most beneficial for the Purposes of this Act, for any jg,^3" or

Term or Number of Years not exceeding Twenty-one Years at any

One Time; and the Pastures Committee may, by Writing under the

Hands of any Three Members of such Committee, let the same at

annual Rents from Year to Year or by the Year: Provided always,

that such Leases and Lettings respectively be made to take effect in

possession only, and without Fine or anything in the Nature

thereof,

and be made for the best yearly Rents, to be payable half-yearly or

oftener, that can be reasonably obtained for the same, and that the

Lessees execute Counterparts of their respective Leases, and that such

yearly Tenants respectively pay down One Half Year's Rent in advance.

XXXVIII. The Pastures Committee may appropriate the Pastures Power to

or any Part thereof for Building Purposes, and in order thereto lay out

^5^"

fen-

any Part thereof

as

Squares or other open Spaces, Roads, Ways, Sewers, Building

Drains, and Watercourses, and other Parts thereof

as

Lots for Building, Purposes.

or in such other Manner in all respects as the Pastures Committee

deem most advantageous for the Purposes of this Act, and repair,

alter, and improve any open Spaces, Roads, Ways, Drains, and Water-

courses in or upon the Pastures.

XXXIX. The Pastures Committee may sell, lease, or otherwise Power to sell

dispose of all or any Part of the Pastures to any Persons whomsoever, p"^^6

in such Manner, and on such Terms and Conditions, and with and

subject to such Covenants and Agreements, as the Pastures Committee

shall for the Time being deem most advantageous for the Purposes of

this Act, and for such Purposes may and shall from Time to Time,

enter into such Contracts and Arrangements as the Pastures Com-

mittee shall from Time to Time think proper; and any such Sale may

be either absolute and in consideration of a gross Sum, or in considera-

tion of any Ground Rent or other Rent or Reservation which the

Pastures Committee think fit, or in consideration partly of a gross Sum

and partly of any such Rent or Reservation, and any such Lease may

be for any Term or Number of Years, either absolute or conditional,

and either with or without Fine: Provided always, that any such Sale,

Lease, or other Disposition shall take effect in possession only; and

in every Deed or Lease by which any Rent shall be granted or reserved

104 c. in Hutnberside Act 1982

SCH. 5

—cont.

Contracts,

Sales,

and

Leases may be

made on Terms

approved by

Pastures

Committee,

but Leases not

to be renewable.

Certain

Covenants to

be inserted in

all Deeds

and Leases.

there shall be granted or reserved and made payable the best yearly

Rent which can at the Time of making or granting such Deed or Lease,

or the Contract or Arrangement for the making or granting of the same,

considering the Amount of the gross Sum or Fine, if any, to be paid

in respect

thereof,

and the Nature and Circumstances of the Case, be

reasonably obtained for the same, and the respective Purchasers and

Lessees shall execute Counterparts of the respective Deeds and Leases

by which any Rents are granted or reserved; provided also, that the first

Payment of the Rent to be granted or reserved by any Deed or Lease

may be made to commence and become payable on any Day not exceed-

ing Two Years and a Half from the Time of

the

making of

the

Contract

or Arrangement for such Deed or Lease, and may be made to increase

periodically, beginning with such Proportion of the full Rent to be

ultimately payable as shall be thought advisable, and increasing up to

the full Rent, as shall be found convenient or be thought proper, and

as shall be expressed in such Deed or Lease, regard being had to the

Circumstances of

the

Case.

XL.

The Pastures Committee shall make any Sales, Leases, Disposi-

tions,

Contracts, and Agreements under the Authority of this Act,

upon such Terms and Conditions, and subject to such Covenants and

Agreements, as well by or on behalf of the Pastures Committee as by

or on the Behalf of the Persons to or with whom the same shall be

respectively made, and otherwise, as the Pastures Committee deem

most advantageous for the Purpose of this Act: Provided always, that

such Leases and Contracts for Leases respectively be not made with

any Provision for the Renewal

thereof.

XLI. Provided also, and be it enacted, That in every Deed by

which any such yearly or other Rent or Reservation is reserved or

granted, and in every Lease respectively executed under the Authority

of this Act, there shall be contained on the Part of the Purchaser or

Lessee a Covenant for the due Payment of the Rent or Reservation

thereby respectively granted or reserved, and also a Proviso or Condition

that if the Rent thereby granted or reserved, or any Part

thereof,

be

at any Time in arrear for a Period (to be therein specified) not exceeding

One Year, and be not paid within a further Period (to be therein speci-

fied) not exceeding One Year after the same shall be demanded by a

Notice in Writing, to be delivered to the Purchaser or Lessee, his

Heirs,

Executors, Administrators, or Assigns, or to be affixed on

some conspicuous Part of the Premises comprised in such Deed or

Lease, or left with any Tenant or Occupier of such Premises, then and

as often as the same shall happen the lessor may enter into and upon

and repossess such Premises.

Sales,

Leases,

&c.

to be made

by public

Auction, of

which Notice

shall be given.

XLIII. Provided also, and be it enacted, That every Sale, Lease,

Letting, and other Disposition of the Pastures or any Part thereof

which shall be made under the Authority of this Act shall be made

by public Auction at some Meeting of the Pastures Committee, of

which Meeting and Auction One Calendar Month's Notice shall

be given by Writing fixed on or near the Town Hall, or in some other

public and conspicuous Situation within the Borough, and also by

Advertisement in Two or more Newspapers published in the County

of

Lincoln,

and circulated in the Borough, and such Auctions shall be

Humberside Act 1982 c. iii 105

holden subject to such Conditions, whether ordinary or special, and

SCH.

5

such reserved Biddings, as the Pastures Committee think most ad- —cont.

vantageous for the Purposes of this Act.

XLIV. Provided also, and be it enacted, That whenever any Lot In certain

shall be bought in at any such Auction, or not sold thereat, by reason Cases Sa,es and

of the reserved Bidding for the same not having been reached, the madTb'" **

Pastures Committee shall sell, lease, or let the same by private Contract

private

y

at some Meeting of the Pastures Committee after One Calendar Contract.

Month's Notice of such Meeting, and the Intention to make such

Sale,

Lease, or Letting thereat, given by Writing and Advertisement

as in the Case of an Auction, and stating that the highest Offer made

at such Meeting will be accepted, and such Meeting shall be open to

all Persons desirous of attending the same.

XLV. And be it enacted, That any Person who for the Time being

As

to

Sales

and

shall be One of the local Government Electors of the Borough, or Leases to

One of the enrolled Freemen, and whether or not he shall be One Members^f'the

of the Council or of the Pastures Committee, may purchase or take Corporation.

at any such Auction: Provided always, that in case any Lot shall at

any such Auction be knocked down to any Person being One of the

Council, or One of the Pastures Committee, or One of the enrolled

Freemen, such Committee shall give One Calendar Month's Notice

by Writing and Advertisement of a Meeting for confirming the Sale,

Lease, or Letting to such Person, and such Notice shall state the

Particulars of such Lot, and the Amount of the Bidding for the same

at which the same

was

so knocked down, and the Name and Description

of such Person, and the Fact of his being One of the Council, or One

of the Pastures Committee, or One of the enrolled Freemen, and that

if a higher Bidding be not offered at such Meeting for such Lot such

Sale,

Lease, Letting, or other Disposition to such Person will be

confirmed; provided also, that such Person shall not by himself or

his Agent attend such Meeting; provided also, that in case any person

shall at such Meeting offer such higher Bidding for such Lot, and shall

enter into a sufficient Contract to take the same at such higher Bidding,

in case the same be not, at such Auction as is next herein-after men-

tioned, sold, leased, let, or otherwise disposed of at an Increase on

such higher Bidding, such Sale, Lease, Letting, or other Disposition

to such first-mentioned Person shall not be so confirmed, but such

Lot shall again be offered at an Auction as by this Act provided.

XLVI. Provided always, and be it enacted, That in case at such where

no

new

Meeting some Person shall not offer such higher Bidding for such Offer at the

Lot, and enter into such sufficient Contract, such Sale, Lease, Letting, ^dti'n1|,existing

or other Disposition to such first-mentioned Person shall be confirmed, confined.

*****

XLIX. And be it enacted, That all such Monies as are from Time Application of

to Time received in respect of the yearly Rents and Profits of the £ents of the

Pastures, or such Parts thereof as for the Time being are let or leased, hastures-

or are sold or otherwise disposed of subject to any Ground Rent or

other Rent or Reservation, shall be appropriated and applied as

follows; to wit, first, there shall be paid thereout all such ordinary

Expenses of and incident to the carrying of this Act into execution

as

the Pastures Committee shall think fit; secondly,

One equal

Twentieth

106 c. iii Humberside Act 1982

SCH. 5

—cont.

Application of

Purchase

Monies

and

Fines for

Leases.

Part of the then Residue of such Monies shall be paid to the Borough

Treasurer, to the Credit of the General Rate Fund of the Borough,

and shall be disposed of accordingly; and, thirdly, the ultimate Surplus

of such Monies shall be appropriated as by this Act provided for the

enrolled Freemen.

L. And be it enacted, That all such Monies as are from Time to

Time received as the Purchase Money for any Part of the Pastures,

or as or by way of Fine for any such Lease or Disposition, shall be

applied as follows; to wit, first, there shall be paid thereout all such

Expenses of and incident to the carrying of this Act into execution

as are not otherwise paid or satisfied; secondly, One equal Twentieth

Part of the Residue of such Monies shall be appropriated for the

Corporation; and, thirdly, the ultimate Surplus of

such

Monies shall be

appropriated for the enrolled Freemen.

Enrolled

Freemen's

Fund.

Distribution

of

enrolled

Freemen's

Fund.

Order to be

made

for

Distribution.

LXII. And be it enacted, That in every Year commencing on the

First Day of

November

the Share of the Monies received in respect

of the yearly Rents and Profits of the Pastures which shall during

such Year be appropriated as herein-before directed for the enrolled

Freemen, and the yearly Rents and Profits of all Lands conveyed to

and holden for the Benefit of the enrolled Freemen which shall be

received during such Year, shall be paid to the Treasurer, and the

same, and the Dividends, Interest, and annual Proceeds paid during

such Year to the Treasurer for the Benefit of the enrolled Freemen,

as herein-before directed, shall be applied, in the first instance, in

Payment of the Salaries and Allowances under this Act during such

Year of the Clerk, the Treasurer, and the Officers appointed by

the Pastures Committee, and such other Expenses, if any, during such

Year of carrying this Act into execution as are not thereby otherwise

provided for, and the Surplus thereof shall form a Fund, to be called

the Enrolled Freemen's Fund, and shall be carried by the Treasurer

to a distinct Account accordingly.

LXIII. And be it enacted, That the Amount of the enrolled Free-

men's Fund for every Year commencing on the First Day of

November

shall be divisible in equal Shares between the Persons who during such

Year are the enrolled Freemen, and shall be paid to them, or their

respective Executors, Administrators, or Assigns, by half-yearly

Payments, on such Days as the Pastures Committee shall from Time

to Time appoint, and in default of such Appointment the first

half-

yearly Payment thereof

shall

be made on the Fifteenth Day of November

in such Year, and the second half-yearly Payment thereof shall be made

on the Fifteenth Day of May next after such Year.

LXIV. Provided always, and be it enacted, That any half-yearly

Distribution of the enrolled Freemen's Fund shall not be made except

in pursuance of an Order of the Pastures Committee, in Writing

signed by Three of the Members of such Committee, and counter-

signed by the Clerk, and forthwith after the making of any such Order

the Clerk shall deliver the same to the Treasurer, and shall post a Copy

thereof;

and after the Receipt by the Treasurer of such Order he shall,

on Demand, make the half-yearly Distribution and Payment of the

enrolled Freemen's Fund accordingly, but without Interest in respect

of any Time elapsed before due Demand for Payment.

Humberside Act 1982 c. iii 107

LXV. Provided also, and be it enacted, That whenever any Share

SCH.

5

of the enrolled Freemen's Fund to which any enrolled Freeman, —cont.

his Executors, Administrators, or Assigns, is or are entitled, is not Right of

Shares

duly demanded within Six Years next after the half-yearly Day on unclaimed for

which the same became payable, bis or their Right to such Share shall six Years t0

on the Expiration of such Six Years absolutely cease, and the same cease"

shall be added to and be distributed as Part of the enrolled Freemen's

Fund for the Year in or with which such Six Years expired.

LXVI. And be it enacted, That after the passing of this Act the Limitation of

Corporation shall not have any other Estate, Right, Interest, orthe

Rights

of

Authority in, to, over, or in respect of the Pastures, or the Rents, and<TheP°ratl0n

Profits, or Proceeds

thereof,

or any Part of the same respectively, than Freemen.

such Estate, Right, Interest, and Authority in, to, over, and in respect

of the same respectively as the Corporation may lawfully claim by

virtue of this Act; and any Person, being or claiming to be a Freeman,

shall not, unless and except only in respect of his being or being entitled

under this Act to be an enrolled Freeman, have any Right, Interest, or

Authority in, to, over, or in respect of the Pastures, or the Rents,

Profits, or Proceeds

thereof,

and any Person, being or being entitled

under this Act to be an enrolled Freeman, shall not have any other

Right, Interest, or Authority in, to, over, or in respect of the Pastures,

or the Rents, Issues, Profits, or Proceeds

thereof,

or any Part of the

same respectively, than such Right, Interest, and Authority in, to,

over, and in respect of the same respectively as he may lawfully claim

by virtue of this Act.

LXIX. And be it enacted, That the Court of Chancery may from

Orders

of Court

Time to Time, upon the Petition of the Corporation, or of the of Chancery on

Pastures Committee, or of any other Party interested, to be presented ^nf^'way.

in a summary Way, make such Orders as the Court think meet for

carrying into effect any of the Provisions or Purposes of this Act,

and for ascertaining, taxing, settling, and providing for the Payment

of all Costs and Expenses by this Act authorized to be paid, and the

Costs and Expenses of and incident to the Application to such Court.

LXXI. And be it enacted, That every List, Copy, and Notice Posting Lists

required by this Act to be posted shall be posted by fixing the same j^n ^jalf &c

on or near the outer Door of the Town Hall, or in some other public

and conspicuous Situation within the Borough.

LXXVI. And be it enacted, That every Order, Regulation, Bye Proceedings

Law, Contract, Letting, Lease, Sale, and other Disposition, Act, and

"n^rihenAct

Thing whatsoever, which shall be made, done, and executed respec-

p°

^j^

a

tively in pursuance of the Provisions of this Act, shall be absolutely interested.

valid and binding at Law and in Equity upon the Corporation, and

all Persons for the Time being claiming any Estate, Interest, Right,

or Charge, at Law or in Equity, in, upon, to, or affecting the Pastures,

or the Rents, Profits, or Proceeds

thereof.

108 c. iii Humberside Act 1982

SCH. 5

—cont.

General Saving.

LXXVII. Saving always to the Queen's most Excellent Majesty,

Her Heirs and Successors, and all and every other Person and Persons,

Bodies Politic, Corporate, and Collegiate, and their respective Heirs,

Successors, Executors, and Administrators, (other than and except

the Corporation of the Borough, and their Successors, and the Freemen

and Widows of Freemen of the Borough, and their respective Heirs,

Executors, and Administrators,) all such Estates, Rights, and Interests

as they or any of them had enjoyed before the passing of this Act, or

could or ought to have had in case this Act had not been passed.

1949ex. GRIMSBY CORPORATION ACT 1949

AN ACT to regulate and define the position of the Mayor Aldermen

and Burgesses of the Borough of Grimsby in relation to the acqui-

sition of lands held for the benefit of the Enrolled Freemen of the

said Borough and subject to the provisions of the Grimsby Pastures

1849

c.

xvi.

Act 1849; to relieve the said Mayor Aldermen and Burgesses from the

duties of trusteeship in relation to such lands; to amend the said

Act; to provide for the discontinuance of the Freemen's Grammar

Schools in Grimsby; and for other purposes.

[31ST

MAY

1949.]

Short and

collective

titles.

Interpretation

May it therefore please Your Majesty that it may be enacted and

be it enacted by the King'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:—

1.

This Act may be cited as the Grimsby Corporation Act 1949

and The Grimsby Pastures Act 1849 and this Act may be cited together

as the Grimsby Pastures Acts 1849 and 1949.

2.—(1) In this Act the following expressions shall have the following

meanings unless there be something in the subject or context repugnant

to such construction:—

" The Act of 1849 " means The Grimsby Pastures Act 1849;

" The borough " means the borough of Great Grimsby;

" The borough treasurer " means the borough treasurer of the

borough;

" The Corporation " means the Great Grimsby Borough Council;

" Enactment" includes any Act of Parliament whether public

general local or private any order or other instrument made

under an Act of Parliament or any provision in an Act of

Parliament or in any such order or other instrument;

" The Freemen " " the Enrolled Freemen " and " the Pastures "

have the respective meanings assigned to those expressions

by the Act of 1849;

Humberside Act 1982 c. iii 109

" Functions " includes powers and duties;

SCH.

5

" Land " includes any interest in land and any easement or right —ont.

in to or over land;

"The Pastures Committee" means the Pastures Committee of

the Enrolled Freemen appointed under the Act of 1849.

(2) Any reference in this Act to any enactment shall be construed

as a reference to that enactment as applied extended amended or

varied by or by virtue of any subsequent enactment including this

Act.

3.

Nothing in the Act of 1849 or in the relation of trusteeship which

As

to

the Corporation have held under that Act towards the Enrolled acquisition by

Freemen shall prevent interfere with or prejudice the grant to the lanTwMtoVe

Corporation in pursuance of the provisions of any enactment of

Pastures.

authority or power to acquire whether by compulsion or by agreement

any part of

the

Pastures or the exercise by the Corporation of

any

such

authority or power which may be or become vested in them in pursuance

of the provisions of any enactment.

5.

On the application of the Pastures Committee and in pursuance Pastures

of an order of the Charity Commissioners for the purpose of com- Comm'ttee to

pleting or implementing any lawful sale exchange lease mortgage

or^affyofc'on

charge of or other dealing with the Pastures or any part thereof or Official Trustee

any other property or any rights for the time being vested in the Official of Charity

Trustee of Charity Lands for the purposes and subject to the unrepealed Lands'

provisions of

the

Act of

1849

or otherwise for the benefit of the Enrolled

Freemen such conveyances leases mortgages charges or other instru-

ments as the Pastures Committee may properly require for that purpose

shall be executed by the Pastures Committee in the name and on behalf

of

the

said Official Trustee.

g Chairman of

* * * * * meetings of

Enrolled

(2) At any time a meeting of the Enrolled Freemen may by Freemen and

resolution appoint a person who for the time being is an Enrolled conirnlttee.

Freeman to act as Chairman of the Enrolled Freemen. The person

so appointed shall if present preside at all meetings of the Enrolled

Freemen until the expiration of such period as may be specified in

that behalf in the resolution or any earlier date at which he shall cease

to hold office by reason of death or resignation or by reason of his

ceasing to be an Enrolled Freeman or being removed from office by

resolution of a meeting of the Enrolled Freemen. Upon the occurrence

of any vacancy in such office of Chairman of the Enrolled Freemen

another such appointment may be made to that office.

(3) At any meeting of the Enrolled Freemen before a person is so

appointed to act as Chairman or during any vacancy in the office of

Chairman or if the Chairman is not present at the meeting a Member

of the Pastures Committee to be elected by the meeting or if all the

members of that Committee are absent another person being an

Enrolled Freeman to be elected by the meeting shall preside.

110

C.

HI Humberside Act 1982

SCH. 5

—cont.

Treasurer of

Enrolled

Freemen.

Clerk of

Enrolled

Freemen.

(4) The Pastures Committee shall from time to time appoint one

of their number to act as Chairman for such period as may be specified

in the resolution of appointment.

7.—

(2) The Pastures Committee shall appoint a person to act as

treasurer for the purposes of the Act of 1849 and upon the occurrence

of any vacancy in the office of such treasurer the Pastures Committee

shall appoint another person to act as such treasurer.

(3) The treasurer so appointed shall perform all the duties which

under the unrepealed provisions of the Act of 1849 are assigned to

the treasurer.

(4) The Pastures Committee shall determine the conditions of

employment of any person appointed as treasurer in pursuance of this

section including the amount of his remuneration.

8.—

(2) The Pastures Committee shall appoint a person to act as

clerk to the Enrolled Freemen and the Pastures Committee and upon

the occurrence of any vacancy in the office of such clerk the Pastures

Committee shall appoint another person to act as such clerk.

(3) The clerk shall perform all the duties which under the unrepealed

provisions of

the

Act of 1849 are assigned to the clerk.

(4) The Pastures Committee shall determine the conditions of

employment of any person appointed as clerk to the Enrolled Freemen

in pursuance of this section including the amount of

his

remuneration.

Right of access

to accounts of

Enrolled

Freemen.

10.

The borough treasurer and any auditor of the accounts of the

Corporation and their respective assistants shall be entitled at any

reasonable times to have access to and to inspect and to take extracts

from any account books deeds contracts accounts vouchers and receipts

relating to the accounts of the Enrolled Freemen for the purpose of

ascertaining or verifying the correctness of any sums payable to the

Corporation in pursuance of the provisions of the Act of 1849.

Saving for

jurisdiction of

High Court and

Charity

Commissioners.

17.

Subject to the express provisions of this Act nothing in this

Act shall be held to interfere with the ordinary jurisdiction over

endowed charities now exerciseable or hereafter to become exerciseable

by the High Court of Justice

the

Charity Commissioners and

the

Minister

of Education.

* * * * *

Hwnberside Act 1982 c. m 111

SCHEDULE 6

SECTIONS OF ACT OF 1936 APPLIED

Section

95.

Section

275

276

283 (1)

285

291

297

304

328

341

Marginal note

Power of

local

authority to execute certain works on behalf

of owners or occupiers.

Powers of local authority to sell certain materials.

Notices to be in writing; forms of notices, &c.

Service of notices, &c.

Certain expenses recoverable from owners to be a charge

on the premises: power to order payment by instalments.

Continuing offences and penalties.

Judges and justices not to be disqualified by liability to

rates.

Powers of Act to be cumulative.

Power to apply provisions of Act to Crown property.

c. iii Humberside Act 1982

SCHEDULE 7

TRANSITIONAL PROVISIONS AND SAVINGS

1.

In so far as anything done under a statutory provision in force in

any area which is repealed by this Act could have been done under

any provision of this Act relating to the same matter in the same area,

it shall not be invalidated by the repeal but shall have effect as if done

under that last-mentioned provision.

2.

Where an instrument or document refers, either expressly or by

implication, to a statutory provision in force in any area which is

repealed by this Act, the reference shall, except where the context

otherwise requires, be construed as, or as including, a reference to

any provision of this Act relating to the same matter in the same area.

3.—(1)

Anything begun under a statutory provision repealed by this

Act may be continued under any provision of this Act relating to the

same matter as if begun under that last-mentioned provision.

(2) Where any period of time specified in, or having effect in relation

to,

a statutory provision repealed by this Act is current at the date of

the coming into operation under this Act of any provision thereof

relating to the same matter, that provision of this Act shall have effect

as if it were in force when that period began to run.

4.

For the purpose of any provision of this Act specifying penalties

for a second or subsequent offence, a previous conviction under a

statutory provision repealed by this Act creating the like offence shall

be taken as an offence under that provision of this Act.

5.

Where an Act or Order

is

repealed by this Act subject

to

exceptions

and a provision included in the repeal is material for the interpretation

of a provision excepted from the repeal, the repeal shall not affect the

interpretation of the excepted provision.

Humberside Act 1982 c. Hi 113

SCHEDULE 8

ENACTMENTS REPEALED

Section

102

(2).

PART I

LOCAL ACTS

Title or short title

0)

An Act for cleansing, deepening

and widening a creek, called

Beverley Beck, running into the

River Hull, and for Repairing the

Staiths near the said Beck, and

for Amending the Roads leading

from the said River to the Town

of Beverley in the East Riding of

the County of York, and for

cleansing the Streets of the said

Town

An Act for more effectually Clean-

sing, Deepening, Widening, and

Preserving a Creek called

Beverley Beck, running into the

River Hull; and for more effect-

ually Repairing the Staiths near

the said Beck, and the Roads

leading from the said River to

the Town of Beverley, and for

Cleansing the Streets of the said

Town; and for regulating the

Carriages to and from the said

Beck, and the River Hull

An Act for dividing and inclosing

the Open Common Fields,

Meadows, Pastures, and other

Commonable Lands and Waste

Grounds, in the Lordship of

Scartho, in the County of

Lincoln

An Act for repairing, altering, and

widening the Road from a Lane

called Back Lane, in the Parish

of Scartho, to Hollowgate Head,

in the Parish of Louth, in the

County of Lincoln

An Act for lighting, watching, and

regulating the Streets and Lanes,

and other public Passages and

Places in the Town of Beverley,

in the County of York

Extent of repeal

(2)

The whole Act.

1726

c.

4.

The whole Act.

1744

c.

13.

The whole Act. 1795 c. lxvi.

The whole Act.

1803 c. cxxxiii.

1808

c. lxxxvii.

114 c. Hi

Humberside

Act 1982

SCH. 8

—cont. Short title

(1) Extent of repeal

(2)

1825

c. cxxxviii. An Act to amend and enlarge the

Powers of an Act passed in the

Forty-eighth Year of the Reign

of His late Majesty King George

the Third, for lighting, watching,

and regulating the Streets, Lanes,

and other public Passages and

Places within the Town of Beverley

in the County of York

An Act for dividing, inclosing, and

exonerating from Tithes Lands

in the Parish of Great Grimsby

in the County of Lincoln

An Act for inclosing Lands in the

Parish of Clee in the County of

Lincoln

1846

c.

cxvii.

Great Grimsby Gas Act 1846

1849

c.

xvi.

Grimsby Pastures Act 1849

1827

c.

18.

1842

c.;.

The whole Act.

Sections XLVIII, LI to LXI, LXXII

to LXXV and LXXVIII.

In section VI the words " and

Assessors" in both places where

they occur; the words "of the

Borough " where they first occur;

the words from " in the Manner"

to the words " List of the

Borough "; the word " Burgesses "

and the words from " and all the

Powers " to the word " Freemen "

where it fifthly occurs.

In section VIII the words " or who

shall have received Parochial Relief

from the Parish of Great Grimsby "

and the words " have received

Parochial Relief from any other

Parish than Great Grimsby, or

shall".

In section XVUI the words " Three

others of the enrolled Freemen to

be".

In section XIX the words "and

Auditor respectively ".

In section XXXIX the words "for

Building purposes " and " and the

Rent granted or reserved by any

such Deed or Lease be made

payable quarterly or oftener ".

In section L the words "as by this

Act provided" in both places

where they occur.

In section LXVI the words from " or

such" where they first occur to

the word

"thereof"

where it

secondly occurs; the words from

" or such " where they secondly

Humberside Act 1982 c. in 115

Short title

(1)

Great Grimsby Improvement Act

1853.

Great Grimsby Gas Act 1867

Humber Conservancy Act 1868 ...

Grimsby Improvement Act 1869 ...

Great Grimsby Street Tramways

Act 1879

Goole and District Gas and Water

Act 1881

Driffield Water Act 1882 ...

Hull

(Drypool) Bridge and Improve-

ments Act 1885

Bridlington Gas Act 1886

Grimsby Extension and Improve-

ment Act 1889

Bridlington Local Board Act 1889

Bridlington Local Board Act 1894

Bridlington Water Act 1895

Kingston-upon-Hull Corporation

Act 1897

Great Grimsby Street Tramways

Act 1899

Great Grimsby Street Tramways

Act 1900

Kingston-upon-Hull Corporation

Act 1901

Cleethorpes Improvement Act 1902

Bridlington Corporation Act 1904

Great Grimsby Gas Act 1910

East Riding County Council Act

1910

Extent of repeal

(2)

SCH. 8

—cont.

occur to the word " Annuities "

where it secondly occurs and the

words from " or such " where they

thirdly occur to

the

word "

thereof"

in the last place where it occurs.

In section LXXVI the words from

" or sum " onwards.

In section LXXVII the words from

" and the" where they secondly

occur to the word " Parish " where

it secondly occurs.

The whole Act.

1853

c. xxx.

The whole Act except sections

1

and 8

1867

c. xc.

and the Schedule.

Section 29.

1868

c. lviii.

The whole Act. 1869 c. x.

The whole Act.

1879

c.

1881

c.

The whole Act except sections 38, 39,

56,

58 and 59, the sections referred

to in Part IV of this Schedule and

the First Schedule.

The whole Act except sections

1

and 6 1882 c. cl

and the section referred to in

Part IV of this Schedule.

The whole Act.

CXXV1I.

Ixxx.

The whole Act except sections 1 and

56 and the Schedule and the section

referred to in Part IV of this

Schedule and, so far as they are

relevant, sections 3 and 4.

The whole Act.

Part III.

1885

c.

1886

c.

clxxi.

xxxv.

The whole Act.

1889

c.

1889

c.

1894

c.

1895

c.

1897

c.

1899

c.

1900

c.

XXXIV.

cxxiii.

lxiv.

cxv.

ccxlix.

clvii.

cxxxvi.

Section 6 and so much of that Act

as relates to the bridge authorised

1901

c. cxxiv.

by that section.

The whole Act.

1902

c. cliv.

The whole Act.

1904

c. ccxxii.

The whole Act except sections 1, 3

1910

c. xlix.

and 18, the section referred to in

Part IV of this Schedule and the

Second Schedule.

The whole Act.

1910

c.

cxviii.

116 c. iii

Humberside

Act

1982

1911

1912

1920

1921

1925

1926

1927

1928

1929

1933

SCH. 8

—cont.

c. Ixxviii

c. clxv.

c. Ixv.

c. Ixxvi.

c. cxi.

c. lxxiv.

c. lxxvii.

c. Ixxvi.

c. Ixxxiv.

c. lxxiii.

Short title

(1)

1937

c.

xli.

1948

c. li.

1948

c. Iii.

1949

c.

x.

Hornsea Urban District Council

Act 1911

Great Central Railway (Grimsby

Fish Dock) Act 1912

Bridlington Corporation Act 1920

Grimsby Corporation Act 1921 ...

Boothferry Bridge Act 1925

Kingston upon Hull Corporation

Act 1926

Grimsby Corporation Act 1927 ...

Cleethorpes Urban District Council

Act 1928

Grimsby Corporation (Dock &c.)

Act 1929

Bridlington Corporation Act 1933

Grimsby Corporation (Grimsby

Cleethorpes and District Water

&c.) Act 1937

Beverley Corporation Act 1948 ...

West Riding County Council

(General Powers) Act 1948

Grimsby Corporation Act 1949 ...

Extent of repeal

(2)

The whole Act.

So much of that Act as relates

Works Nos. 1 to 4 authorised

that Act.

The whole Act.

to

by

1951

c. xliii. West Riding County Council

(General Powers) Act 1951

The whole Act except sections

1

to 4,

7,

8, 12 to 17, 22, 33, 34 and 63

and the Second Schedule and the

Third Schedule.

The whole Act except the section

referred to in Part IV of this

Schedule.

The whole Act except sections 1, 4,

48,

51 to 53, 58, 72, 78, 91, 93,

129,

174 and 175 and the section

referred to in Part IV of this

Schedule.

The whole Act.

In section 2 the definitions of " The

Act of

1933",

"The appointed

day " and " The town clerk ".

Section 4.

In section 6 subsection (1) and in

subsection (2) the words " after the

appointed day ".

In section 7 subsection (1); in sub-

section (2) the words " Before the

appointed day", " from the

appointed day" and "after the

appointed day "; in subsection (3)

the words from " of the borough "

where they first occur onwards.

In section 8 subsection (1); in sub-

section (2) the words " Before the

appointed day", " from the

appointed day" and " after the

appointed day "; in subsection (3)

the word " town" where it first

occurs and the words from " and

as from " onwards.

Sections 9, 11 to 16, 18 and 19 and

the Schedules.

The whole Act.

Humberside Act 1982 c. in 117

Short title

(1)

Kingston upon Hull Corporation

Act 1952

Grimsby Corporation Act 1962 ...

West Riding County Council

(General Powers) Act 1964

Kingston upon Hull Corporation

Act 1967

West Riding County Council Act

1970

Lindsey County Council Act 1970

Grimsby Corporation Act 1970 ...

Scunthorpe Corporation Act 1971

Extent of repeal

(2)

Part III and paragraphs (2) to (7) of

section 113.

The whole Act.

So much as relates to Works Nos. 2

and 3 authorised by that Act,

section

33,

Part V1H and section 90.

The whole Act.

The whole Act except sections 1, 2,

84 to 87 and 100 and Schedule 2.

SCH. 8

—cont.

1952

c. xliii.

1962

c. xxvi.

1964

c. xxxix.

1967

c. xxxiii

1970

c.

xxv.

1970

c. lxiii.

1970

c. lxxxii

1971

c. Ixviii.

PART II

CONFIRMATION ACTS AND ORDERS

Short title

(1)

Public Health Supplemental Act 1851 (No. 2)

Local Government Supplemental Act 1865 ...

Local Government Board's Provisional Orders

Confirmation (Bridlington, &c.) Act 1877

Local Government Board's Provisional Orders

Confirmation (Abingdon, &c.) Act 1880

Gas and Water Orders Confirmation (No. 2)

Act 1885

Tramways Orders Confirmation (No. 1) Act

1886

Local Government Board's Provisional Orders

Confirmation Act 1887

Local Government Board's Provisional Orders

Confirmation (No. 15) Act 1980

Local Government Board's Provisional Orders

Confirmation (No. 12) Act 1981

Local Government Board's Provisional Order

Confirmation (No. 3) Act 1893

Electric Lighting Orders Confirmation (No. 2)

Act 1894

Local Government Board's Provisional Orders

Confirmation (No. 4) Act 1896

Tramways Orders Confirmation (No. 2) Act

1897

Extent of repeal

(2)

The Order relating to

Beverley.

The Order relating to

Bridlington.

The Order relating to

Bridlington.

The Order relating to

Beverley.

The Great Grimsby Gas

Order 1885.

The Great Grimsby Street

Tramways (Cleethorpes

Extension) Order 1886.

The Order relating to

Bridlington.

The Borough of Grimsby

Order 1890.

The Order relating to

Grimsby.

So much as relates to

Bridlington.

The Grimsby (Corpora-

tion) Electric Lighting

Order 1894.

The Goole Order 1896.

The Great Grimsby Street

Tramways Extension

Order 1897.

1851

c.

1865

c.

1877

c.

1880

c.

1885

c.

1886

c.

1887

c.

1890

c.

1891

c.

1893

c

1894

c

1896

c

1897

c

98.

24.

cxxv.

xxxv i

lxiv.

x.

xlix.

cciv.

clviii.

ex.

1.

xxix.

clii.

118 c. 111 Humberside Act 1982

SCH. 8

—cont.

1899 c

1900 c.

1902 c.

1907 c.

1908 c.

1909 c.

1909 c

1910 c

1912

c

1915 c

1916 c

1921 c

cix.

xxii.

xlviii.

ccix.

cxiv.

civ.

clix.

cxliii.

cxvii.

cxli.

lxxxii.

cxxvii

xxxiv.

xxix.

xviii.

S.R.

&

O.

1921/2087.

1923 c

1924 c

1925 c

xliv.

lxiii.

xvii.

XX.

Short title

(1)

1930

c.

1932 c. liii.

1934 c. lxxxi.

Local Government Board's Provisional Orders

Confirmation (No. 3) Act 1899

Electric Lighting Orders Confirmation

(No.

2) Act 1900

Electric Lighting Orders Confirmation (No. 4)

Act 1900

Local Government Board's Provisional Orders

Confirmation (No. 7) Act 1902

Electric Lighting Orders Confirmation (No. 3)

Act 1907

Local Government Board's Provisional Orders

Confirmation (No. 5) Act 1907

Local Government Board's Provisional Orders

Confirmation (No. 9) Act 1907

Local Government Board's Provisional Orders

Confirmation (No. 2) Act 1908

Local Government Board's Provisional Orders

Confirmation (No. 1) Act 1909

Electric Lighting Orders Confirmation

(No.

1) Act 1909

Local Government Board's Provisional Orders

Confirmation (No. 5) Act 1910

Local Government Board's Provisional Orders

Confirmation (No. 1) Act 1912

Local Government Board's Provisional Orders

Confirmation (No. 2) Act 1915

Local Government Board's Provisional Orders

Confirmation (No. 4) Act 1916

Ministry of Health Provisional Orders Con-

firmation

(No.

2) Act 1921

Great Grimsby Gas (Charges) Order 1921 ...

Ministry of Health Provisional Order Con-

firmation (Bridlington Extension) Act 1923

Ministry of Health Provisional Orders Con-

firmation

(No.

9) Act 1923

Ministry of Health Provisional Orders Con-

firmation (No. 5) Act 1924

Ministry of Health Provisional Orders Con-

firmation

(No.

1) Act 1925

Ministry of Health Provisional Orders Con-

firmation (Chippenham and Grimsby) Act

1930

Buckrose and District Electricity Special Order

1930

Ministry of Health Provisional Orders Con-

firmation (Bridlington and Wells) Act 1932

Public Works Facilities Scheme (Kingston upon

Hull Corporation Sutton Road Bridge) Con-

firmation Act 1934

Extent of repeal

(2)

The Grimsby Order 1899.

The Cleethorpes Electric

Lighting Order 1900.

The Bridlington Electric

Lighting Order 1900.

The County of the West

Riding of Yorkshire

Order 1902.

The Grimsby Electric

Lighting (Extension)

Order 1907.

The Scunthorpe Order

1907.

The Goole Joint Hospital

Order 1907.

The Bridlington Order

1908.

The Bridlington Order

1909.

The Cleethorpes Electric

Lighting (Amendment)

Order 1909.

The Scunthorpe Order

1910.

The Cleethorpe with

Thrunscoe Order 1912.

The Bridlington Order

1915.

The Hedon Order 1916.

The Cleethorpes Order

1921 and the Goole

Joint Hospital Order

1920.

The whole Order.

The whole Act.

The Goole Order 1923.

The Bridlington Order

1924.

The County of the East

Riding of 'Yorkshire

Order 1925.

The Grimsby Order

1930.

The whole Order.

The Bridlington Order

1932.

The whole Act.

Humberside Act 1982 c. Hi 119

Short title

(1)

Grimsby Corporation (Trolley Vehicles) Order

Confirmation Act 1936

Cleethorpes Corporation (Trolley Vehicles)

Order Confirmation Act 1937

Ministry of Health Provisional Order Con-

firmation (Hornsea) Act 1937

Ministry of Health Provisional Order Con-

firmation (Bridlington) Act 1937

Grimsby, Cleethorpes and District Water

Board Order 1947

Bridlington Corporation (Water Charges)

Order 1958

Bridlington Corporation Water Order 1958 ...

Grimsby (Extension) Order 1958

East Yorkshire (Wolds Area) Water Board

Order 1961

East Yorkshire (Wolds Area) Water Board

Order 1963

Grimsby Order 1967

Extent of repeal

(2)

The whole Act.

The whole Order.

SCH. 8

—cont.

1936

c. Ixxxix.

1937

c.

Ix.

1937

c. Ixxxvi.

1937

c.

cv.

S.R.

&

O.

1947/97.

S.I. 1958/216.

S.I. 1958/440.

S.I. 1958/463.

The whole Order except S.I. 1961/2399.

sections

1

to 3,28 and

2S

and Schedules 3 and 4

Section 3.

The whole Order.

S.I. 1963/339.

S.I. 1967/1820

PART III

ENACTMENTS CORRESPONDING TO SECTION 13 OF THIS ACT THE REPEAL

OF

WHICH DOES NOT TAKE EFFECT UNTIL THE RELEVANT DAY AS DEFINED

IN

THE SAID SECTION 13

Grimsby Corporation Act 1962, section 17.

1962

c. xxvi.

West Riding County Council (General Powers) Act 1964, section

31.

1964 c. xxxix.

Kingston upon Hull Corporation Act 1967, section 53.

1967

c. xxxiii.

PART IV

ENACTMENTS FOR THE BENEFIT OF THE BRITISH RAILWAYS BOARD

EXCLUDED FROM REPEAL

Enactment

(1)

Goole and District Gas and Water Act 1881 ...

Driffield Water Act 1882

Bridlington Gas Act 1886

Great Grimsby Gas Act 1910

Bridlington Corporation Act 1933

Grimsby Corporation (Grimsby Cleethorpes

and District Water &c.) Act 1937

Extent of exclusion

(2)

Sections 51 to 53, 55 and

57.

Section 9.

Section 60.

Section 46.

Section 23.

Section 178.

1882 c. cl.

1886 c. xxxv.

1910 c. xlix.

1933 c. lxxiii.

1937 c. xli.

0O3

PRINTED IN ENGLAND BY OYEZ PRESS LIMITED

FOR W. J. SHARP

Controller and Chief Executive of Her Majesty's Stationery Office and

Queen's Printer of Acts of Parliament

Jurisdiction	UK Non-devolved
Citation	1982 c. iii

Humberside Act 1982

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