West Midlands County Council Act 1980

JurisdictionUK Non-devolved
Citation1980 c. xi
Year1980
c.
xi
ELIZABETH H
1980 CHAPTER xi
An Act to re-enact with amendments and to extend
certain local enactments in force within the county
of West Midlands; to confer further powers upon the
West Midlands County Council, the Birmingham City
Council, the Coventry City Council, the Borough
Council of Dudley, the Sandwell Borough Council,
the Solihull Borough Council, the Walsall Borough
Council and the Wolverhampton Borough Council;
to make further provision in regard to the improvement,
health and local government of that county; and for
other purposes. [20th March 1980]
V17HEREAS
(1) By virtue of the Local Government Act 1972 (hereinafter
1972
referred to as " the Act of
1972
") the county of West Midlands
(hereinafter referred to as " the county ") was constituted on
1st April 1974:
(2) Numerous local enactments are in force in parts of the
county and by section 262 of
the
Act of
1972
it is provided that,
2 c. xi
West Midlands County Council
Act
1980
subject to certain modifications, certain of these shall continue
to apply to, but only to, the area, things or persons to which or
to whom they applied before 1st April 1974:
(3) It is further provided by the said section 262 that certain
local statutory provisions shall cease to have effect at the end of
1979:
(4) It is expedient that certain of these should be re-enacted
with amendments and applied to the whole of the county or to
parts of the county; that certain other local statutory provisions
should continue to have effect and that other local statutory
provisions in force in or relating to the county should
be
repealed:
(5) It is expedient to extend and enlarge in various respects
the powers of the West Midlands County Council, the Birmingham
City Council, the Coventry City Council, the Borough Council of
Dudley, the Sandwell Borough Council, the Solihull Borough
Council, the Walsall Borough Council and the Wolverhampton
Borough Council and to make further provision for the improve-
ment, health and local government of the county:
(6) It is expedient that the other provisions contained in this
Act should be enacted:
(7) The purposes of this Act cannot be effected without the
authority of Parliament:
(8) In relation to the promotion of the Bill for this Act the
requirements of section 239 of the Act of
1972
have been observed:
May it therefore please Your Majesty that it may be enacted,
and be it enacted, by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
authority of the same, as follows:
PART
I
PRELIMINARY
1.—(1)
This Act may be cited as the West Midlands County
Council Act 1980.
(2) The West Midlands County Council Act 1977 and this Act
may be cited together as the West Midlands County Council
Acts 1977 and 1980.
(3) Section 3 (Appointed day), section
88
(Application of Shops
1950
c.
28.
Act 1950 to Exhibition Centre) and section 90 (Widows' and
orphans' pension scheme) of this Act shall come into operation
on the passing of this Act and the other provisions of this Act
shall come into operation on the expiration of three months
after the passing of this Act.
Citation and
commence-
ment.
1977 c. xiv.
West Midlands County Council
Act
1980
c. xi 3
2.—(1) In this Act, unless the context otherwise requires PART
1
" the Act of 1936 " means the Public Health Act 1936;
inte^t'
" the Act of 1959 " means the Highways Act 1959; tion-
" the Act of 1967 " means the Road Traffic Regulation ^59
cc
f5'
Act 1967;
1967
c.
76!
" the Act of 1971 " means the Town and Country Planning
Act 1971;
1971
c. 78.
" the Act of 1972 " means the Local Government Act 1972;
1972
c.
70.
" the Act of 1976" means the Local Government
(Miscellaneous Provisions) Act 1976;
1976
c.
57.
" the appointed day " has the meaning given by section 3
of this Act;
" contravention" includes a failure to comply, and
" contravene " shall be construed accordingly;
" the county " means the West Midlands county;
" the county council" means the West Midlands 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 electricity board " means the East Midlands Electricity
Board or the Midlands Electricity Board or both those
boards, as the case may require;
" enactment " includes an enactment in any Act, including
this Act, and in any order, byelaw, scheme or regulation
in force within the county;
" 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;
" local authority " means the county council or a district
council;
" officer " includes servant;
" open space " has the meaning given by section 290 of the
Act of 1971;
" owner" has the meaning given by section 343 of the Act
of 1936;

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