79B Immigration offences and immigration penalties
(1) In this Part of this Act “immigration offence” means—
(a) an offence under any of the Immigration Acts;
(b) an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence within paragraph (a); or
(c) an offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit an offence within paragraph (a).
(2) In this Part of this Act “immigration penalty” means a penalty under—
(a) section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”); or
(b) section 23 of the Immigration Act 2014 (“the 2014 Act”).
(3) For the purposes of this Part of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—
(a) the person is excused payment by virtue of section 15(3) of that Act; or
(b) the penalty is cancelled by virtue of section 16 or 17 of that Act.
(4) For the purposes of this Part of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—
(a) the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period; and
(b) if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.
(5) For the purposes of this Part of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—
(a) the person is excused payment by virtue of section 24 of that Act; or
(b) the penalty is cancelled by virtue of section 29 or 30 of that Act.
(6) For the purposes of this Part of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—
(a) the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period; and
(b) if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.
(1) In this Part of this Act, unless the subject or context otherwise requires—
“the Act of 1847” means the provisions of the Town Police Clauses Act 1847 with respect to hackney carriages;
“the Act of 1936” means the Public Health Act 1936;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“authorised officer” means any officer of a district council authorised in writing by the council for the purposes of this Part of this Act;
“contravene” includes fail to comply;
“controlled district” means any area for which this Part of this Act is in force by virtue of—
a resolution passed by a district council under section 45 of this Act; or
section 255(4) of the Greater London Authority Act 1999;
“daily fine” means a fine for each day during which an offence continues after conviction thereof;
“the district”, in relation to a district council in whose area the provisions of this Part of this Act are in force, means—
if those provisions are in force throughout the area of the council, that area; and
if those provisions are in force for part only of the area of the council, that part of that area;
“driver’s badge” means, in relation to the driver of a hackney carriage, any badge issued by a district council under byelaws made under section 68 of the Act of 1847 and, in relation to the driver of a private hire vehicle, any badge issued by a district council under section 54 of this Act;
“driver’s licence” means, in relation to the driver of a hackney carriage, a licence under section 46 of the Act of 1847 and, in relation to the driver of a private hire vehicle, a licence under section 51 of this Act;
“hackney carriage” has the same meaning as in the Act of 1847;
“hackney carriage byelaws” means the byelaws for the time being in force in the controlled district in question relating to hackney carriages;
“London cab” means a vehicle which is a hackney carriage within the meaning of the Metropolitan Public Carriage Act 1869;
“operate” means in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle;
“operator’s licence” means a licence under section 55 of this Act;
“private hire vehicle” means a motor vehicle constructed or adapted to seat fewer than nine passengers, other than a hackney carriage or public service vehicle or a London cabor tramcar, which is provided for hire with the services of a driver for the purpose of carrying passengers;
“proprietor” includes a part-proprietor and, in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, means the person in possession of the vehicle under that agreement;
“public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981;
“taximeter” means any device for calculating the fare to be charged in respect of any journey in a hackney carriage or private hire vehicle by reference to the distance travelled or time elapsed since the start of the journey, or a combination of both; and
“vehicle licence” means in relation to a hackney carriage a licence under sections 37 to 45 of the Act of 1847 in relation to a London cab a licence under section 6 of the Metropolitan Public Carriage Act 1869and in relation to a private hire vehicle means a licence under section 48 of this Act.
(2) In this Part of this Act references to a licence, in connection with a controlled district, are references to a licence issued by the council whose area consists of or includes that district, and “licensed” shall be construed accordingly.
(3) Except where the context otherwise requires, any reference in this Part of 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.
(4) In this Part of this Act, except where the context otherwise requires, references to a district council shall, in relation to Wales, be construed as references to a county council or county borough council.
(1) The enactments mentioned in the first and second columns of Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(2) The Secretary of State may by order—
(a) repeal any provision of an Act passed before or in the same Session as this Act or of an order or other instrument made under or confirmed by an Act so passed if it appears to him that the provision is inconsistent with or has become unnecessary in consequence of any provision of this Act or corresponds to any provision repealed by this Act;
(b) amend any provision of such an Act, order or instrument if it appears to him that the provision requires amendment in consequence of any provision contained in this Act or any repeal made by virtue of the preceding paragraph;
and an order made in pursuance of this subsection may include such incidental or transitional provisions as the Secretary of State considers are appropriate in connection with the order.
(3) It shall be the duty of the Secretary of State, before he makes an order in pursuance of the preceding subsection amending or repealing any provision of a local Act, to consult each local authority which he considers would be affected by the amendment or repeal of that provision.
(4) The power to make orders conferred by subsection (2) of this section shall be exercisable by statutory instrument; and any statutory instrument made in the exercise of that power shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any expenses incurred by a Minister of the Crown by virtue of this Act and any increase attributable to this Act in the sums payable under any other Act out of money provided by Parliament shall be paid out of money so provided.
(1) This Act may be cited as the Local Government (Miscellaneous Provisions) Act 1976.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) This Act does not extend to Scotland and Northern Ireland
SCHEDULE 1 Adaptation of enactments in connection with compulsory purchases of rights
Section 13(3).
Part I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II ADAPTATION OF PART I OF THE ACT OF 1965
6 In the Compulsory Purchase Act 1965 (hereafter in this Schedule referred to as “the Act”) for section 7 (which relates to compensation) there shall be substituted the following—
7 (1) In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent, if any, to which the value of the land over which the right is purchased is depreciated by the purchase but also to the damage, if any, to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right.
(2) The modifications subject to which subsection (1) of section 44 of the Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that for the words “land is acquired or taken” there shall be substituted the words “ a right over land is purchased ” and for the words “acquired or taken from him” there shall be substituted the words “ over which the right is exercisable ”.
7 Section 8(1) of the Compulsory Purchase Act 1965 has effect as if references to acquiring land were to acquiring a right in the land, and Schedule 2A to that Act is to be read as if, for that Schedule, there were substituted—
SCHEDULE 2A
Counter-notice requiring purchase of land
Introduction
1 (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory.
(2) But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).
2 In this Schedule “house” includes any park or garden belonging to a house.
Counter-notice requiring purchase of land
3 A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory.
4 A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.
Response to counter-notice
5 On receiving a counter-notice the acquiring authority must decide whether to—
(a) withdraw the notice to treat,
(b) accept the counter-notice, or
(c) refer the counter-notice to the Upper Tribunal.
6 The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).
7 If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.
8 If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.
9 If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory.
Determination by Upper Tribunal
10 On a referral under paragraph 7 the Upper Tribunal must determine whether the acquisition of the right would—
(a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or
(b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.
11 In making its determination, the Upper Tribunal must take into account—
(a) the effect of the acquisition of the right,
(b) the proposed use of the right, and
(c) if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.
12 If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10 it must determine how much of the house, building or factory the authority ought to be required to take.
13 If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land.
14 (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.
(2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.
(3) Any dispute as to the compensation is to be determined by the Upper Tribunal.
8 The following provisions of the Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), namely—
section 9(4) (failure of owners to convey);
paragraph 10(3) of Schedule 1 (owners under incapacity);
paragraph 2(3) of Schedule 2 (absent and untraced owners); and
paragraphs 2(3) and 7(2) of Schedule 4 (common land),
shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.
9 Section 11 of the Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, it has power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on enforcement officer's or sheriff's warrant in the event of obstruction) of the Act shall be modified correspondingly.
10 Section 20 of the Act (compensation for short-term tenants) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.
11 Section 22 of the Act (protection of acquiring authority’s possession of land where by inadvertence an interest in the land has not been purchased) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right in question, subject to compliance with that section as respects compensation.
Section 81.
Chapter | Short title | Extent of repeal
1875 c. 55. | The Public Health Act 1875. | In section 172 the words “and the number of persons to be carried therein”.
Sections 253, 262, 293, 294, 299 to 302, 304 and 309.
1936 c. 49. | The Public Health Act 1936. | Sections 89, 221(b), 271, 274, 277 and 286.
In section 293 the words “either summarily as a civil debt, or”and subsection (2).
Sections 295, 312, 313 and 314.
In section 322, subsection (1) and, in subsection (3), paragraph (i) and the words “(ii) in any other case”.
Section 323.
1937 c. 46. | The Physical Training and Recreation Act 1937. | Sections 4 and 5.
In section 9 the definition of “local authority”.
1946 c. 49. | The Acquisition of Land (Authorisation Procedure) Act 1946. | In Schedule 4 the entry relating to section 5 of the Physical Training and Recreation Act 1937.
1949 c. 55. | The Prevention of Damage by Pests Act 1949. | Section 9.
1955 c. 16 (4 Eliz. 2.). | The Food and Drugs Act 1955. | In Part I of Schedule 9, the entries relating to sections 271, 277 and 286 of the Public Health Act 1936 and the reference to section 323 of that Act.
1957 c. 56. | The Housing Act 1957. | Section 170.
1958 c. 36. | The Physical Training and Recreation Act 1958. | The whole Act.
1959 c. 25. | The Highways Act 1959. | Section 117(1)(cc).
In paragraph 22(1) of Schedule 24, the words from “so however”onwards.
1961 c. 63. | The Highway (Miscellaneous Provisions) Act 1961. | Section 7.
1961 c. 64. | The Public Health Act 1961. | Sections 75(4), 76(3) and 80.
1961 c. 65. | The Housing Act 1961. | In section 22(4) the words from the beginning to “premises)”.
1969 c. 10. | The Mines and Quarries (Tips) Act 1969. | Section 33(b) and (d).
1969 c. 33. | The Housing Act 1969. | Section 73.
In paragraph 11 of Schedule 8 the words “and 170”.
1970 c. 44. | The Chronically Sick and Disabled Persons Act 1970. | In section 6(1) the words from “used”to “public”.
1972 c. 70. | The Local Government Act 1972. | In section 144(1)(b) the word “recreation”.
Section 233(6).
1974 c. 3. | The Slaughterhouses Act 1974. | In section 32(2) the entries relating to sections 271, 277 and 286 of the Public Health Act 1936 and the reference to section 323 of that Act.
1974 c. 44. | The Housing Act 1974. | In section 48, in subsection (1) paragraph (d) and the words “subject to subsection (2) below”, and subsection (2).
Section 126(5)(a).