(1) Where a fixed tank or other fixed container which has been used for the storage of petrol, and is no longer used for that purpose, is kept on any premises, the occupier of the premises shall take all such steps as may be reasonably necessary to prevent danger from the container.
(2) An officer of the local authority duly authorised by them may, on producing, if so required, some duly authenticated document showing his authority, require the occupier of premises on which there is any tank or other container to which subsection (1) of this section applies to show it to him and permit him to ascertain whether steps have been taken to comply with the provisions of this section.
(3) The local authority may by notice require the occupier of the premises to take the steps reasonably necessary to prevent danger from any tank or other container to which subsection (1) of this section applies.
(4) The provisions of 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 under subsection (3) of this section, and shall so apply as if this section were contained in that Act.
(5) This section shall apply in relation to premises which are unoccupied with the substitution for the references to the occupier of the premises of references to their owner (as defined in subsection (1) of section three hundred and forty-three of the Public Health Act 1936); and this section shall not apply to premises situated within the jurisdiction of a harbour authority (as defined in section 57 of the Harbours Act 1964).
(6) In this section “petrol” has the meaning given by regulation 2 of the Petroleum (Consolidation) Regulations 2014.
74 Power to reduce numbers of pigeons and other birds in built-up areas.
(1) Subject to the provisions of this section, a local authority shall have power to take any steps for the purpose of abating or mitigating any nuisance, annoyance or damage caused by the congregation in any built-up area of house doves or pigeons or of starlings or sparrows.
(2) Nothing in section twenty-three of the Larceny Act 1861 or in any other provision in that Act, shall prevent a local authority, in exercise of their powers under this section, from taking any reasonable steps to seize or destroy, or sell or otherwise dispose of, any house doves or pigeons which in their belief have no owner.
(3) A local authority acting under this section shall take all reasonable precautions to ensure that the seizure and destruction of any birds are carried out humanely.
(4) It is hereby declared that this section does not authorise a local authority to do anything in contravention of Part I of the Wildlife and Countryside Act 1981.
75 Byelaws as to pleasure fairs and roller skating rinks.
(1) A local authority may make byelaws—
(a) for regulating the hours during which pleasure fairs and roller skating rinks may be open to the public;
(b) for securing safe and adequate means of ingress to, and egress from, any pleasure fair or roller skating rink;
(c) for the prevention and suppression of nuisances, and the preservation of sanitary conditions, cleanliness, order and public safety, at any pleasure fair or roller skating rink;
(d) without prejudice to the generality of the preceding paragraph, for preventing outbreaks of fire which might endanger—
(i) stands, stalls or other structures used or intended for use in connection with any pleasure fair, or
(ii) caravans used or intended for use as sleeping accommodation in connection with any pleasure fair,
and for reducing the risk of, and the spread of fire from, such outbreaks.
and it shall be the duty of the local authority to enforce byelaws made by them under this section.
(1A) No byelaw may be made under this section which applies to a pleasure fair or rolling skating rink, in so far as the byelaw relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005.
(2) In this section—
(a) “pleasure fair” means any place—
(i) which is for the time being used wholly or mainly for providing, whether or not in combination with any other entertainment, any entertainment to which this section applies, and
(ii) for admission to which, or for the use of the contrivances in which, a charge is made;
(b) “roller skating rink” means any place which is for the time being used wholly or mainly for roller skating and for admission to which a charge is made.
(3) Subject to the provisions of the next following subsection, the entertainments to which this section applies are the following:—
(a) circuses;
(b) exhibitions of human beings or of performing animals;
(c) merry-go-rounds, roundabouts, swings, switchback railways;
(d) coco-nut shies, hoop-las, shooting galleries, bowling alleys;
(e) dodgems or other mechanical riding or driving contrivances;
(f) automatic or other machines intended for entertainment or amusement;
(g) anything similar to any of the foregoing.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Different byelaws may be made under this section for pleasure fairs and roller skating rinks and for different kinds of pleasure fairs.
(6) Section two hundred and eighty-seven of the Public Health Act 1936 (which relates to powers of entry), shall have effect as if this section were contained in that Act.
(7) Section thirty-eight of the Public Health Acts Amendment Act 1890 (under which byelaws may be made for the prevention of danger from roundabouts, swings and shooting galleries), shall cease to have effect, but any byelaws under that section in force at the commencement of this Act shall continue in force and may be revoked at any time as if they had been made under this section.
(8) The Secretary of State shall be the confirming authority as respects byelaws made by a local authority in England under this section, and the Secretary of State shall not confirm any byelaws under this section unless he is satisfied that all bodies which appear to him to be representative of the interests of those who carry on pleasure fairs and entertainments to which this section applies have been consulted on the matters dealt with by the byelaw and, in the case of a byelaw made in pursuance of subsection (1)(d) of this section, that the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area to which the byelaw applies have been so consulted.
(8A) Subsection (8) does not apply to byelaws of a class prescribed by regulations under section 236A(1) of the Local Government Act 1972.
(9) A local authority in Wales which proposes to make a byelaw under this section must consult the appropriate representative bodies on the matters dealt with by the proposed byelaw.
(10) For the purposes of subsection (9), “the appropriate representative bodies” are those bodies which appear to the authority to be representative of the interests of those who carry on pleasure fairs and entertainments to which this section applies.
(11) A local authority in Wales making a byelaw in pursuance of subsection (1)(d) of this section must consult the relevant fire and rescue authority on the matters dealt with by the proposed byelaw.
(12) For the purposes of subsection (11) “the relevant fire and rescue authority” is the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area to which the byelaw applies.
(1) For the prevention of danger, obstruction or annoyance to persons bathing in the sea or using the seashore, a local authority may make byelaws—
(a) regulating the speed of pleasure boats;
(b) regulating the use of pleasure boats so as to prevent their navigation in a dangerous manner or without due care and attention or without reasonable consideration for other persons;
(c) requiring the use of effectual silencers on pleasure boats propelled by internal combustion engines.
(2) The Secretary of State shall be the confirming authority as respects byelaws made by a local authority in England under this section.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Any byelaw made under this section shall be of no effect if and in so far as it is inconsistent with any byelaw made by any dock undertakers or by any person authorised by any enactment or statutory order to construct or operate a pier.
(1) A local authority may make byelaws for the purpose of securing—
(a) the cleanliness of premises on which a hairdresser’s or barber’s business is carried on and of the instruments, towels, materials and equipment used therein, and
(b) the cleanliness of the hairdressers or barbers working in such premises in regard to both themselves and their clothing;
and it shall be the duty of the local authority to enforce byelaws made by them under this section.
(2) Section two hundred and eighty-seven of the Public Health Act 1936 shall have effect as if this section were contained in that Act.
(3) The Minister shall be the confirming authority as respects byelaws made by a local authority in England under this section.
(4) Subsection (3) does not apply to byelaws of a class prescribed by regulations under section 236A(1) of the Local Government Act 1972.
Damages recoverable by a county council, local authority or parish council or parish meeting . . . for damage caused by negligence to any lamp, lamp-post, notice board, fence, rail, post, shelter or other apparatus or equipment provided by them in a street or public place shall, if the amount thereof does not exceed twenty pounds, be recoverable summarily as a civil debt.
(1) The Minister may, subject to the provisions of this section, by order repeal or amend any provision—
(a) in any local Act passed before this Act, or in any Act passed before this Act and confirming a provisional order, or
(b) in any order or other instrument made under an Act of Parliament before the passing of this Act,
where it appears to him that that provision is inconsistent with, or has become unnecessary in consequence of, any provision of this Act, other than the provisions of Part V.
(2) Subject to subsection (3) of this section, the Minister shall not make an order under this section repealing or amending any provision in any local Act the Bill for which was promoted—
(a) by a county council or local authority, or
(b) by any authority, board, commissioners, trustees or other body whose functions under the local Act have become exercisable by a county council or local authority,
except on the application of that county council or local authority.
(3) Subsection (2) of this section shall not apply in relation to any order so far as the provisions of the local Act which it repeals or amends are repealed or amended as being inconsistent with, or as having become unnecessary in consequence of, the provisions of this Act relating to building regulations.
(4) Before making an order under this section the Minister shall consult with any county council or local authority which appear to him to be concerned, not being an authority on whose application the order is made.
(5) An order made under this section—
(a) may contain such transitional, supplemental or incidental provisions as appear to the Minister to be expedient, and
(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) The provisions of this section shall be without prejudice to the powers conferred by section three hundred and thirteen of the Public Health Act 1936 (under which amendments may be made in certain local Acts), as applied to any of the provisions of this Act.
83 Saving for law relating to ancient monuments and for planning law.
It is hereby declared that a local authority or other person may not under this Act do anything which is unlawful under the law relating to ancient monuments or to town and country planning.
84 Extension of certain references to Public Health Acts.
(1) . . . , paragraph (b) of subsection (4) of section eight of the Town Development Act 1952 (under which such provisions may be applied to an authority acting under that Act), and any other enactment conferring power to apply the provisions of the Public Health Act 1936, or the Public Health (Drainage of Trade Premises) Act 1937, relating to sewage shall have effect as if references to the said Acts of 1936 and 1937 or either of them included references to the provisions of this Act.
(2) Any order made before the commencement of this Act under subsection (2) of section nine of the New Towns Act 1946, which applies all the provisions of the said Act of 1937 (or all those provisions except any which are repealed by this Act) without modification, shall have effect as if references to that Act included references to Part V of this Act, but nothing in this subsection shall affect any power to vary or revoke any such order.
There shall be paid out of money provided by Parliament—
(a) any increase in the sums so payable under any Act other than this Act which is attributable to the provisions of this Act, and
(b) any expenses incurred by any Minister under this Act.
THIRD SCHEDULE CONSENTS REQUIRED FOR EXECUTION OF CERTAIN WORKS IN STREETS
Sections 43, 44 and 51.
1 In this Schedule “the authority” means the county council, local authority or parish council having power to carry out the works to which this Schedule applies.
2 The authority shall not carry out any works to which this Schedule applies in any such situation or position as is described in the first column of the following Table except with the consent of the person described in relation thereto in the second column of that Table.
Table
In any street which is a highway for which there is a highway authority other than the authority carrying out the works. | The highway authority.
In any street belonging to and repairable by any railway, dock, harbour, canal, inland navigation or passenger road transport undertakers and forming the approach to any station, dock, wharf or depot of those undertakers. | The undertakers.
On any bridge not vested in the authority carrying out the works or on the approaches to any such bridge. | The authority or other person in whom the bridge is vested.
On any bridge carrying a street over any railway, canal or inland navigation, or on the approaches to any such bridge, or under any bridge carrying a railway, canal or inland navigation over a street. | The railway, canal or inland navigation undertakers concerned.
Except in the case of works under section forty-four of this Act, in a position obstructing or interfering with any existing access to any land or premises abutting upon a street. | The owner (as defined by the Public Health Act 1936) and the occupier of the land or premises.
3 Any consent required by this Schedule in respect of any works shall not unreasonably be withheld but may be given subject to any reasonable conditions, including a condition that the authority shall remove the works either at any time or at or after the expiration of a period if reasonably required so to do by the person giving the consent.
4 Where the consent of the Secretary of State or the Minister of Transport is required under this Schedule, any dispute between the Minister whose consent is required and the authority as to whether the Minister’s consent is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of anything to the provision of which the consent relates in accordance with any condition of the consent is reasonably required shall be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers
FOURTH SCHEDULE ATTACHMENT OF STREET LIGHTING EQUIPMENT TO CERTAIN BUILDINGS
Section 45.
As regards buildings of the descriptions in the first column of the following Table the appropriate authority for the purposes of section forty-five of this Act shall be the person specified in the second column of that Table (and not a magistrates’ court).
Table
A building which is for the time being included in a list published under section 12 of the Ancient Monuments Consolidation and Amendment Act 1913. | The Secretary of State
A building which is included in a list compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990. | The Secretary of State.
A building which is included in the schedule of monuments maintained under section 3 of the Historic Environment (Wales) Act 2023 or the list of buildings maintained under section 76 of that Act, except— a building owned by railway, canal, dock, harbour or inland navigation undertakers, a building owned by a holder of a licence under section 6 of the Electricity Act 1989 (c. 29), a building owned by a gas transporter (within the meaning given by section 7(1) of the Gas Act 1986 (c. 44)), or a building forming part of an aerodrome. | The Welsh Ministers.
A building owned by railway, canal, dock, harbour or inland navigation undertakers. | The Minister of Transport.
A building owned by electricity or gas undertakers .... . .. | The Secretary of State.
A building owned by statutory water undertakers. | The Secretary of State.
A building forming part of an aerodrome licensed under the Civil Aviation Act 1949, or any enactment repealed by that Act , or authorised by a certificate under Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council. | The Board of Trade.
A building owned by a county council, local authority or parish council or parish meeting who are not the street lighting authority concerned. | The Secretary of State.
A building owned by a development corporation established under the New Towns Act 1946, or the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 or the Greater London Authority so far as exercising its new towns and urban development functions.. | The Secretary of State.
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