Derbyshire Act 1981
| Jurisdiction | UK Non-devolved |
| Citation | 1981 c. xxxiv |
Derbyshire
Act
1981
c. xxxiv 1
ELIZABETH H
1981 CHAPTER xxxiv
An Act to re-enact with amendments certain local
enactments in force within the county of Derbyshire; to
confer further powers on the local authorities in the
county and to make further provision for the local
government
thereof;
and for purposes connected with
the matters aforesaid. [22nd December
1981
]
V17HEREAS—
(1) By virtue of the Local Government Act 1972 the county of
1972
c. 70.
Derbyshire was constituted as a local government area com-
prising the districts of Amber Valley, Bolsover, Chesterfield,
Derby, Erewash, High Peak, North East Derbyshire, South
Derbyshire and West Derbyshire of which the districts of
Chesterfield, Erewash and High Peak have been granted borough
status and that of Derby has been granted city status:
(2) By section 262 of the said Act of
1972
certain local statutory
provisions in force within the county are to cease to have effect
at the end of 1984 unless exempted, or the date postponed, by
order of the Secretary of State:
(3) Many of these existing provisions are spent or obsolete or
their continuation otherwise inappropriate, and it is expedient
that others be re-enacted in more modern form:
2 c. xxxiv Derbyshire Act 1981
(4) It is expedient that the existing provisions be repealed and
replaced, so far as required, in one enactment, that certain further
powers be conferred on the said local authorities, and that the
other provisions of this Act be enacted:
(5) The purposes of this Act cannot be effected without the
authority of Parliament:
(6) In relation to the Bill for this Act the requirements of
section 239 of the said Act of 1972 have been observed:
May it therefore please Your Majesty that it may be enacted,
and be it enacted, by the Queen's most Excellent Majesty, by
and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows:—
PART I
PRELIMINARY
Citation and
commence-
ment.
Interpretation.
1936
c.
49.
1955
c. 16
(4&5Eliz.2).
1967 c. 76.
1971
c. 78.
1972
c.
70.
1878
c. 76.
1964
c.
48.
1.—(1)
This Act may be cited as the Derbyshire Act 1981.
(2) This Act shall come into operation on the expiration of
three months after the passing of this Act.
. In this Act, except where the context otherwise requires—
" the 1936 Act" means the Public Health Act 1936;
" the 1955 Act " means the Food and Drugs Act 1955;
" the 1967 Act" means the Road Traffic Regulation Act
1967;
" the 1971 Act" means the Town and Country Planning
Act 1971;
" the 1972 Act" means the Local Government Act 1972;
" apparatus ", in relation to British Telecommunications,
means any telegraphic line as defined in the Telegraph
Act 1878 belonging to or used by British Telecommunica-
tions,
and any works constructed for the lodging therein
of apparatus;
" the appointed day " has the meaning given by section 3
(Appointed day) below;
" the chief constable " means the chief constable for the
county and includes the deputy chief constable acting by
virtue of section 6 (1) of the Police Act 1964;
" contravention" includes a failure to comply, and
" contravene " shall be construed accordingly;
Derbyshire
Act
1981
c. xxxiv 3
" the county " means the county of Derbyshire; PART
J
" the county council " means the council of the county; —com.
" daily fine " means a fine for each day or part of a day on
which an offence is continued after conviction
thereof;
" the Derby council " means the council of the city of Derby;
" district" means a district in the county;
" district council " means the council of a district;
" the electricity board", in relation respectively to any
property of—
(a) the East Midlands Electricity Board
;
(b) the Yorkshire Electricity Board; or
(c) the North Western Electricity Board;
means that board;
" the fire authority " means the fire authority for the county;
" functions " includes powers and duties;
" the generating board" means the Central Electricity
Generating Board;
" highway authority " means—
(a) in the case of a trunk road, the Secretary of
State;
(p) in the case of any other highway, the county
council;
" local authority " means the county council or a district
council;
" open space " has the same meaning as in section 290 of the
1971
Act;
" operational land " has the same meaning in relation to—
(a) statutory undertakers (other than British
Telecommunications and the Post Office), as in
section 222 of the 1971 Act;
(b) British Telecommunications, as in paragraph
12 (I) of Schedule 3 to the British Telecommunica-
tions Act 1981; 198j c 3g
(c) the Post Office, as in paragraph 93 (4) of
Schedule 4 to the Post Office Act 1969;
1969
c. 48.
" owner " has the same meaning as in section 343 of the
1936
Act;
" the private street works code " means the private street
works code as defined by section 203 of the Highways
Act 1980;
1980
c.
66.
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