Exeter City Council Act 1987

JurisdictionUK Non-devolved
Citation1987 c. xi
Exeter City Council Act 1987
ELIZABETH II
1987 CHAPTER xi
An Act to re-enact with amendments certain local
enactments in force within the city of Exeter, to confer
further powers on the Council of the City of Exeter, to
make provision with regard to public safety, public
health, environmental amenity within the city, the
amenity of and control over the river Exe and its
estuary; the local government and improvement of the
city; and for other purposes. [9th April 1987]
EREAS
(1)
By
virtue of the Local Government Act
1972
(hereinafter
1972
c.
70.
referred to as "the Act of 1972") the city of Exeter was
constituted on 1st April 1974 comprising the former county
borough of Exeter and in the former administrative county of
Devon, the Devon County Buildings Area:
(2) Numerous local enactments were in force in the said
former county borough and
by
section 262 of the Act of
1972
it
was
provided that, subject
to
certain modifications, certain local
statutory provisions should continue to apply
to the
area, things
or persons to which or to whom they applied before that date:
w
2 c.
xi
Exeter City Council Act 1987
(3) It was further provided by
the
said section 262 that certain
local statutory provisions should cease to have effect at the end
of 1984; but the Non-metropolitan and Welsh Counties (Local
S.I. 1983/619. Statutory Provisions) Order 1983 and the Non-metropolitan
SI 1986/2106 and Welsh Counties (Local Statutory Provisions) Order 1986
made pursuant to the Act of 1972 have subsequently provided
that such
local
statutory provisions
in
certain
areas
including the
city of Exeter shall cease to have effect at the end of 1987:
(4) It is expedient that certain of the said enactments should
be re-enacted with amendments:
(5) It is expedient that the other provisions contained in this
Act should be enacted:
(6) The purposes of
this
Act cannot be effected without the
authority of Parliament:
(7) 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:
Citation
and
commence-
ment.
PART
I
PRELIMINARY
1.—(1)
This Act may
be
cited
as
the Exeter
City
Council
Act
1987.
(2) This Act shall come into operation on the expiry of a
period of
3 months
beginning
with the date on
which it is passed.
Interpn
1936
c.
1961
c.
1971
c.
1972
c.
1976
c.
1982
c.
station.
49.
64.
78.
70.
57.
30.
2.—(1) In this Act unless the context otherwise requires
"the Act of 1936" means the Public Health Act 1936;
"the Act of
1961"
means the Public Health Act 1961;
"the Act of
1971"
means the Town and Country Planning
Act 1971;
"the Act of
1972"
means the
Local Government
Act
1972;
"the Act of 1976" means the Local Government
(Miscellaneous Provisions) Act 1976;
"the Act of 1982" means the Local Government
(Miscellaneous Provisions) Act 1982;
Exeter City Council Act 1987 c. xi 3
"the Act of 1984" means the Road Traffic Regulation Act PART I
1984;
com.
1984 c
27
"appointed day" has the meaning given to it by section 3
(Appointed day) of this Act;
"the city" means the city of Exeter,
"contravention" includes a failure to comply and
"contravene" shall be construed accordingly;
"the Council" means the Exeter City Council;
"the county council" means the county council of Devon;
"daily fine" means a fine for each day on which an offence
is continued after conviction
thereof;
"owner" has the meaning given to it by section 343 of the
Act of 1936;
"statutory undertakers" means British Gas pic or any
public gas supplier within the meaning of Part I of the
Gas Act 1986, the Central Electricity Generating 1986 c. 44.
Board, the South Western Electricity Board or any
supplier authorised under the Energy Act 1983 and
1983
c. 25.
the South West Water Authority, or any one of them;
"telecommunications operator" means a person to whom
a licence has been granted under section 7 of the
Telecommunications Act 1984 and to whom the
1984
c.
12.
telecommunications code, as defined in that Act, is
applied by that licence.
(2) Any reference in this Act to a proper officer shall in
relation to any purpose be construed as a reference to an officer
appointed by the Council for that purpose.
(3) Any reference in this Act to a Part not otherwise identified
is a reference to that Part of this Act.
3.—<1)
In this Act "the appointed day", in relation to any Appointed
provision, means such day (not earlier than 3 months from the by-
passing of this Act) as may be fixed for the purposes of that
provision in accordance with subsection (2) below by resolution
of the Council.
(2) The Council shall publish in a newspaper circulating in
the city 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;

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