Staffordshire Act 1983
|Publication Date:||January 01, 1983|
Staffordshire Act 1983
1983 c. xviii
An Act to re-enact with amendments and to extend certain local enactments in force within the county of Staffordshire; to confer further powers on the Staffordshire County Council and local authorities in the county; to make further provision with regard to the environment, local government, improvement, health and finances of the county; to make further provision regarding the trusts respectively relating to the burgesses and the Silverdale lands of the borough of Newcastle under-Lyme and the Coton Field Estate in the borough of Stafford; and for other purposes.
[21st December 1983]
Staffordshire Act-1-983 c. xviii 1 ELIZABETH II 1983 CHAPTER xviii An Act to re-enact with amendments and to extend certain local enactments in force within the county of Staffordshire; to confer further powers on the Staffordshire County Council and local authorities in the county; to make further provision with regard to the environment, local government, improvement, health and finances of the county; to make further provision regarding the trusts respectively relating to the burgesses and the Silverdale lands of the borough of Newcastle-under-Lyme and the Coton Field Estate in the borough of Stafford; and for other purposes. [21st December 1983] W HEREAS by virtue of the Local Government Act 1972 1972 c. 70. (hereinafter referred to as "the Act of 1972") the county of Staffordshire (hereinafter referred to as "the county") was constituted on 1st April 1974 so as to consist of an area comprising the following districts described by reference to administrative areas existing immediately before the passing of the Act of 1972: The city of Stoke-on-Trent the county borough of Stoke-on-Trent: The borough of Newcastle-under-Lyme the borough of Newcastle-under-Lyme: the urban district of Kidsgrove: the rural district of Newcastle-under-Lyme: c. xviii Staffordshire Act 1983 The borough of Stafford the borough of Stafford: the urban district of Stone: the rural district of Stafford: the rural district of Stone: The borough of Tarn worth the borough of Tamworth: The district of Cannock Chase the urban district of Cannock: the urban district of Rugeley: in the rural district of Lichfield, the parish of Brindley Heath: The district of East Staffordshire the county borough of Burton upon Trent: the urban district of Uttoxeter: the rural district of Tutbury: the rural district of Uttoxeter: The district of Lichfield the borough of Lichfield: the rural district of Lichfield except the parish of Brindley Heath: The district of South Staffordshire the rural district of Cannock: the rural district of Seisdon: The district of Staffordshire Moorlands the urban district of Biddulph: the urban district of Leek: the rural district of Cheadle: the rural district of Leek: And whereas numerous local enactments were in force in parts of the said area 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 1st April 1974: And whereas it was further provided by the said section 262 that certain local statutory provisions should cease to have effect at the end of 1984: And whereas it is expedient that certain of the said enactments should be re-enacted with amendments and applied to the whole or part, as the case may be, of the county: Staffordshire Act 1983 c. xviii 3 And whereas it is expedient at the same time to extend and enlarge in various respects the powers of the Staffordshire County Council and local authorities in the county: And whereas the trusts relating to the burgesses of the borough of Newcastle-under-Lyme, the Silverdale lands in that borough and the Coton Field Estate relating to lands in the borough of Stafford, are regulated or affected by existing local enactments; and it is expedient that the provisions in this Act should be enacted respecting each of those trusts and lands: And whereas it is expedient that the other provisions contained in this Act should be enacted: And whereas the purposes of this Act cannot be effected without the authority of Parliament: And whereas 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 Staffordshire Act 1983. Citation and commence- (2) This Act shall come into operation on the expiration of mem. three months after its passing, except that section 37 (Division of county superannuation fund) of this Act and section 2 (Interpretation) of this Act, so far as material for the purposes of that section, shall come into operation upon the passing of this Act. 2. In this Act, unless the context otherwise requires Interpretation. "the Act of 1936" means the Public Health Act 1936; 1936 c. 49. "the Act of 1955" means the Food and Drugs Act 1955; 1955 c. 16 "the Act of 1971" means the Town and Country Planning(4 & 5 Eliz- 2)- Act 1971; 1971c. 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. 4 c xviii Staffordshire Act 1983 P_?KJJ "the Act of 1980" means the Highways Act 1980; 1980 c. 66 "tne appointed day" has the meaning given by section 3 of this Act; "building operations" has the meaning given by section 168(5)oftheActof 1980; "contravention" includes a failure to comply and "contravene" shall be construed accordingly; "the county" means the county of Staffordshire; "the county council" means the council of the county; "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; "enactment" means an enactment in any Act, including this Act, and in any order, byelaw, scheme or regulation in force within the county; "footway" has the meaning given by section 329 of the Act of 1980; "local authority" means the county council or a district council; "the Newcastle Council" means the Newcastle-under-Lyme Borough Council; "owner" has the meaning given by section 343 of the Act of 1936; "parish council" means the parish or town council of a parish in the county or, where there is no such council, the parish meeting of such a parish; "premises" includes messuages, buildings, lands, easements and hereditaments of any tenure; "public service vehicle" has the meaning given by 1981 c. H. section 1 of the Public Passenger Vehicles Act 1981; "statutory undertakers" means the British Gas Corporation, British Telecommunications, the Central Electricity Generating Board, the East Midlands Electricity Board, the Midlands Electricity Board, the North West Water Authority, the Severn-Trent Water Authority (in each case in respect of any of the Authority's functions) and the South Staffordshire Waterworks Company, or any of them, as the case may be; "street" has the meaning given by section 329 of the Act of 1980. Staffordshire Act 1983 c. xviii 5 3.^-(l) In this Act "the appointed day", in relation to any RT ' provision, means such day (not earlier than three months after """ the passing of this Act) as may be fixed for the purposes of that Appointed provision in accordance with subsection (2) below by resolution day-of the county council or, as the case may be, a district council. (2) The local authority shall publish in a newspaper circulating in their area notice of the passing of any such resolution and of the day fixed thereby; and of the general effect of the provision for the purposes of which the day has been fixed; and the day so fixed shall not be earlier than the expiration of one month from the date of publication of the notice. (3) A photostatic or other reproduction certified by the proper officer to be a true reproduction of a page, or part of a page, of any newspaper being a page or part of a page bearing the date of its publication and containing the notice mentioned in subsection (2) above shall be evidence of the publication of the notice, and of the date of publication. Part II Highways and streets 4.(1) A district council may allocate to the buildings in a street street in their district such numbers as they think fit. numbers. (2) Where a number has, or numbers have, been allocated to a building under this section or under section 64 of the Towns Improvement Clauses Act 1847, the district council may serve 1847 c. 34. on the owner or occupier of the building a notice requiring him within such period, not being less than three weeks, as may be specified in the notice, to mark the building with that number, or those numbers, in such a way as to make the mark legible from the street. (3) The person on whom notice has been served under subsection (2) above shall (a) maintain the mark in such a way that it remains legible from the street; and (b) keep the view of the mark from the street unobstructed to such extent as is practicable. (4) A district council may alter the number or numbers allocated to a building, and where they do so subsections (2) and (3) above shall apply to the altered number or numbers. 6 c xviii Staffordshire Act 1983 Part II (5) a district council may, instead of requiring a building to ~com- be marked with a number or numbers under this section, require it to be marked with such other means of identification as they may, at the request of the owner or occupier, allow; and subsections (2) and (3) above shall have effect accordingly. (6) A person who without reasonable excuse ( z) fails to comply with a notice served on him under...
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