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LEGISLATION |
LOCAL GOVERNMENT ACT 1972 (1972 ACT) |
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AUTHORITIES IT APPLIES TO |
All local authorities in England & Wales. In England the obligations relevant to street naming and numbering apply to those local authorities exercising district council functions. In Wales there is only a single-tier local authority in 22 principal areas and as such the street naming and numbering provisions apply to all of these 22 local authorities. |
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RELEVANT PROVISIONS |
COMMENTARY |
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Paragraph 23, Schedule 14: “Subject to the following provisions of this Schedule and the provisions of Schedule 26 to this Act, all the provisions of the Public Health Acts 1875 to 1925 shall extend throughout England and Wales, whether or not they so extended immediately before 1st April 1974.” Paragraph 24, Schedule 14: “Paragraph 23 above shall not apply to the following enactments, that is to say— (a) so much of section 160 of the Public Health Act 1875 as incorporates the provisions of the Towns Improvement Clauses Act 1847 with respect to the naming of streets (hereafter in this Schedule referred to as “the original street-naming enactment”); (b) section 171(4) of the said Act of 1875; [...] (d) sections 21 ,82, 83 of the Public Health Acts Amendment Act 1907; and (e) sections 17 to 19 and 76 of the Public Health Act 1925; and those enactments shall, subject to paragraph 25 below, apply to those areas, and only those, to which they applied immediately before 1st April 1974.” |
The 1972 Act extends the Public Health Acts throughout England and Wales. However, this does not apply to the provisions set out above in the 1875 Act (as it applies to street naming – but not street numbering – under the 1847 Act), the 1907 Act and the 1925 Act. Those sections of legislation shall only apply where they would have applied before the provisions of the 1972 Act came into force. The 1875 Act (as it applies to street numbering under the 1847 Act) does extend throughout England and Wales. None of the relevant provisions under the 1875 Act, the 1907 Act or the 1925 Act apply in Greater London. |
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Paragraph 25, Schedule 14: “(1) Subject to sub-paragraph (2) below, a local authority may after giving the requisite notice resolve that any of the enactments mentioned in paragraph 24 above shall apply throughout their area or shall cease to apply throughout their area (whether or not, in either case, the enactment applies only to part of their area). (2) A resolution under this paragraph disapplying— (a) section 171(4) of the Public Health Act 1875; [...] (c) section 82, 83 of the Public Health Acts Amendment Act 1907; or (d) section 76 of the Public Health Act 1925; must be passed before 1st April 1975, but any other resolution under this paragraph may be passed at any time. (3) A resolution under this paragraph applying either of the following provisions, that is to say, section 21 of the said Act of 1907 or section 18 of the said Act of 1925, throughout an area shall have effect as a resolution disapplying the other provision throughout that area and a resolution under this paragraph applying either of the following provisions, that is to say, the original street-naming enactment or section 19 of the said Act of 1925, throughout an area shall have effect as a resolution disapplying the other provision throughout that area. [...] (5) The notice which is requisite for a resolution given under sub-paragraph (1) above is a notice— (a) given by the local authority in question of their intention to pass the resolution given by advertisement in two consecutive weeks in a local newspaper circulating in their area; and (b) served, not later than the date on which the advertisement is first published, on the council of every parish or community whose area, or part of whose area, is affected by the resolution or, in the case of a parish so affected but not having a parish council (whether separate or common), on the chairman of the parish meeting. (6) The date on which a resolution under this paragraph is to take effect shall— (a) be a date specified therein, being not earlier than one month after the date of the resolution. [...] (7) A copy of a resolution of a local authority under this paragraph, certified in writing to be a true copy by the proper officer of the authority, shall in all legal proceedings be received as evidence of the resolution having been passed by the authority.” Paragraph 26, Schedule 14: “The following enactments shall not extend to Greater London, that is to say— (a) sections 160 and 171 of the Public Health Act 1875; [...] (c) sections 21 and 80 of the Public Health Acts Amendment Act 1907 and so much of section 81 of that Act as relates to the Town Police Clauses Act 1847; (d) sections 17 to 19, 75 and 76 of the Public Health Act 1925.” |
Paragraph 25 does allow a local authority to give notice that the relevant provisions in the Public Health Acts on street naming and numbering shall apply or cease to apply throughout their area.
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