STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

Lower Avon Navigation. It is not proposed for repeal. Similar provisions which
have been enacted for the Upper Avon Navigation 26 also remain in force.
5.5 Section 19 of the Worcestershire County Council Act 1969 is proposed for repeal
as spent. In accordance with its provisions the council discontinued their ferry
over the river Severn at Upper Arley having replaced it with a suitable footbridge.
5.6 The local authorities for the former boroughs of Hereford, 27 Kidderminster 28 and
Leominster 29 and the former urban district of Ross-on-Wye 30 all operate market
undertakings under local statutory provisions. None of those relating to
Kidderminster are proposed for repeal. Apart from those which are obsolete, 31
spent or unnecessary, or which are covered by the general criminal law 32 , the
repeals relating to the markets of the other three authorities are as follows:
(a) provisions relating to charges 33 which have been overtaken by the
general law; 34
(b) provisions empowering the authorities concerned to borrow money
on mortgage or otherwise 35 which have been repealed in general
terms; 36
26 Upper Avon Navigation Act 1972 (c.xxiv), s 6.
27 Succeeded in accordance with the Local Government Act 1972 by Hereford City Council
between 1974 and 1998, and from 1 April 1998 included in the new non-metropolitan
district of Herefordshire: see para 5.2 above.
28
Succeeded by Wyre Forest District Council in accordance with the Local Government Act
1972: see n 3 above.
29 Succeeded in accordance with the Local Government Act 1972 by Leominster District
Council between 1974 and 1998, and from 1 April 1998 included in the non-metropolitan
district of Herefordshire: see para 5.2 above.
30 Succeeded in accordance with the Local Government Act 1972 by South Herefordshire
District Council between 1974 and 1998, and from 1 April 1998 included in the new nonmetropolitan
district of Herefordshire: see para 5.2 above.
31 Including the Leominster Markets and Fairs Act 1853, s 48 relating to the borough’s
ancient court of record which was abolished by the Local Government Act 1972, s 221,
Sch 28, and the Ross Improvement Act 1865, ss 28 and 32 so far as they relate to the
Ross Corn Exchange and Public Buildings Company (Limited) which was wound up in
1873 (Public Record Office, BT 31/526/2111).
32 Leominster Markets and Fairs Act 1853, s 38 (fine for destroying or damaging tables of
tolls, stallages or rents); Hereford Improvement Act 1854, s 37 (fine for damaging the
market place or any of its buildings, stalls etc., or for causing any obstruction or damage
there).
33 Leominster Markets and Fairs Act 1853, ss 29, 30, 32 to 34, Schs B, C, E and F; Ross
Improvement Act 1865, ss 29 and 32 (both in part) and Hereford Corporation Act 1936,
s 65.
34 Local Government (Miscellaneous Provisions) Act 1976, s 36. See also Local Government
Act 1972, s 199(4) (cesser of local Act provisions for the determination by the Secretary of
State of stallages, tolls and other charges for the purposes of markets).
35 Leominster Markets and Fairs Act 1853, s 15; Hereford Order 1911, art 1 (confirmed by
Local Government Board’s Provisional Orders Confirmation (No 14) Act 1911); Hereford
Order 1923, art 2(1) (confirmed by Ministry of Health Provisional Orders Confirmation (No
3) Act 1923).
36 Local Government and Housing Act 1989, s 43(7).
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