STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

(c) provisions to ensure that animals and poultry brought to the
market concerned are fit for food 37 which have been overtaken by
the general law; 38
(d) a provision extending the powers of veterinary inspectors 39 which
has also been overtaken by the general law. 40
5.7 In Hereford and Worcester local statutory provisions relating to sewerage and
sewage disposal remain unrepealed for Bredon, 41 Hereford, Kidderminster,
Malvern, Upton-upon-Severn and Yardley. These provisions, so far as proposed
for repeal, are duplicated by the general law contained in the Water Industry Act
1991 and the Water Resources Act 1991 or they relate to spent compulsory
purchase powers or they are otherwise spent or obsolete.
36 Protective Provisions
5.1 Protective provisions (which safeguard the rights, property and works of
particular organisations and individuals against the exercise of powers conferred
by local Acts or orders) are exempted from the cesser under section 262(9) of
the Local Government Act 1972, but a considerable number have either been
superseded by protective provisions in later general legislation or become
obsolete or spent. Those proposed for repeal fall within the following main
categories:
(a) provisions for the protection of highway authorities and
electricity, gas or water undertakers’ works in streets and on
bridges which were replaced by the street works code
enacted by the Public Utilities Street Works Act 1950; 42
(b) provisions giving protection against the exercise of electricity
undertakers’ powers so far as protection is given to British
Telecom (as successor to the Postmaster General) by paragraph 5
of Schedule 4 to the Electricity Act 1989, and to railway and canal
undertakers by paragraphs 1, 43 6 and 7 of Schedule 4 to that Act;
37 Hereford Corporation Act 1936, ss 73 and 74.
38
Animal Health Act 1981, especially ss 25, 28, 35, 50-52, 58-60, 63, 64, 66, 75, 87 and 91;
Animal Health and Welfare Act 1984.
39 Hereford Corporation Act 1936, s 75.
40 Local Government Act 1972, Sch 29 para 4(1).
41
In respect of property acquired by the former Rural District Council of Tewkesbury
(Gloucestershire).
42 Provisions in earlier public general and local enactments relating to such works ceased to
have effect by virtue of the Public Utilities Street Works Act 1950, ss 15(3), 17(2) and
24(2). The street works code in the 1950 Act has been largely replaced by that contained
in the New Roads and Street Works Act 1991. Under section 101 of the 1991 Act
provisions in special enactments, including local or private legislation, which are
inconsistent with the new code have ceased to have effect: New Roads and Street Works
Act 1991 (Commencement No 5 and Transitional Provisions and Savings) Order 1992 (SI
1992 No 2984).
43
As amended by paragraph 123 of Schedule 8 to the New Roads and Street Works Act
1991.
71