Office of Public Sector Information
PART I continued
[F21(1ZA)The undertaking of a universal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Part; and references in this Part to his undertaking shall be construed accordingly.]
[F22(1A)Sections 13, 15, 16, 29, 30, 32, 38, 39 and 41 of this Act shall have effect as if the Broads Authority were a local authority and the Broads (as defined in the Norfolk and Suffolk Broads Act 1988) were its local government area.]
[F23(1B)Section 16 of this Act shall have effect as if the Environment Agency were a local authority.]
(2)[F24Section 322 of the M3Highways Act 1980] (which relates to the service of documents) shall apply to the service of any document by or on the Secretary of State in pursuance of [F24section 7 of this Act as if that section were a provision of that Act].
(3)When an offence under this Part of this Act (including an offence under byelaws made by virtue of section 12 of this Act) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members the preceding provisions of this subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(4)Except so far as this Part of this Act expressly provides otherwise and subject to the provisions of section 33 of the M4Interpretation Act 1889 (which relates to offences under two or more laws), nothing in this Part of this Act—
(a)confers a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of this Part of this Act or an instrument made in pursuance of this Part of this Act;
(b)affects any restriction imposed by or under any other enactment, whether public, local or private; or
(c)derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Part of this Act.
(5)Nothing in paragraph (a) of the preceding subsection applies to the failure of a person to perform a duty imposed on him by section 1(4), 2(5), 25(6) or 7(b) [F25of this Act or section 61(2)(c) of the Road Traffic Regulation Act 1984].
(6)References in this Part of this Act to any enactment are references to it as amended by or under any other enactment.
F1Words in S. 44(1) inserted (E.W.) (11.7.2001 (E.), 1.4.2002 (W.)) by S.I. 2001/2237, arts. 2(c), 11(2); S.I. 2002/808, art. 11(2)
F2Words substituted by Highways Act 1980 (c. 66, SIF 59), s. 343(2), Sch. 24 para. 27(c)
F3Definition of “local authority” substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 53(b)
F4Words repealed by virtue of Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17
F5S. 44(1): words in para. (a) of definition of “local authority” inserted (1.10.1994 for specified purposes, otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 para. 18; S.I. 1994/2025, art. 6(2)(g)(subject to art. 6(3)-(6)); S.I. 1994/3262, art. 4, Sch.
F6S. 44(1): words in para. (a) of definition of “local authority” substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(k)
F7Words in para. (a) in definition in s. 44(1) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 41 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.
F8In s. 44(1) in definition of "local authority" words in para. (a) repealed (1.4.2002) by virtue of 2001 c. 16, ss. 128(1), 137, Sch. 6 Pt. 2 para. 35, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)
F9Word in para. (a) in definition in s. 44(1) repealed (3.7.2000) by 1999 c. 29, ss. 323, Sch. 34 Pt. VIII; S.I. 2000/1094, art. 4(i)
F10Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
F11Words in paras. (a) and (c) in definition in s. 44(1) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 24 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(h)
F12Para. (c) inserted by S.I. 1990/1765, art. 4(5)
F13Words substituted by Highways Act 1980 (c. 66, SIF 59), Sch. 24 para. 27(c)
F14Words substituted by virtue of British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 3 para. 10(4)
F15Words repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
F16Words repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 3(1)(d), Sch. 5 para. 45, Sch. 7 Pt. I
F17S. 44(1): words in the definition of
“statutory undertakers”
substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 42(2)(a)
F18Words repealed by Highways Act 1980 (c. 66, SIF 59), Sch. 24 para. 27(c), Sch. 25
F19Words substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 35(a)
F20S. 44(1): definition of
“universal service provider”
inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 42(2)(b)
F21S. 44(1ZA) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 42(3)
F22S. 44(1A) inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 15
F23S. 44(1B) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 33 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F24Words substituted by Highways Act 1980 (c. 66, SIF 59), s. 343(2), Sch. 24 para. 27
F25Words substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 35(b)
C1S. 44(1) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(m)
C2S. 44(1) extended by S.I. 1987/2110, art. 2(2), Sch. 1 para. 8(j)
C3S. 44(3)–(5) extended by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 61(7)
M11980 c. 66.
M21984 c. 27.
M31980 c. 66.
M41889 c. 63.
Local Government (Miscellaneous Provisions) Act 1976