Local Government (Miscellaneous Provisions) Act 1984

c i e
AT 5 of 1984

LOCAL GOVERNMENT (MISCELLANEOUS

PROVISIONS) ACT 1984

Local Government (Miscellaneous Provisions) Act 1984 Index


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c i e
LOCAL GOVERNMENT (MISCELLANEOUS

PROVISIONS) ACT 1984

Index Section Page

PART I – REMOVAL AND DISPOSAL OF VEHICLES 5

1 Unauthorised dumping of vehicles .............................................................................. 5
2 Power to remove vehicles .............................................................................................. 6
3 Power of constable to require removal of vehicles .................................................... 7
4 Custody of vehicles ........................................................................................................ 7
5 Disposal of vehicles ........................................................................................................ 7
6 Charges for removing vehicles etc ............................................................................... 8
7 Regulations ...................................................................................................................... 9
8 Interpretation of Part I ................................................................................................... 9
PART II – MISCELLANEOUS 10

9 and 10 [Repealed] ......................................................................................................... 10
11 Open spaces ................................................................................................................... 10
12 Vesting of open space in local authority ................................................................... 11
13 [Repealed] ...................................................................................................................... 12
14 Maintenance of open land ........................................................................................... 12
14A Fixed penalty notices where failure to comply with notice under section 14 ...... 13
15 [Repealed] ...................................................................................................................... 14
16 Litter ............................................................................................................................... 14
17 [Repealed] ...................................................................................................................... 14
18 Housing .......................................................................................................................... 14
19 [Amends section 4 of the Local Government (Special Drainage Districts)
Act 1952.] ........................................................................................................................ 15
PART III – ACUPUNCTURE, TATTOOING ETC. 15

20 Acupuncture .................................................................................................................. 15
21 Tattooing, body-piercing and electrolysis ................................................................. 15
22 Registration .................................................................................................................... 15
23 Tattooing of minors ...................................................................................................... 17
23A Body-piercing of minors .............................................................................................. 17
Index Local Government (Miscellaneous Provisions) Act 1984


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24 Provisions supplementary to ss 20 to 23 ................................................................... 18
25 Power to enter premises .............................................................................................. 19
PART IV – SUPPLEMENTAL 20

26 Interpretation: general ................................................................................................. 20
27 [Repealed] ...................................................................................................................... 20
28 Citation and commencement ...................................................................................... 20
SCHEDULE 1 21

ENACTMENTS BY OR UNDER WHICH PARKING MAY BE PROHIBITED OR
RESTRICTED 21
SCHEDULE 2 21

SCHEDULE 3 22

MODIFICATIONS ETC. OF PARTS I, II AND III OF THE HOUSING ACT 1955
22
SCHEDULE 4 22

ENDNOTES 23

TABLE OF LEGISLATION HISTORY 23
TABLE OF RENUMBERED PROVISIONS 23
TABLE OF ENDNOTE REFERENCES 23

Local Government (Miscellaneous Provisions) Act 1984 Section 1


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c i e
LOCAL GOVERNMENT (MISCELLANEOUS

PROVISIONS) ACT 1984

Received Royal Assent: 20 February 1984
Passed: 21 February 1984
Commenced: Various Dates
AN ACT
to make fresh provision for the removal and disposal of vehicles; to
confer additional powers on local authorities; to make provision for absent
voters in local elections; to control the practices of acupuncture, tattooing, ear-
piercing and electrolysis; to increase certain penalties and for connected
purposes.
GENERAL NOTES

1. The maximum fines in this Act are as increased by the Criminal Justice (Penalties,
Etc.) Act 1993 s 1.
2. References to the Isle of Man Medical Officer of Health are to be construed in
accordance with the Local Government Act 1985 Sch 4.
PART I – REMOVAL AND DISPOSAL OF VEHICLES

1 Unauthorised dumping of vehicles

[P1978/3/2]
(1) Any person who, without lawful authority, abandons on any road, or on
any land in the open air, a vehicle, or anything which formed part of a
vehicle and was removed from it in the course of dismantling it, shall be
guilty of an offence and liable on summary conviction to a fine not
exceeding £5,000.
(2) For the purpose of subsection (1), a person who leaves any such vehicle
or thing on a road or on land in such circumstances or for such a period
or in such condition that he may reasonably be assumed to have
abandoned it, shall be deemed to have abandoned it there unless the
contrary is shown.
Section 2 Local Government (Miscellaneous Provisions) Act 1984


Page 6 AT 5 of 1984 c

(3) Summary proceedings for an offence under subsection (1) may be
brought within a period of 6 months from the date on which evidence
sufficient in the opinion of the prosecutor to warrant the proceedings
came to his knowledge, but no such proceedings shall be brought by
virtue of this subsection more than 3 years after the commission of the
offence.
(4) For the purposes of subsection (3) a certificate signed by or on behalf of
the prosecutor and stating the date on which such evidence as aforesaid
came to his knowledge shall be conclusive evidence of that fact, and a
certificate stating that matter and purporting to be so signed shall be
deemed to be so signed unless the contrary is proved.
2 Power to remove vehicles

[P1978/3/3; SI1978/43]
(1) An appropriate authority may remove from a road —
(a) any vehicle which has been parked or broken down on the road in
contravention of any statutory prohibition or restriction;
(b) any vehicle which has been parked or broken down on the road in
such a position, in such a condition or in such circumstances as to
cause an obstruction to persons using the road or to be likely to
cause danger to such persons; or
(c) any vehicle which appears to the authority to have been
abandoned.
(2) An appropriate authority may, subject to subsection (3), remove from
any land in the open air any vehicle which appears to the authority to
have been abandoned.
(3) The appropriate authority shall, if the land in question appears to it to be
occupied and the name and address of the occupier is known to, or can
reasonably be ascertained by, the authority, give notice of its intention to
remove the vehicle to the occupier, and shall not remove the vehicle
under subsection (2) if, within the prescribed time, he objects to the
removal.
(3A) Where in pursuance of subsection (1)(c) or (2) an appropriate authority
proposes to remove a vehicle which in its opinion is in such a condition
that it ought to be destroyed, it shall, not less than the prescribed period
before removing it, cause to be affixed to the vehicle a notice stating that
the authority proposes to remove it for destruction on the expiration of
that period.1

(4) In this section, “appropriate authority” means —
(a) the Department;2

(b) the local authority for the district in which the road or land in
question is situated; and
Local Government (Miscellaneous Provisions) Act 1984 Section 3


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(c) in relation to a vehicle falling within subsection (1), a constable.3

3 Power of constable to require removal of vehicles

[SI1968/43]
(1) A constable may require the owner, driver or other person in control or
charge of any vehicle falling within section 2(l)(a) or (b) to move the
vehicle or to cause it to be moved, and for that purpose may require that
the vehicle be moved from the road to a place off the road and any other
road, or that it shall not be moved to any such road or to any such
position on the road as he may specify.
(2) A person required under subsection (1) to move a vehicle or to cause it to
be moved shall comply with the requirement as soon as practicable, and
if he fails to do so he shall be guilty of an offence and liable on summary
conviction to a fine not exceeding £1,000.
4 Custody of vehicles

[P1967/76/20(6); P1978/3/3(8)]
(1) Any vehicle removed by an authority other than the Department
pursuant to section 2 or an order under section 11(1) or 14A(4) of the
Road Traffic Regulation Act 1985 (regulation of parking places) shall be
delivered to the Department.4

(2) The Department shall take such steps as are reasonably necessary for the
safe custody of a vehicle removed by it pursuant to section 2 or an order
under the said section 11(1) or 14A(4) or delivered to it under
subsection (1), other than a vehicle to which a notice was affixed in
accordance with section 2(3A).5

5 Disposal of vehicles

[P1967/76/53; P1978/3/4]
(1) Subject to subsection (2), the Department may, in such manner as it
thinks fit, dispose of any vehicle removed by it pursuant to section 2 or
an order under section 11(1) or 14A(4) of the Road Traffic Regulation Act
1985 or delivered to it under section 4(1) —
(a) in the case of a vehicle to which a notice was affixed in accordance
with section 2(3A) and on which no current licence was displayed
at the time of its removal, at any time after its removal;
(b) in the case of a vehicle to which a notice was so affixed and on
which a current licence was displayed at the time of its removal,
at any time after the licence expires;
(c) in any other case, at any time after it has taken the prescribed
steps to find the owner of the vehicle, and either —
(i) it has failed to find the owner; or
Section 6 Local Government (Miscellaneous Provisions) Act 1984


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(ii) the owner, or a person appearing to the Department to be
the owner, has failed to comply with a notice requiring him
to remove the vehicle within the prescribed period.6

(2) If, before a vehicle is disposed of pursuant to this section, it is claimed by
a person who satisfies the Department that he is the owner and pays to
the Department the prescribed charges in respect of its removal and
storage, the Department shall permit him to remove it from the
Department’s custody during the prescribed period.7

(3) If, during a period of one year from the date on which a vehicle is sold by
the Department pursuant to this section, any person satisfies the
Department that at the time of the sale he was the owner of the vehicle,
the Department shall pay to him the proceeds of the sale, less the
prescribed charges in respect of the removal, storage and disposal of the
vehicle.8

(4) In this section “current licence”, in relation to a vehicle, means a vehicle
licence issued in respect of the vehicle under the Licensing and
Registration of Vehicles Act 1985.9

6 Charges for removing vehicles etc

[P1967/76/52; P1978/3/5]
(1) Where a vehicle is removed pursuant to section 2 or an order under
section 11(1) of the Road Traffic Regulation Act 1985, the Department may
recover from any appropriate person —
(a) the prescribed charges in respect of the removal of the vehicle;
(b) charges determined in accordance with a prescribed scale in
respect of any period during which the vehicle is in the custody of
the Department; and10

(c) where the vehicle is disposed of pursuant to section 5, the
prescribed charges in respect of its disposal.11

(2) A court of summary jurisdiction by whom a person is convicted of an
offence under section 1 or 3 in respect of a vehicle may order him to pay
to the Department any sum which appears to the court to be due from
him to the Department under this section in respect of the vehicle.12

(3) Where, by virtue of subsection (1)(a) or (b), any sum is recoverable by the
Department in respect of a vehicle, the Department shall be entitled to
retain custody of it until the sum has been paid.13

(4) The Department shall pay to a local authority by which a vehicle is
removed any sum recovered under section 5 or this section in respect of
charges for the removal of the vehicle, and where the vehicle is sold by
the Department pursuant to section 5 the amount of such charges shall
be paid to the authority out of the proceeds of sale, to be credited in
either case to the district fund of the authority.14

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(5) In this section —
“appropriate person”, in relation to a vehicle, means —
(a) any person by whom the vehicle was put in the place from which
it was removed;
(b) the owner of the vehicle; or
(c) any person convicted of an offence under section 1 or 3 in respect
of the vehicle;
“owner” includes the person by whom a vehicle is, or was last, kept and used,
and in relation to a mechanically propelled vehicle includes the person
for the time being registered as owner thereof pursuant to regulations
under section 13(1) of the Licensing and Registration of Vehicles Act 1985 or
any corresponding provision relating to the registration of vehicles in
force in the United Kingdom, the Republic of Ireland or the Channel
Islands.15

(6) A document issued by or on behalf of the Department, or by or on behalf
of the corresponding authority in any part of the United Kingdom, the
Republic of Ireland or any of the Channel Islands, and stating that a
person is registered as the owner of a vehicle as mentioned in
subsection (5), shall be evidence of the facts stated therein; and a
document purporting to be so issued shall be deemed to be so issued
unless the contrary is proved.16

7 Regulations

The Department may make regulations for prescribing anything which may be
prescribed for the purposes of this Part, but no such regulations shall have effect
unless they are approved by Tynwald.17

8 Interpretation of Part I

(1) In this Part —
“prescribed
” means prescribed by regulations made by the Department;18

“parked
” means permitted to remain at rest;
“road
” means any highway and any other road to which the public has access,
and includes a bridge over which a road passes;
“statutory prohibition or restriction
” means a prohibition or restriction
contained in or having effect by virtue of any of the enactments specified
in Schedule 1;
“vehicle
” means any vehicle, whether or not in a state for use on roads, and
includes any chassis or body, with or without wheels, appearing to have
formed part of such a vehicle, and anything carried by or attached to a
vehicle.
Section 11 Local Government (Miscellaneous Provisions) Act 1984


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(2) References in this Part to a vehicle which has been parked or broken
down or been abandoned include references to a vehicle which was
parked or broke down or was abandoned before the commencement of
this Part.
PART II – MISCELLANEOUS

9 and 10 [Repealed]
19

11 Open spaces

[P1906/25/9 and 10]
(1) A local authority may, subject to the provisions of this section, —
(a) acquire by agreement or compulsorily any open space within or
without its district; and
(b) undertake the maintenance, management and control of any open
space in its district, whether or not such open space is for the time
being vested in the authority.
(2) Where a local authority acquires an open space by agreement under
subsection (1)(a), it may acquire it for valuable or nominal consideration
or for no consideration.
(3) Where a local authority acquires, or undertakes the maintenance,
management and control of, an open space under subsection (1), the
authority —
(a) shall hold or manage the open space for the purpose of allowing
the enjoyment thereof by the public at large, or by the inhabitants
of its district, or by the inhabitants of a specified part of its district,
as the authority may from time to time resolve;
(b) shall maintain and keep the open space in a decent and tidy state;
(c) may enclose it or keep it enclosed with fences and gates, and may
drain, level, lay out, turf, plant, ornament, light, provide with
seats and otherwise improve it, and may lay it out as recreation
grounds for sports or pastimes; and
(d) subject to section 317 of the 1916 Act, may make byelaws for the
regulation of the open space and its use.
(4) The powers conferred by subsection (3) shall be exercised subject to any
terms and conditions upon and subject to which the open space was
acquired, or its maintenance, management and control is for the time
being undertaken, as the case may be.
(5) If a local authority resolve under subsection (3)(a) to manage an open
space for the purpose of allowing the enjoyment thereof by the
inhabitants of a specified part of its district, and the Department
Local Government (Miscellaneous Provisions) Act 1984 Section 12


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constitute that part of the district a special district for the purpose of
charging exclusively thereon the expenses of maintaining and improving
the open space, then —
(a) such resolution shall not be rescinded or varied without the
consent of the Department; and20

(b) the authority may with the consent of the Department delegate to
a committee of ratepayers of that part of its district such of its
functions relating to the maintenance, management and control of
the open space as the authority thinks fit.21

12 Vesting of open space in local authority

(1) This section applies where —
(a) any land is being or has been developed (whether before or after
the passing of this Act) in accordance with planning approval
granted pursuant to a development order under Part 2 of the
Town and Country Planning Act 1999, and22

(b) either —
(i) it was a condition of such approval that a part of that land
should be preserved or laid out as amenity land (whether
in relation to the remainder of that land or in relation to
any neighbouring land), or
(ii) it was a condition of such approval that a part of that land
(not being land comprised in the curtilage of a building)
should remain unbuilt upon because a sewer or gas, water
or electric main was or was to be laid under, or an
overhead electric line was or was to be carried over or in
the vicinity of, that part, or
(iii) the plans the subject of such approval provided for the
preservation of a part of that land as such amenity land, or
for such a part of that land to remain unbuilt upon for any
such reason.
(2) Where this section applies, the Department, with the consent of every
person entitled to an interest in the relevant part of the land in question
(“the relevant area”), may by order —
(a) vest the relevant area in the local authority for the district in
which it is situated; and
(b) provide that section 11(3) and (5) shall, subject to such terms and
conditions as may be specified in the order, apply to the relevant
area as if it had been acquired by the authority under
section 11(l).23

Section 13 Local Government (Miscellaneous Provisions) Act 1984


Page 12 AT 5 of 1984 c

(3) Except where an order under subsection (2) is made with the consent of
the local authority concerned, the order shall not have effect unless it is
approved by Tynwald.
(4) In this section “amenity land” does not include land forming a highway
or part of a highway.
13 [Repealed]
24

14 Maintenance of open land

(1) If it appears to a local authority that any garden or vacant or other open
land in its district is by virtue of lack of cultivation, the presence of
anything on the land, or for any other reason in such a condition as to be
detrimental to the amenities of the neighbourhood or that such detriment
is likely to occur or recur, the authority may by notice require the owner
or the occupier of the land within the time specified in the notice to take
such steps as are specified in the notice for abating the detriment, or, as
the case may be, to prevent the detriment from occurring or recurring.25

(2) If a person to whom a notice under subsection (1) is given as owner of
the land is no longer the owner, he shall, within 21 days after service of
the notice on him, notify the local authority in writing of the fact, giving
particulars of —
(a) the name and address of the person who became the owner on his
ceasing to be the owner, and
(b) the instrument or event by virtue of which he ceased to be the
owner;
and if he fails without reasonable excuse to do so, he shall, in any
proceedings arising out of the notice, be conclusively presumed to have
been the owner of the land during the time within which the notice
should have been complied with.26

(3) A notice under this section may be combined with a notice under
section 24 (ruinous buildings etc) of the Building Control Act 1991 relating
to premises in the same ownership or occupation; and where an appeal is
made against both notices, the appeals may be heard and determined
together.
(4) A notice under subsection (1) is not invalid merely on the ground that
any other garden or land in the neighbourhood is in the condition
mentioned in that subsection.27
28

Local Government (Miscellaneous Provisions) Act 1984 Section 14


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14A Fixed penalty notices where failure to comply with notice under

section 14

(1) This section applies where a person is guilty of an offence under section
58(7) of the Local Government Act 1985 as a result of failure to comply
with a notice under section 14.
(2) An authorised officer may serve on that person a notice offering him or
her the opportunity of discharging any liability to conviction for an
offence under section 58(7) of the Local Government Act 1985 by payment
of a fixed penalty.
(3) Where a person is given a notice under this section in respect of an
offence —
(a) no proceedings may be instituted for that offence before the
expiration of the period of 21 days following the date of the
notice; and
(b) he or she may not be convicted of that offence if he or she pays the
fixed penalty before the expiration of the period.
(4) A notice under this section must give such particulars of the
circumstances constituting the offence as are necessary for giving
reasonable information of the offence.
(5) A notice under this section must also —
(a) state the period during which, by virtue of subsection (3),
proceedings will not be taken for the offence;
(b) state the amount of the fixed penalty;
(c) state the person to whom and the address at which the fixed
penalty may be paid; and
(d) contain a statement informing the person of the local authority’s
powers under subsection (13) and section 58(7) of the Local
Government Act 1985 in the event that the works are not carried
out.
(6) Subject to subsection (5), the form of a notice under this section is to be
such as the Department may specify.
(7) The fixed penalty payable to the local authority under this section is,
subject to subsection (10), £200 or such other amount as the Department
may specify.
(8) Without prejudice to payment by any other method, payment of the
fixed penalty may be made by pre-paying and posting a letter containing
the amount of the penalty to the person mentioned in subsection (5)(c) at
the address so mentioned.
(9) Where a letter is sent in accordance with subsection (8) payment is to be
regarded as having been made at the time at which that letter would be
delivered in the ordinary course of post.
Section 15 Local Government (Miscellaneous Provisions) Act 1984


Page 14 AT 5 of 1984 c

(10) The Department may make provision by order for treating a fixed
penalty as having been paid if a lesser amount is paid before the end of a
period specified by the Department.
(11) An order under this section does not have effect unless it is approved by
Tynwald.
(12) A fixed penalty under this section is recoverable as a civil debt and in
any proceedings a certificate which —
(a) purports to be signed by an authorised officer; and
(b) states that payment of a fixed penalty was or was not received by
a date mentioned in the certificate,
is evidence of the facts stated.
(13) Where a fixed penalty under this section has been paid, but the works to
which the notice under section 14 relates have not been carried out in
accordance with that notice the local authority concerned may exercise
the power in section 58(7)(b) of the Local Government Act 1985 in relation
to those works at the end of the specified period.
(14) In this section —
“authorised officer” means an officer of a local authority who is authorised in
writing by the local authority for the purposes of this section; and
“specified” means specified by order made by the Department.29

15 [Repealed]
30

16 Litter

(1) [Repealed]31

(2) [Amends section 1 of the Litter Act 1972.]
17 [Repealed]
32

18 Housing

(1) [Repealed]33

(2) The functions vested in a local authority under Parts I, II and III of the
Housing Act 1955 shall, subject to the exceptions and modifications
specified in Schedule 3, also be exercisable by the Department.34

Local Government (Miscellaneous Provisions) Act 1984 Section 19


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19 [Amends section 4 of the Local Government (Special Drainage

Districts) Act 1952.]

PART III – ACUPUNCTURE, TATTOOING ETC.

20 Acupuncture

[P1982/30/14(1) and (2)]
(1) A person shall not carry on the practice of acupuncture unless he is
registered by the Department of Environment, Food and Agriculture
under this section.35

(2) A person shall only carry on the practice of acupuncture in premises
registered by the Department of Environment, Food and Agriculture
under this section; but a person who is registered under this section does
not contravene this subsection merely because he sometimes visits
people to give them treatment at their request.36

21 Tattooing, body-piercing and electrolysis

[P1982/30/15(1) and (2)]
(1) A person shall not carry on the business of tattooing, of body-piercing or
of electrolysis unless he is registered by the Department of Environment,
Food and Agriculture under this section.37

(2) A person shall only carry on a business mentioned in subsection (1) in
premises registered under this section for the carrying on of that
business; but a person who carries on the business of tattooing, body-
piercing or electrolysis and is registered under this section as carrying on
that business does not contravene this subsection merely because he
sometimes visits people at their request to tattoo them or, as the case may
be, to pierce their bodies or give them electrolysis.
22 Registration

[P1982/30/14(3)-(8)]
(1) Subject to subsection (2), on application for registration under section 18
or 19 the Department of Environment, Food and Agriculture shall
register the applicant and the premises where he desires to carry on his
practice or business, as the case may be, and shall issue to the applicant a
certificate of registration.38

(2) The Department of Environment, Food and Agriculture may refuse an
application for registration under section 20 or 21 —
(a) if the applicant has within the last 10 years been convicted of an
offence under —
(i) section 24(l) or (2);
Section 22 Local Government (Miscellaneous Provisions) Act 1984


Page 16 AT 5 of 1984 c

(ii) Part VIII of the Local Government (Miscellaneous
Provisions) Act 1982 (an Act of Parliament); or
(iii) any other statutory provision (including a local Act of
Parliament and any instrument of a legislative character in
the nature of a local Act) relating to the control of a practice
or business referred to in section 20 or 21 and in force or
previously in force in any part of the United Kingdom; or39

(b) in the case of an application for registration of premises under
section 20(2) or 21(2), if the Department of Environment, Food
and Agriculture is not satisfied that the premises comply with the
requirements of regulations under subsection (6)(a) applicable
thereto.40

(3) An application for registration under section 20 or 21 shall be
accompanied by such particulars as the Department of Environment,
Food and Agriculture may reasonably require.41

(4) The particulars that the Department of Environment, Food and
Agriculture may require include, without prejudice to the generality of
subsection (3), —
(a) particulars as to the premises where the applicant desires to carry
on his practice or business, as the case may be; and
(b) particulars of any conviction of the applicant of an offence
referred to in subsection (2),
but do not include information about individual people to whom the
applicant has given treatment or whom the applicant has tattooed or
given electrolysis or whose body he has pierced, as the case may be.42

(5) The Department of Environment, Food and Agriculture may charge such
reasonable fees as they may determine for registration under section 20
or 21.43

(6) The Department of Environment, Food and Agriculture may make
regulations for the purposes of securing —
(a) the cleanliness of premises registered under section 20 or 21 and
fittings in such premises;
(b) the cleanliness of persons so registered and persons assisting
persons so registered in the practice or business in respect of
which they are registered;
(c) the cleansing and, so far as is appropriate, the sterilisation of
instruments, materials and equipment used in connection with a
business in respect of which a person is registered under this
section, and such regulations may make different provision in
relation to the practice of acupuncture and a business referred to
in section 21(1).44

Local Government (Miscellaneous Provisions) Act 1984 Section 23


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(7) Before making any regulations under subsection (6) the Department of
Environment, Food and Agriculture shall consult the Isle of Man Medical
Officer of Health, and no such regulations shall have effect unless they
are approved by Tynwald.45

(8) Nothing in section 20 or 21 shall extend to the carrying on of a practice or
business such as is mentioned in section 20 or 21 by or under the
supervision of a person who is a registered medical practitioner or to
premises on which any such practice or business is carried on by or
under the supervision of such a person.
23 Tattooing of minors

[P1969/24/1]
A person shall not tattoo a person under the age of 18 except when the tattoo is
performed for medical reasons by a registered medical practitioner or by a
person working under his direction.
23A Body-piercing of minors

(1) Subject to subsections (2) and (3), a person shall not pierce any part of the
body of a person under the age of 18.
(2) Subsection (1) does not apply where —
(a) a parent of the person under the age of 18 consents in writing in
the prescribed form to the body-piercing, or
(b) that person is married.
(3) Nothing in subsection (1) applies to —
(a) an injection for medical reasons of a medicinal product; or
(b) any other body-piercing performed for medical reasons by a
registered medical practitioner or by a person working under his
direction.
(4) In this section —
“medicinal product” has the same meaning as in the Medicines Act 2003;46

“parent”, in relation to a person under the age of 18, means a person of the age
of 18 or over having parental responsibility for him;
“prescribed form” means a form prescribed by regulations made by the
Department of Environment, Food and Agriculture.47

(5) Regulations made for the purpose of subsection (4) shall not have effect
unless they are approved by Tynwald.48

Section 24 Local Government (Miscellaneous Provisions) Act 1984


Page 18 AT 5 of 1984 c

24 Provisions supplementary to ss 20 to 23

[P1982/30/16]
(1) Any person who contravenes section 20(l) or (2) or section 21(1) or (2)
shall be guilty of an offence and liable on summary conviction to a fine
not exceeding £2,500.
(2) Any person who contravenes any provision of regulations made under
section 22(6) shall be guilty of an offence and liable on summary
conviction to a fine not exceeding £2,500.
(3) A person who contravenes section 23 or section 23A shall be guilty of an
offence and liable on summary conviction to a fine not exceeding
£2,500.49

(4) If a person registered under section 20 or 21 is found guilty of an offence
under subsection (2) or (3), the court, instead of or in addition to
imposing a fine under subsection (2) or (3), may order the suspension or
cancellation of his registration under that section.
(5) A court which orders the suspension or cancellation of a registration by
virtue of subsection (4) may also order the suspension or cancellation or
any registration under section 20 or, as the case may be, section 21 of the
premises in which the offence was committed, if they are occupied by the
person found guilty of the offence.
(6) Subject to any order made on appeal against an order under
subsection (4), where the registration of any person under section 20 or
21 is cancelled by such an order —
(a) he shall within 7 days deliver up to the Department of
Environment, Food and Agriculture the cancelled certificate of
registration, and, if he fails to do so, he shall be guilty of an
offence and liable on summary conviction to a fine not exceeding
£200 and thereafter to a daily fine not exceeding £5; and50

(b) he shall not again be registered by the Department of
Environment, Food and Agriculture under section 20 or, as the
case may be, section 21 within the period of 10 years from the date
of the order.51

(7) A person registered under section 20 or 21 shall keep a copy —
(a) of any certificate of registration issued to him under section 22(l);
and
(b) of any regulations under section 22(6) relating to the practice or
business in respect of which he is so registered,
prominently displayed at the place where he carries on that practice or
business.
(8) A person who contravenes subsection (7) shall be guilty of an offence
and liable on summary conviction to a fine not exceeding £200.
Local Government (Miscellaneous Provisions) Act 1984 Section 25


c AT 5 of 1984 Page 19

(9) It shall be a defence for a person charged with an offence under
subsection (1), (2), (6) or (8) to prove that he took all reasonable
precautions and exercised all due diligence to avoid commission of the
offence.
(10) It shall be a defence for a person charged with an offence under
subsection (3) to prove that, at the time the tattoo or body-piercing was
performed, he reasonably believed that the person on whom it was
performed was not under the age of 18.52

(11) Nothing in this Part applies to anything done to an animal.
25 Power to enter premises

[P1982/30/17]
(1) Subject to subsection (2), an authorised officer of the Department of
Environment, Food and Agriculture may —
(a) enter and inspect any premises registered under section 20 or 21;
or
(b) enter (by force if need be) and inspect any premises if he has
reason to suspect that an offence under section 24 is being
committed there.53

(2) The power conferred by subsection (1)(b) may be exercised by an
authorised officer of the Department of Environment, Food and
Agriculture only if he has been granted a warrant by a justice of the
peace.54

(3) A justice may grant a warrant under this section only if he is satisfied —
(a) that admission to any premises has been refused, or that refusal is
apprehended, or that the case is one of urgency, or that an
application for admission would defeat the object of the entry;
and
(b) that there is reasonable ground for entry under this section.
(4) A warrant shall not be granted unless the justice is satisfied either that
notice of the intention to apply for a warrant has been given to the
occupier, or that the case is one of urgency, or that the giving of such
notice would defeat the object of the entry.
(5) A warrant shall continue in force —
(a) for 7 days; or
(b) until the power conferred by this section has been exercised in
accordance with the warrant,
whichever period is the shorter.
(6) Where an authorised officer of the Department of Environment, Food
and Agriculture exercises the power conferred by this section, he shall
Section 26 Local Government (Miscellaneous Provisions) Act 1984


Page 20 AT 5 of 1984 c

produce his authority if required to do so by the occupier of the
premises.55

(7) Any person who without reasonable excuse refuses to permit an
authorised officer of the Department of Environment, Food and
Agriculture to exercise the power conferred by this section shall be guilty
of an offence and shall for every such refusal be liable on summary
conviction to a fine not exceeding £2,500.56

PART IV – SUPPLEMENTAL

26 Interpretation: general

In this Act —
“the 1916 Act
” means the Local Government Consolidation Act 1916;
“the Board
” [Repealed]57

“body-piercing
” means the piercing of any part of the body;
“the Department
” means the Department of Infrastructure;58

“the Highway Board
” [Repealed]59

“the Highways Department
” [Repealed]60

“tattoo
” means the insertion into the skin of any colouring matter designed to
leave a permanent mark and includes the removal by any process of any
mark so made;
“town district
” and “village district
” have the same meanings as in the 1916
Act.
27 [Repealed]
61

28 Citation and commencement

(1) This Act may be cited as the Local Government (Miscellaneous
Provisions) Act 1984.
(2) The following provisions of this Act shall come into operation on such
day or days as the Department may by order appoint —
Part I;
section 17;
Part III;
section 27 and Schedule 4, so far as they relate to the Local
Government (Registration of Electors and Election by Ballot) Act 1904,
the Road Traffic Act 1963 and the Road Traffic Act 1974.62
63

Local Government (Miscellaneous Provisions) Act 1984 Schedule 1



c AT 5 of 1984 Page 21

SCHEDULE 1

ENACTMENTS BY OR UNDER WHICH PARKING MAY BE

PROHIBITED OR RESTRICTED

Section 8 [SI1968/43] [Sch 1 amended by Road Traffic Regulation Act 1985 Sch 1, by
Road Traffic Act 1985 Sch 8, by Road Traffic Act 1989 Sch 7, by Road Traffic
(Amendment) Act 1991 s 5, by Local Government (Miscellaneous Provisions) Act 2001
s 7 and by Road Transport Act 2001 Sch 4.]
Act Provision of Act
The Road Traffic Regulation Act 1985 Section 1 (traffic regulation orders)
Section 2 (overnight and weekend
parking)
Section 3 (temporary traffic orders)
Section 7 (pedestrian crossing regulations)
Section 11 (orders as to off-street parking
places)
Sections 14 to 14B (regulation of on-street
parking places)
Section 17 (emergency traffic signs)
The Road Traffic Act 1985 Section 16 (compliance with traffic signs)
Section 18 (parking of motor vehicles)
Section 19 (obstructive and dangerous
parking)
Section 30 (parking on footways)
SCHEDULE 2
64


Schedule 3
Local Government (Miscellaneous Provisions) Act 1984


Page 22 AT 5 of 1984 c

SCHEDULE 3
65

MODIFICATIONS ETC. OF PARTS I, II AND III OF THE

HOUSING ACT 1955

Section 18(2)
Provision Subject matter Exceptions and Modifications

PART I - CONDITION OF HOUSES
Section 1. Duties of authorities. Omit.
Section 7. Closing orders. In subsection (2), omit the proviso.
PART II – CLEARANCE AND REDEVELOPMENT
Section 17. Clearance areas. Omit subsection (2).
Section 21. Purchase of land in clearance
area.
Omit subsection (4).
Section 22. Treatment of clearance area. In subsection (1)(a), omit “subject to
the approval of the Department”.
Section 26. Rights of way. In subsection (1), omit “with the
approval of the Department”, and
for “approve” substitute “make”. In
subsection (2), omit “and the
Department to approve” and “or as
the Department in approving the
order may direct”.
Section 27. Apparatus of statutory
undertakers.
In subsection (6)(b), for
“Department” substitute “Council
of Ministers”.
PART III – OVERCROWDING
Section 34. Enforcement For subsection (1) substitute —
“(1) The Department may institute a
prosecution for an offence against
the provisions of this Part.”.
SCHEDULE 4
66

Local Government (Miscellaneous Provisions) Act 1984 Endnotes


c AT 5 of 1984 Page 23

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (3A) inserted by Local Government (Miscellaneous Provisions) Act 2001 s 7 and
amended by Local Government (Miscellaneous Provisions) Act 2003 s 3. 2
Para (a) amended by GC192/86. 3
Para (c) amended by GC190/86 and by SD155/10 Sch 5. 4
Subs (1) amended by Road Traffic Regulation Act 1985 Sch 7, by GC192/86 and by
Road Traffic Act 1989 Sch 1. 5
Subs (2) amended by Road Traffic Regulation Act 1985 Sch 7, by GC192/86, by Road
Traffic Act 1989 Sch 1 and by Local Government (Miscellaneous Provisions) Act 2001 s
7. 6
Subs (1) substituted by Local Government (Miscellaneous Provisions) Act 2001 s 7. 7
Subs (2) amended by GC192/86. 8
Subs (3) amended by GC192/86. 9
Subs (4) added by Local Government (Miscellaneous Provisions) Act 2001 s 7. 10
Para (b) amended by GC192/86. 11
Subs (1) amended by Road Traffic Regulation Act 1985 Sch 7 and by GC192/86. 12
Subs (2) amended by GC192/86. 13
Subs (3) amended by GC192/86. 14
Subs (4) amended by GC192/86. 15
Definition of “owner” amended by Statute Law Revision Act 1997 Sch 1. 16
Subs (6) amended by SD41/93 and by SD155/10 Sch 5. 17
S 7 amended by GC192/86. 18
Definition of “prescribed” amended by GC192/86. 19
Ss 9 and 10 repealed by Local Government Act 1985 Sch 6.
Endnotes Local Government (Miscellaneous Provisions) Act 1984


Page 24 AT 5 of 1984 c

20
Para (a) amended by GC192/86. 21
Subs (5) amended by GC192/86. Para (b) amended by GC192/86. 22
Para (a) amended by Statute Law Revision Act 1986 Sch 1 and by Town and Country
Planning Act 1999 Sch 9. 23
Subs (2) amended by GC192/86. 24
S 13 repealed by Local Government Act 2006 Sch 4. 25
Subs (1) substituted by Local Government and Building Control (Amendment) Act
2016 s 5. 26
Subs (2) amended by Local Government (Miscellaneous Provisions) Act 2001 s 5. 27
Subs (4) inserted by Local Government and Building Control (Amendment) Act 2016
s 5. 28
S 14 substituted by Public Health (Amendment) Act 2000 s 10. 29
S 14A inserted by Local Government and Building Control (Amendment) Act 2016 s
6. 30
S 15 repealed by Highways Act 1986 Sch 9. 31
Subs (1) repealed by Public Health Act 1990 Sch 6. 32
S 17 repealed by Local Elections Act 1986 Sch 4. 33
Subs (1) repealed by Housing (Amendment) Act 1990 Sch 3. 34
Subs (2) amended by GC192/86. 35
Subs (1) amended by SD155/10 Sch 3. 36
Subs (2) amended by SD155/10 Sch 3. 37
Subs (1) amended by SD155/10 Sch 3. 38
Subs (1) amended by SD155/10 Sch 3. 39
Subpara (iii) amended by Statute Law Revision Act 1986 Sch 1. 40
Subs (2) amended by SD155/10 Sch 3. Para (b) amended by SD155/10 Sch 3. 41
Subs (3) amended by SD155/10 Sch 3. 42
Subs (4) amended by SD155/10 Sch 3. 43
Subs (5) amended by SD155/10 Sch 3. 44
Subs (6) amended by SD155/10 Sch 3. 45
Subs (7) amended by SD155/10 Sch 3. 46
Definition of “medicinal product” amended by Medicines Act 2003 Sch 3. 47
Definition of “prescribed form” amended by SD155/10 Sch 3. 48
S 23A inserted by Body-piercing of Minors Act 2000 s 1. 49
Subs (3) amended by Body-piercing of Minors Act 2000 s 1. 50
Para (a) amended by SD155/10 Sch 3. 51
Para (b) amended by SD155/10 Sch 3. 52
Subs (10) substituted by Body-piercing of Minors Act 2000 s 1. 53
Subs (1) amended by SD155/10 Sch 3. 54
Subs (2) amended by SD155/10 Sch 3. 55
Subs (6) amended by SD155/10 Sch 3. 56
Subs (7) amended by SD155/10 Sch 3. 57
Definition of “the Board” repealed by GC192/86.
Local Government (Miscellaneous Provisions) Act 1984 Endnotes


c AT 5 of 1984 Page 25

58
Definition of “the Department” inserted by GC192/86 and amended by SD155/10 Sch
5. 59
Definition of “the Highway Board” repealed by GC190/86. 60
Definition of “the Highways Department” repealed by SD155/10 Sch 5. 61
S 27 repealed by Statute Law Revision Act 1992 Sch 2. 62
Subs (2) amended by GC192/86. 63
ADO (Part I) 1/4/1989 (GC76/89); (Part III) 1/3/1985 (GC3/85). 64
Sch 2 repealed by Housing (Amendment) Act 1990 Sch 3. 65
Sch 3 amended by Transfer of Governor’s Functions Act 1992 Sch 1. 66
Sch 4 repealed by Statute Law Revision Act 1992 Sch 2.