§ Power and Description of Default Power
Public Health Act 1936, Section 322–325 (as amended by Local Government Miscellaneous Provisions Act 1976, section 27)
Secretary of State powers relating to public health functions, including provision of mortuaries, the making of by-laws relating to common lodging houses and the enforcement of certain building regulations.
If Secretary of State is satisfied that any council … have failed to discharge their functions … in any case where they ought to have done so, he may make an order declaring them to be in default and directing them … to discharge such of their functions, in such manner and within such time … as may be specified in the order".
If a council … fail to comply … within the time limited … the Secretary of State, in lieu of enforcing the orders by mandamus or otherwise, may make an order transferring to himself such of the functions of the body in default as may be specified in his order".
Where … the Secretary of State has by order transferred to himself any functions of a council … any expenses incurred by him in discharging the said functions … shall on demand be paid to him by the body in default…
Control of Pollution Act 1974, section 97
Secretary of State may declare a local authority to be in default and enforce any direction by mandamus or transfer the functions to himself (such as waste disposal, noise control, and clean air)
Rent Act 1977, section 64
The Secretary of State may revoke a scheme for the appointment of rent officers made under section 63, Rent Act 1977 if he is of the opinion that the local authority concerned (or the "proper officer" of that authority) have failed to carry out any function conferred on them by that scheme. He may then make another scheme, without consultation with the defaulting authority. This can transfer the functions, as appropriate, and subject to their consent, either to another authority, or its own "proper officer", or to "some other persons". (At present the rent registration authorities are counties, including Metropolitan Counties, in England and Wales and the London Boroughs).
Housing Act 1957, section 76
Secretary of State may direct a local authority to carry out an inspection and submit a report and proposals as to overcrowding in its district. Secretary of State may, after consulting the local authority, fix dates by which the performance of these duties are to be completed.
Housing Act 1980, section 23 and 24
Secretary of State may, where it appears to him that tenants are having or may have difficulty in exercising the right to buy effectively and expeditiously, take over the local authority functions himself.
Refuse disposal (Amenity) Act 1978, section 1(5) and (6) and 3(9)
Secretary of State may following a local inquiry require a local authority to provide a plan for the deposit of refuse where they have failed to do so. The ultimate remedy in mandamus.
New Town Act 1981, section 46(6)
Secretary of State may, where local authority and new Town corporation fail to make a scheme for transferring dwellings to local authority when so directed under section 44, himself make such a scheme.
National Parks and Access to Countryside Act 1949. section 91(1)
Secretary of State may make by-laws for the preservation of order, the prevention of damage and the regulation of conduct to or on any land or waterway to which the public have access under an access agreement or order or which has been acquired for that purpose if a local authority fails to do so to his satisfaction.
National Parks and Access to Countryside Act 1949 section 99(3) and 13(4–6)
Secretary of State may direct a local authority to carry out improvements to facilitate recreational use of any waterway outside of their area but within the boundary of a National Park if no agreement has been reached between the relevant authorities under section 13(2) and to direct that the local authority within whose area the work is carried out contribute towards the cost.
Local Government Act 1972, schedule 17 Part 1, Paragraph 8
Secretary of State has powers to determine proportion of expenditue incurred by National Park Committees in default of agreement being reached between 2 or more local authorities.
Secretary of State has powers to determine (in default of agreement between a National Park Committee and Countryside Commission) discharge of functions in National Park by District Planning authority.
Secretary of State has powers to determine (in default of agreement between 2 or more local authorities) on appointment of members to National Park Committees.
Secretary of State has powers to determine (in default of agreement between 2 or more local authorities) of which authority a National Park Officer shall be an officer.
Wildlife and Countryside Act 1981, section 46
Secretary of State has default powers if no agreement is reached between 2 or more district councils on the appointment of members to a National Park Board or Committee.
Coast Protection Act 1949, section 15
Secretary of State, on representation from coast protection authority, that sea defence commissioners have failed to carry out coast protection work that they are required to do, may authorise coast protection authority so to do.
Coast Protection Act 1949, section 20
Secretary of State may, in absence of agreement between local authority and maritime district, determine the amount of local authority's contribution towards cost of coast protection work.
Coast Protection Act 1949, section 29
Secretary of State hold enquiry where coast protection authority is suspected of failing to take sufficient measures and to order them to exercise their powers.
Town and Country Planning Act 1971 (as amended) section 17
Power to carry out survey and to prepare, alter, repeal, or replace structure and local plans; and power to have another local planning authority do these things.
Town and Country Planning Act 1971 (as amended) section 276(1)
Secretary of State may after consulting, with Local Planning Authority direct them to submit orders for confirmation (or may make such orders himself), under section 45 (revoking planning permission), 51 (requiring discontinuance/removal of development) and tree preservation orders.
Secretary of State after holding inquiry, may order counties, districts and London Boroughs to acquire land and/ or carry out development, necessary for proper planning or the area, if they have failed to do so.
Power to issue enforcement notice under section 87 of Town and Country Planning Act 1971 (with consequential rights).
Power to serve stop notice under section 90 of Town and Country Planning Act 1971.
Secretary of State must give local planning authority an opportunity of being heard by a person appointed for the purpose in cases where he proposes to make an order under section 276(1) and (2).
Town and Country Planning (Control of Advertisement Regulations) regulation 28(2)
Secretary of State may, after consultation with LPA, make an Area of Special Control Order or serve a "discontinuance notice", if it appears expedient for him to do so: and he then has the same power as the LPA for these purposes.
Town and Country Planning (Enforcemnt Notices and Appeals) Regulations, regulation 9
Applies the regulations (except regulation 8) to enforcement notices issued by the Secretary of State under section 276(5A) of the 1971 Act.