NABMA has received details of proposals for the deposit of a tenth Bill which is being promoted with the assistance of Westminster City Council. While it is accepted that there are significant legal differences between the markets legislation in London, it is interesting that some aspects of the proposed legislation will be of relevance to market authorities throughout the rest of the country.

One section refers to the management of street markets and highlights that London Borough Councils are responsible for authorising most street markets in London. Under the legislation it is proposed that management responsibilities relating to street markets that are authorised under the London Local Authorities Act 1990 and the City of Westminster Act 1999 should be able to be capable of being delegated within an agreed local framework to third parties. Similar provisions could be made in relation to the delegation of functions under Part III of the Food Act 1984.

While the provisions in respect of licensing of street markets are different to the legislation in respect of street trading, set out in the Local Government (Miscellaneous Provisions) Act 1982, it may be of assistance to authorities in the rest of the U.K. to consider the impact of the proposed London legislation in this area. NABMA members may feel it is beneficial to have the added ability to formally designate street trading to third party organisations and this is an area that NABMA will be watching with great interest.

The provision relating to proposed delegation under the functions of the Part III Act 1984 is somewhat surprising since arrangements already exist for licensing arrangements under the existing powers. It is doubted that any further legislation in this area is required.

NABMA has made representations to the proposed new London Bill on these issues. Generally welcoming the proposal in respect of street markets and highlighting the position with regard to the 1982 legislation but also concern has been expressed about the proposal to legislate in respect of the 1984 legislation which, as many NABMA members will know, is unnecessary.

Further information on the progress of the Bill will be given in due course.