London Government Act 1963 (c. 33)

SCHEDULES

Section 15.

SCHEDULE 5 Modifications as from 1st April 1965 of Enactments Relating to Road Traffic

PART I The Road Traffic Act 1960

1 In section 17 (5), at the end there shall be added the words " and in this subsection the expression ' county borough ' includes a London borough ",

2 (1) In section 21(1)—

(a) for the words "the London Traffic Area " in both places where they occur there shall be substituted the words " Greater London ";

(b) in paragraph (b), for the word " Minister " there shall be substituted the words " Greater London Council ",

(2) In section 21(2), after the words " paragraph (a)" there shall be inserted the words " or (b) " and after the word " authority " there shall be inserted the words " or the Greater London Council, as the case may be ",

(3) In section 21(5), as substituted by section 12 (2) of the Road Traffic Act 1962, after the words " paragraph (a) " there shall be inserted the words " or to the Greater London Council as respects any road falling within paragraph (b) ",

3 In section 22(5)—

(a) in paragraph (a), for the words " the London Traffic Area " there shall be substituted the words " Greater London ";

(b) for paragraph (b) there shall be substituted—

“(b) as respects a road in Greater London, not being a trunk road, the Greater London Council”.

4 In section 26(1), for the words " the London Traffic Area " there shall be substituted the words " Greater London ",

5 (1) In section 34(1)—

(a) for the words " The Minister may make regulations " there shall be substituted the words " Subject to section 10(2) of the London Government Act 1963, the Minister may by order made by statutory instrument, which may be varied or revoked by a subsequent order so made, make provision ";

(b) for the words " the London Traffic Area " there shall be substituted the words " Greater London ",

(2) In section 34(2)—

(a) for the word " regulations " there shall be substituted the word " order ";

(b) for the words " the London Traffic Area " there shall be substituted the words " Greater London ",

(3) In section 34(3)—

(a) for the word " regulations " in the first place where it occurs there shall be substituted the word " order ";

(b) for the words "regulations remain" there shall be substituted the words " order remains ";

(c) for the words " regulations made by the Minister " in the first place where they occur there shall be substituted the word " order ";

(d) for the words " regulations made by the Minister apply " there shall be substituted the words " order applies ",

(4) In section 34(4) as substituted by Schedule 1 to the Road Traffic Act 1962 and in section 34(6) and (7), for the word " regulations " wherever it occurs there shall be substituted the word " order ",

6 (1) In section 35 (1), for the words " the Minister" there shall be substituted—

(a) in the first place where they occur, the words " the Greater London Council" ;

(b) in the second place where they occur, the words " that Council".

(2) After section 35 (1) there shall be inserted—

“(1A) The said Council shall not give their consent to any such scheme as aforesaid affecting a trunk road except with the agreement of the Minister; and in the case of any particular scheme the Minister may after consultation with that Council direct the Council to consent thereto within a specified period or to withhold their consent therefrom.”

(3) In section 35(4), for the words from "regulations made" onwards there shall be substituted the words " any order for the time being in force under section 34 of this Act or section 10(1) of the London Government Act 1963 ",

(4) In section 35(5)—

(a) for the word " Minister " in the first place where it occurs there shall be substituted the words " said Council ";

(b) for the words from " regulations of " onwards there shall be substituted the words " an order under the said section 34 or 10(1) ",

(5) In section 35 (7), for the words " the metropolitan police district and the City of London" there shall be substituted the words " Greater London ",

7 In section 39(2) for the words "the London Traffic Area" there shall be substituted the words " Greater London ",

8 (1) In section 44(6)(a) after the word " Wales " there shall be inserted the words " other than Greater London ",

(2) After section 44 (7) there shall be inserted—

“(7A) In the application of this section to Greater London, ' local authority ' means—

(a) as respects a road for the time being designated by or under section 17 of the London Government Act 1963 as a metropolitan road, the Greater London Council;

(b) as respects any other road in a London borough, the council of the borough ;

(c) as respects any other road in the City of London, the Common Council;

but before the Greater London Council submit any scheme under this section with respect to a road for the time being designated as aforesaid they shall consult with any other of the councils aforesaid within whose area that road is situated.”

(3) In section 44(8) for the words " the London Traffic Area " there shall be substituted the words " Greater London ",

9 (1) In section 49(1) the words from " other than " to " county borough " shall be omitted.

(2) At the end of section 49 there shall be added—

“(9) In its application to Greater London, this section shall have effect as if—

(a) the City of London were a borough and the Common Council the council of that borough ;

(b) for any reference to the appropriate Minister there were substituted a reference to the Greater London Council; and

(c) the words ' by statutory instrument' in subsection (5) were omitted.”

10 In section 50, after the word " confirmation " there shall be inserted the words " in the case of byelaws of a local authority in Greater London by the Greater London Council or in any other case ",

11 In section 60(2) for the words "metropolitan borough" there shall be substituted the words " London borough ",

12 In section 63(1), after the word " Act" there shall be inserted the words " or sections 10 to 12 of the London Government Act 1963 ",

13 In section 65(3), at the end there shall be added the words " the Greater London Council or the Common Council of the City of London ",

14 In section 75(3), for the words from " not being" to " borough " there shall be substituted the words " being the council of a non-county borough or urban district ",

15 In section 79(1), for the words " the London Traffic Area " there shall be substituted the words " Greater London ",

16 In section 80(1), for the words " the London Traffic Area " there shall be substituted the words " Greater London ",

17 (1) In section 81(1), for the words "the London Traffic Area " there shall be substituted the words " Greater London ",

(2) In section 81(16)(a), for the words " or county district" there shall be substituted the words " London borough or county district, the Common Council of the City of London or, subject to subsection (16A) of this section, the Greater London Council ",

(3) After section 81(16) there shall be inserted—

“(16A) The Greater London Council shall not exercise their powers under this section—

(a) as respects any London borough, without the consent of the council of that borough, or

(b) as respects the City, without the consent of the Common Council,

except with the consent of the Minister of Transport.”

18 (1) In section 85(1), at the beginning there shall be inserted the words " Subject to section 13 (2) of the London Government Act 1963 ",

(2) In section 85(4), for the words "metropolitan borough" there shall be substituted the words " London borough ",

(3) In section 85(5)—

(a) at the beginning there shall be inserted the words " Subject to section 13(2) of the London Government Act 1963 ";

(b) for the words " the metropolitan police district or the City of London " there shall be substituted the words " Greater London ";

(c) in paragraph (b), for the words " London County" there shall be substituted the words " Greater London " :

(d) at the end of paragraph (c) there shall be added the words " and, where the transfer is made to the Greater London Council, as if that Council were a local authority within the meaning of this section ",

(4) In section 85(10), at the end there shall be added the words " or section 10(1) of the London Government Act 1963 ",

19 In section 86, as substituted by section 29(1) of the Road Traffic Act 1962, at the beginning of subsection (1) and at the beginning of subsection (2) there shall be inserted the words " Subject to section 13(2) of the London Government Act 1963 ",

20 In section 87, as substituted by the said section 29 (1)—

(a) in subsection (2) for the words from " and such " to " such a designation " there shall be substituted the words " or section 10(1) of the London Government Act 1963, and such an order, or an order under any of those sections containing a designation of a place as a parking place " :

(b) at the beginning of subsection (3) there shall be inserted the words " Subject to section 13(2) of the London Government Act 1963. "

21 In section 88 (1)(b), after the word "Minister" there shall be inserted the words " or the Greater London Council. "

22 In section 89(3)(c), after the word " council" there shall be inserted the words " to the Greater London Council ",

23 (1) In section 90(3) after the word " conferred " there shall be inserted the words " on the Minister ",

(2) After section 90(7) there shall be added—

“(8) In relation to any functions exercised by the Greater London Council, any reference in subsection (1) or (2) of this section to the Minister shall be construed as a reference to that Council.”

24 In section 101(1), after the word " resides" where first occurring there shall be inserted the words " or, if he resides in Greater London, the Greater London Council ",

25 After section 135(8) there shall be added—

“(9) In relation to any route, stopping place or terminal point within Greater London, any reference in subsection (8) of this section to the commissioner of police of the metropolis or the commissioner of police for the City of London shall be construed as including a reference to the Greater London Council.”

26 After section 141(8) there shall be added—

“(9) In relation to any route or part of a route which lies within Greater London, any reference in subsections (2) to (6) of this section to the commissioner of police shall be construed as including a reference to the Greater London Council.”

27 In section 202(2)(a), for the words " metropolitan borough " there shall be substituted the words " London borough, the Greater London Council ",

28 In section 220(6), for the words " metropolitan borough " there shall be substituted the words " London borough ",

29 In section 221(3), after the word " district" there shall be inserted the words " the Greater London Council ",

30 In section 248, after the words " purposes of this Act" there shall be inserted the words " or sections 9 to 15 and 20(2) of the London Government Act 1963 ",

31 In section 249(1), after the word "Act" there shall be inserted the words " or section 10 of the London Government Act 1963 ",

32 In section 257(1), in the definition of " highway authority " for the words " or the council of a metropolitan borough " there shall be substituted the words " the council of a London borough or the Greater London Council ",

33 In Schedule 4, in paragraph 11, for the words "the metropolitan police district and the City of London ", there shall be substituted the words " Greater London ",

34 In Schedule 8, in paragraph 1, for the words " the administrative county of London " there shall be substituted the words " Greater London ",

35 In Schedule 10—

(a) for paragraph 3 there shall be substituted—

“3 The Minister shall take into consideration any objections duly made to the making of the order”;

(b) in paragraph 5 (1), for the words " the London Traffic Area" there shah be substituted the words " Greater London ";

(c) for paragraph 7 there shall be substituted—

“7 After advertising in pursuance of the last foregoing paragraph any proposal to make an order, the Minister shall take into consideration any objections duly made to the proposal.”

PART II The Road Traffic and Roads Improvement Act 1960

1 In section 3, at the end there shall be added—

“(5) In its application to Greater London, this section shall have effect subject to the provisions of section 13(2) to (7) of the London Government Act 1963.”

2 (1) In section 4(1), for the words " the London area " there shall be substituted the words " Greater London ",

(2) In section 4 (2)—

(a) for the words " the London area " there shall be substituted the words " Greater London ";

(b) after the words " received by him " there shall be inserted the words " by way of charges made by him for vehicles left in parking places designated under the said subsection (5) ",

(3) In section 4(3) for the words from " any local" to " area " there shall be substituted the words " the Greater London Council, the council of any London borough or the Common Council of the City of London ",

3 (1) In section 5(1)—

(a) the words " subsection (8) or (9) of " shall be omitted;

(b) for the words " the London Traffic Area " and " that area " there shall be substituted the words " Greater London ",

(2) In section 5(7)—

(a) for the words " the London Traffic Area " in both places where those words occur there shall be substituted the words " Greater London ";

(b) the words "by virtue of subsection (8) or (9) of that section " and " so " shall be omitted.

4 (1) In section 8(3), for the words " regulations under the said section 34 " there shall be substituted the words " an order under the said section 34 or under section 10(1) of the London Government Act 1963 ",

(2) In section 8 (4),—

(a) for the words from the beginning to " impose " there shall be substituted the words " Any such order which imposes ";

(b) for the words " the London Traffic Area " there shall be substituted the words " Greater London ",

(3) In section 8(5), for the words " Regulations under the said section 34 " there shah be substituted the words " Any such order " and for the word " regulations " wherever else it occurs there shall be substituted the word " order ",

(4) In section 8(6), for the words from " traffic regulations " to " being regulations" there shall be substituted the words " any order in force under the said section 34 or 10 (1), being an order ",

5 (1) In section 15(4)(d)—

(a) for the words " the London Traffic Area" there shall be substituted the words " Greater London ";

(b) after the figures " 1960 " there shall be inserted the words " or section 10(1) of the London Government Act 1963 ",

(2) In section 15(4)(d) and (e), for the words " metropolitan borough " there shall be substituted the words " London borough ",

6 (1) In section 18(1), for the words " the London area " there shall be substituted the words " Greater London ",

(2) In section 18(1), for the words from "Minister" to " authority " there shall be substituted the words " Greater London Council—

(a) in the case of any highway for which they are the highway authority, or

(b) on the application of the council of a London borough or the Common Council of the City of London, in the case of any highway for which the borough council or Common Council, as the case may be, are the highway authority,

may, if on grounds of urgency they consider it expedient".

(3) In section 18 (2), for the words from the beginning to " road improvement" there shall be substituted the words " Where the Greater London Council give authority under the foregoing subsection for the execution of any works of road improvement, or receive notice from the Minister that such works of road improvement as are mentioned in the foregoing subsection are to be executed in the case of a highway for which he is the highway authority ",

(4) In section 18 (2) (a), for the words "he" and "him" there shall be substituted respectively the words " they " and " them ".

7 In section 19 (1)—

(a) at the beginning there shall be inserted the words " Subject to section 14 (2) of the London Government Act 1963 ";

(b) for the words " the London area " there shall be substituted the words " Greater London. "

8 After section 19 there shall be inserted the following section—

“19A Power of Greater London Council to execute road improvements not involving widening.

(1) Where the Greater London Council, after consultation with the council of a London borough or the Common Council of the City of London, are of the opinion that, with a view to facilitating the movement of traffic, it is expedient for works to be executed for the improvement of a highway in Greater London for which the borough council or the Common Council are the highway authority, then—

(a) the highway authority shall, within three months of being notified of that fact, inform the Greater London Council whether they are prepared to undertake those works and, if so, within what time; and

(b) if the Greater London Council at the expiration of the said three months are not satisfied that the highway authority will with reasonable despatch undertake those works (or within the said three months are satisfied that they will not), the Greater London Council may execute those works or other works appearing to them to secure the same or an equivalent improvement of the highway;

and for the purposes of this subsection it shall not be treated as widening a highway to take into the highway land not forming part of it but situated within its outer limits.

(2) Subsections (2) to (6) of section 19 of this Act shall have effect for the purposes of this section as if in those subsections—

(a) for any reference to the Minister there were substituted a reference to the Greater London Council; and

(b) for any reference to the execution of works under that section there were substituted a reference to the execution of works under this section,

and as if in subsection (3) of that section the words from " except" to " by the Minister " were omitted.”

9 In section 22(1)(a), for the words " the London area " there shall be substituted the words " Greater London ",

PART III The Road Traffic Act 1962

1 (1) In section 11 (2) (a), the words "or any road in the London Traffic Area " shall be omitted.

(2) After section 11 (2) (a), there shall be inserted—

“(aa) as respects any road in Greater London other than a trunk road, shall be either the appropriate Minister or the Greater London Council; and”.

(3) In section 11 (3)—

(a) after the word " authority" where first occurring there shall be inserted the words " or by the Greater London Council ";

(b) after the word " authority" in the second place where it occurs there shall be inserted the words " or that Council ",

(4) In section 11 (4) (a), after the word " authority " where first occurring there shall be inserted the words " or the Greater London Council ",

(5) For section 11 (4) (b) there shall be substituted—

“(b) unless the road is a trunk road, the appropriate Minister shall give notice of his intention to make the order, in the case of a road in Greater London, to the Greater London Council or, in any other case, to the local authority.”

2 In section 26—

(a) for the words from the beginning to " Committee)" there shall be substituted the words " An order under section 34 of the principal Act or section .10 (1) of the London Government Act 1963 ";

(b) for the word "regulations" in the last two places where that word occurs there shall be substituted the word " order ";

(c) for the words from " in accordance " to " Act " where next occurring there shall be substituted the words " the Greater London Council ".

3 (1) In section 28 (1)—

(a) in paragraph (a), for the words " the London Traffic Area " there shall be substituted the words " Greater London ";

(b) for paragraph (b) there shall be substituted—

“(b) as respects traffic on roads in Greater London, as may be made by an order under section 34 of that Act or section 10 (1) of the London Government Act 1963”.

(2) For section 28 (2) there shall be substituted—

“(2) The authority having power to make an experimental traffic order—

(a) as respects roads outside Greater London, other than trunk roads, shall be the local authority ;

(b) as respects roads in Greater London, other than trunk roads, shall be the Greater London Council or, subject to section 11 (2) of the London Government Act 1963, the appropriate Minister ;

(c) as respects any trunk road in Greater London, shall be the appropriate Minister or, with the consent of that Minister, the Greater London Council;

(d) as respects trunk roads outside Greater London, shall be the appropriate Minister ;

and the appropriate Minister may, after giving the local authority or the Greater London Council notice of his intention to do so, by order vary or revoke any experimental traffic order made by the local authority or that Council.”

(3) In section 28 (3) (b), after the word " Minister " there shall be inserted the words " or by the Greater London Council ",

(4) In section 28 (9), for the words from " by " onwards there shall be substituted the words " as respects a road in Greater London as it applies in relation to an order under section 34 of the principal Act or section 10 (1) of the London Government Act 1963 ",

(5) In section 28 (11) (b), for the words "the London Traffic Area " there shall be substituted the words " Greater London ",

4 (1) For section 34 (1), there shall be substituted—

“(1) For the purposes of the following provisions, that is to say—

(a) sections 20 (3) and 34 (1) of the principal Act;

(b) sections 11 (1) and 28 of this Act; and

(c) section 10 (1) of the London Government Act 1963,

where any part of the width of a road is in Greater London, the whole width thereof shall be deemed to be in Greater London.”

(2) In section 34 (5), for the words " metropolitan borough " there shall be substituted the words " London borough ",

5 In section 35, for the words " other than section 34 " there shall be substituted the words " otherwise than by virtue of section 34 of this Act ",