The London Government Order 1965

Merton and Sutton Joint Cemetery Board

15.—(1) The Carshalton and Merton and Morden Joint Cemetery Board shall continue to exist as a joint cemetery board by the name of the Merton and Sutton Joint Cemetery Board for a united district comprising the London boroughs of Merton and Sutton, but shall not be empowered to provide a new cemetery, and section 7 of the Public Health Act 1936 (Restriction on discharge of functions by local authorities within united district) shall not apply to the said London boroughs by reason of the provision of this paragraph.

(2) For the purposes of paragraph (1) and for making new provision for the election of members of the said Board, the Merton and Morden and Carshalton Joint Cemetery Order 1943 (under which the said Board was originally constituted) shall have effect with the following modifications—

(a) for the definitions of “constituent district”, “the joint board” and “the united district” there shall be substituted the following definitions, namely—

“‘constituent district’ means the London borough of Merton or Sutton;”

“‘the joint board’ means the Merton and Sutton Joint Cemetery Board;”

“‘the united district’ means the Merton and Sutton Joint Cemetery District;”

(b) in article 3(1), for “Merton and Morden and Carshalton Joint Cemetery District” there shall be substituted “Merton and Sutton Joint Cemetery District” and “or cemeteries” shall be omitted;

(c) in article 3(2), for “Merton and Morden and Carshalton Joint Cemetery Board” there shall be substituted “Merton and Sutton Joint Cemetery Board”;

(d) for article 4 there shall be substituted—

“(1) The number of members of the joint board to be elected by each constituent council shall be five

4.— (2) Each constituent council shall elect the number of members of the joint board assigned to them by this order in accordance with the following provisions—

(a) at a meeting held before 1st April 1965, they shall elect members to come into office on 1st April 1965 and to hold office until 20th June 1967;

(b) at their annual meetings in 1967 and in every third year thereafter, they shall elect members to come into office on the 21st June following and to hold office for a period of three years.

(3) The clerk of each constituent council shall, immediately after the election of any member of the joint board by that council, notify the name, address and description of the member elected to the clerk of the joint board.”;

(e) article 5(1) shall be omitted;

(f) in the Schedule, for paragraph 2(2) there shall be substituted—

“(2) The first meeting of the joint board held after 1st April 1965 shall be the annual meeting for the year commencing on that date and for any subsequent year the first meeting held after 20th June shall be the annual meeting.”

(3) The Carshalton and Merton and Morden Joint Cemetery Board Order 1949 shall cease to have effect.

(4) The members of the joint board in office at 1st April 1965 shall retire on that day.

(5) Any legal proceedings pending at 1st April 1965 may be amended in such manner as may be necessary or proper in consequence of this article.

(6) The said order of 1943 and this article may be cited together as the Merton and Sutton Joint Cemetery Orders 1943 to 1965.

(7) Precepts under article 10(2) of the said order of 1943 in respect of the year 1965–66 issued before 1st April 1965 to the councils of the London boroughs of Merton and Sutton shall be of full effect.

(8) Except in so far as it expressly requires or enables action to be taken before 1st April 1965 this article shall have effect from that date.