The London Authorities (Property etc.) Order 1964

4.—(1) Where any land (not being a property described in column (2) of Schedule 1 or of any extension thereof described in article 7) is held by an authority for two or more purposes, it shall be deemed for the purposes of section 23 of the Act and this order to be held for such one of those purposes as is determined by that authority to be the purpose for which the land is, immediately before 1st April 1965, mainly used.

(2) This paragraph applies to—

(a) accommodation in any property transferred to and vested in any authority by virtue of the Act or this order (hereinafter referred to as “case (a)”);

(b) accommodation in any property held by the City Corporation and not transferred by virtue of the Act or this order (hereinafter referred to as “case (b)”);

(c) accommodation in any property in Greater London or the urban district of Potters Bar, Staines or Sunbury-on-Thames held by the county council of Essex, Hertfordshire, Kent or Surrey or the urban district council of Chigwell and not transferred by virtue of the Act or this order (hereinafter referred to as “case (c)”)

immediately before 1st April 1965 used (or in the case of a property not yet in occupation proposed to be used)—

(i) in case (a) for the purposes of any functions which on and after 1st April 1965 are not exercisable by the authority to whom the property is transferred;

(ii) in case (b) for the purposes of any functions which on and after 1st April 1965 are not exercisable by the Common Council;

(iii) in case (c) for the purposes of any functions other than those for which the building is deemed under paragraph (1) to be held.

In the case of any accommodation to which this paragraph applies used (or proposed to be used) by the London County Council or the county council of Middlesex, Essex, Hertfordshire, Kent or Surrey for the purposes of the specified functions within the meaning of article 11 such body as may be agreed between the relevant councils before 1st November 1964 and approved by the appropriate Minister or, if

(a) the appropriate Minister disagrees with such agreement, or

(b) no agreement has been reached by the relevant councils before such date,

determined by the appropriate Minister shall be entitled to the continued use (or the use) of such accommodation.

In the case of any other accommodation to which this paragraph applies the authority exercising the functions described in (i), (ii) or (iii) in the area in which the property is situated, or any other authority designated by the Minister after consultation, in case (a) with the authority to which the property is transferred, in case (b) with the Common Council and in case (c) with the county council of Essex, Hertfordshire, Kent or Surrey or the urban district council of Chigwell, as the case may be, and such other consultation as may appear to the Minister to be appropriate, shall be entitled to the continued use (or the use) of such accommodation.

The use of any accommodation by virtue of this paragraph shall be for such period and on such terms as may be determined between the authority using the accommodation and, in case (a) the authority to whom the property is transferred, in case (b) the Common Council and in case (c) the county council of Essex, Hertfordshire, Kent or Surrey or the urban district council of Chigwell, as the case may be, or failing such agreement, as may be determined by an arbitrator appointed by agreement between them and such authority or council or, in default of agreement, by the Minister.

In this paragraph any reference to an authority includes, in the case of the corporation of a London borough, a reference to the council of the borough.

In this paragraph, “the relevant councils” and “the appropriate Minister” have the same meanings as in article 11.