The London Government Order 1965

Miscellaneous provision as to public general and other Acts

3.—(1) In the Town Gardens Protection Act 1863 —

(a) in section 1, the words from “the Metropolitan” to “City), and”, the word “other” where next occurring, the words “Metropolitan Board of Works or” wherever occurring and the words “Board or” and “as the case may require” shall be omitted;

(b) in section 2, the words from “to the Metropolitan” to “City, or”, the word “other” and the words “Metropolitan Board of Works or” wherever occurring shall be omitted.

(2) In the Local Government Act 1888, in section 95(2)—

(a) after the words “if this Act” there shall be inserted the words “and the London Government Act 1963”;

(b) after the words “inconsistent with this Act” there shall be inserted the words “or with the said Act of 1963 or any instrument made there-under”;

(c) for the words “the county of London” there shall be substituted the words “the area consisting of the inner London boroughs, the City of London, the Inner Temple and the Middle Temple” .

(3) In the Public Health Acts Amendment Act 1890, in section 51(12), the reference to the cities of London and Westminster shall be construed—

• in the case of the city of London as a reference to such city as existing immediately before the passing of the Act;

• in the case of the city of Westminster as a reference to the metropolitan borough of Westminster abolished by section 3(1)(b) of the Act as existing as aforesaid.

(4) Any regulations made by a metropolitan borough council under section 50 of the London County Council (General Powers) Act 1903 (Accommodation for private street vendors) and in force immediately before 1st April 1965 may be amended or revoked by byelaws made under the said section as amended by the Local Law (Greater London Council and Inner London Boroughs) Order 1965(1).

(5) In the Open Spaces Act 1906—

(a) in section 15 (Byelaws), after “this Act” where first occurring there shall be inserted “or in the case of the Greater London Council in relation to any other public park, health, common, recreation ground, pleasure ground, garden, walk, ornamental enclosure or disused burial ground under the control and management of the said Council”;

(b) in section 19 (Savings)—

(i) paragraph (d) shall be omitted; and

(ii) the following subsection shall be inserted—

“(2) Nothing in this Act other than section 15 shall apply to any metropolitan common within the meaning of the Metropolitan Commons Acts 1866 to 1898 which does not fall within the provision made by article 32 of the London Authorities (Property etc.) Order 1964(2)”.

(6) Nothing in the Act shall affect the scheduled areas within the meaning of the Home Counties (Music and Dancing) Licensing Act 1926 so far as those areas lie outside Greater London.

(7) In the Local Government Act 1933—

(a) section 207 shall have effect as if “and of mortgages securing liabilities transferred to the local authority by the London Authorities (Property etc.) Order 1964” were included after “under this Part of this Act” therein;

(b) section 250(2) to (10) shall apply to any byelaws to which section 147 of the London Government Act 1939 applied immediately before 1st April 1965 to which it does not apply apart from this provision, and in such application “enactment” shall include any order, rule or regulation made under any enactment; and

(c) section 250(10) shall have effect as if “or section 5(2) of, and Part II of Schedule 2 to, the .London Government Act 1899 ” were included after “1888” therein.

(8) Section 287A of the said Act of 1933 (which was inserted therein by paragraph 39 of Schedule 4 to the Act and makes provision as to the service of notices by local authorities) shall have effect, in relation to any notice required to be served in the acquisition of any land or of any easements or rights in or over land under the provisions of any Act specified in the following Table, as if subsection (5) thereof had not excluded from the application of the section documents to the service of which the provisions of enactments other than the said section are applicable.

TABLE

• London County Council (General Powers) Act 1961

• London County Council (Improvements) Act 1962

• London County Council (Improvements) Act 1963

• London County Council (General Powers) Act 1964

(9) Section 75(3) of the Public Health Act 1936 (which by virtue of section 40 of the Act enables local authorities in Greater London to provide dustbins for the reception of house refuse and to make certain charges in respect thereof) shall have effect in relation to the council of an inner London borough with the substitution for “may make” of “may, if they think fit, make”.

(10) The powers conferred by sections 260 to 265 of the said Act of 1936 shall not be exercisable by a London borough council in respect of any stream within the meaning of the River Ravensbourne, &c., (Improvement and Flood Prevention) Act 1961 except after consultation with the Greater London Council.

(11) In the London Buildings Acts (Amendment) Act 1939, in section 14, the following subsection shall be added—

“(3) In respect of any part of Greater London which was immediately before the passing of the London Government Act 1963 not part of the administrative county of London—

(a) subsection (1) of this section shall apply to the Greater London Council (except as regards any names which they assign to streets, ways, places, rows of buildings or blocks of buildings and any numbers or names or numbers and names with which they order buildings to be marked) only as from the expiration of seven days after the transmission of the records referred to in paragraph (b) of this subsection and shall then apply (except as aforesaid) with the substitution for “the first day of January eighteen hundred and fifty-six” and “the commencement of this Act” of the date of such transmission;

(b) the council of the London borough in which such part of Greater London is situated shall as soon as practicable transmit to the Greater London Council—

(i) a record of—

• the names lawfully given or assigned to streets, ways, places, rows of houses or blocks of buildings in such part; and

• the numbers or names or numbers and names with which buildings are marked; and

(ii) such record as they can practically compile—

• as respects alterations in the names of streets made by order or resolution since 1st January 1895, of the date of the order or resolution by which such alteration was made;

• as respects names assigned to streets, ways, places, rows of houses or blocks of buildings after 1st January 1940, of the date of the order assigning the name and the immediately previous name or names (if any) borne by the street, way, place, row of houses or block of buildings; and

• as regards numbers or names or numbers and names assigned to buildings by order and names assigned to buildings in substitution for other names, of the date of the order and the immediately previous numbers and names (if any) of the buildings;

(c) subsection (2) of this section shall apply to the records transmitted under paragraph (b) of this subsection, as from the expiration of seven days after the transmission hereof, as it applies to the record kept under subsection (1) of this section.”.

(12) In the Agricultural Wages Act 1948, for section 18 there shall be substituted the following section—

“18.   Such portions of Greater London as the Minister may by order made by statutory instrument define shall, for the purposes of this Act, be deemed to be included in such counties as may be specified in the order”.

(13) In relation to any balance against the Central Midwives Board disclosed by the financial statement under subsection (1) of section 23 of the Midwives Act 1951 made up to the end of 1965 or any subsequent year subsection (2) of the said section shall apply, until a new census is published, as if it had provided in the case of the local health authorities in Greater London and the county councils of Essex, Hertfordshire, Kent and Surrey for apportionment in proportion to their respective populations as estimated by the Registrar General for England and Wales and certified to the Minister as at 30th June 1965.

(14) In the Local Government (Miscellaneous Provisions) Act 1953, in section 1(2), in its application to Greater London, the words “or civic restaurant” shall be omitted.

(15) In the Housing Subsidies Act 1956, in section 9 (Power of Minister to recover certain contributions), there shall be added—

“(3) In respect of Greater London, the Greater London Council, and no other authority, shall be the local authority for the purposes of this section.”

On and after 1st April 1965, any sums which the Minister of Housing and Local Government is entitled to recover under section 9(2) of the said Act shall be recoverable as if the provision made by this paragraph had been operative at all material times.

(16) In the Housing (Financial Provisions) Act 1958, the reference in section 34(2) to sums paid by the local authority shall be construed in relation to any London borough council as including a reference to any council abolished by section 3(1)(b) of the Act.

(17) In the Highways Act 1959, section 131(6), in its application to the inner London boroughs and to the City shall have effect with the substitution for the definition of “the material date” of—

““the material date” means 1st January 1856.”.

(18) In the Land Compensation Act 1961, in the application of section 24(4) and (5) to any land in a London borough or the City, the references to the local planning authority shall be construed as references to the council of the London borough or the Common Council, as the case may be.

(19) In the Rating and Valuation Act 1961 , in section 2(2) after “county borough” there shall be inserted “, or rating area in Greater London,”.

(20) In the Rivers (Prevention of Pollution) Act 1961 in section 14, the following subsection shall be added—

“(3) Paragraphs 11 to 14 of Schedule 14 to the London Government Act 1963 shall apply to the expenses incurred by the Greater London Council in the enforcement of the Rivers (Prevention of Pollution) Acts 1951 to 1961 (by virtue of paragraph 12 of Schedule 17 of the said Act of 1963) as they apply to the expenses described in the said paragraph 11.”

(21) In the Act—

(a) the references in section 53(3) to section 6(3) and section 15(1)(a) of the Betting, Gaming and Lotteries Act 1963 shall be read as references to section 6(2) and section 16(1)(a), respectively, of such Act;

(b) the reference in the entry for Route Number A.117 in Schedule 7 to A.16 shall be read as a reference to A.116;

(c) the reference in paragraph 6 of Schedule 10 to Part V of the London County Council (General Powers) Act 1962 shall be read as a reference to Part II of such Act.

(22) In the Water Resources Act 1963, in section 125, the following subsection shall be added—

“(6) Paragraphs 11 to 14 of Schedule 14 to the London Government Act 1963 shall apply to any sums paid by the Greater London Council by virtue of a precept of the Conservators or the Catchment Board issued to the Council under an order under subsection (1) of this section in respect of the London excluded area as they apply to the expenses described in the said paragraph 11.”.

(23) In the Port of London Act 1964, in section 9, the following subsection shall be added—

“(8) Paragraphs 11 to 14 of Schedule 14 to the London Government Act 1963 shall apply to the expenses incurred by the Greater London Council in the discharge of the functions conferred on them by virtue of this section as they apply to the expenses described in the said paragraph 11.”.

(24) The enactments specified in Schedule 1 are hereby repealed to the extent mentioned in column (3) thereof.

(1)

(1965 I, p. 1597).

(2)

(1964 III, p. 3392).