xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

London Government Act 1963

1963 CHAPTER 33

An Act to make provision with respect to local government and the functions of local authorities in the metropolitan area; to assimilate certain provisions of the Local Government Act 1933 to provisions for corresponding purposes contained in the London Government Act 1939; to make an adjustment of the metropolitan police district; and for connected purposes.

[31st July 1963]F1

Textual Amendments

F1Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

Modifications etc. (not altering text)

C2Functions of Minister of Transport now exercisable by Secretary of State: S.I. 1970/1681

Part I E+W+SLocal Government in and around Greater London

Modifications etc. (not altering text)

C5Pt. I (ss. 1-4) applied (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 4(5)

1 London boroughs.E+W

(1)There shall be established new administrative areas, to be known as London boroughs, which shall comprise the areas respectively described (by reference to existing administrative areas) in column 2 of Part I of Schedule 1 to this Act; and in this . . . F2 Act—

(a)any reference to an inner London borough shall be construed as a reference to one of the London boroughs numbered from 1 to 12 in the said Part I;

(b)any reference to an outer London borough shall be construed as a reference to one of the London boroughs numbered from 13 to 32 in the said Part I.

(2)If in the case of any London borough, on representations in that behalf made to the Privy Council by the Minister, Her Majesty by the advice of Her Privy Council thinks fit to grant a charter of incorporation of the inhabitants of that borough, Her Majesty may by that charter—

(a)make provision with respect to the name of the borough; and

(b)subject to the provisions of this Act, make any provision such as may be made by virtue of section 131 of the M1Local Government Act 1933 by a charter granted under Part VI of that Act;

and any charter which purports to be granted in pursuance of the Royal prerogative and this subsection shall be deemed to be valid and within the powers of this Act and Her Majesty’s prerogative and the validity thereof shall not be questioned in any legal proceeding whatever.

(3)In the case of any London borough whose inhabitants are not incorporated by such a charter as is referred to in the last foregoing subsection, provision for their incorporation shall be made by the Minister by order (hereafter in this Act referred to as an “incorporation order”) which may include any such provision as is mentioned in paragraph (a) or (b) of that subsection.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(5)Before the Minister makes as respects a London borough either representations under subsection (2) of this section for the grant of a charter or an incorporation order under subsection (3) thereof, the Minister or, as may be appropriate, the Secretary of State shall cause such notices to be given and such, if any, inquiries to be held with respect to the matters to be dealt with by the charter or order as may appear to the Minister or, as the case may be, the Secretary of State to be expedient.

(6)The M2Municipal Corporations Act 1882 shall apply to every London borough . . . F2, the expression “borough” when used in relation to local government in any enactment whether passed before or after this Act . . . F4 shall except where the context otherwise requires (and except in particular in the expressions “county borough” and “non-county borough”) include a London borough; . . . F4

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

Modifications etc. (not altering text)

C6Pt. I (ss. 1-4) applied (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 4(5)

Marginal Citations

2 Greater London and the Greater London Council.E+W

(1)The area comprising the areas of the London boroughs, the City and the Temples shall constitute an administrative area to be known as Greater London.

(2),(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

Modifications etc. (not altering text)

C7Pt. I (ss. 1-4) applied (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 4(5)

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W

Textual Amendments

4 General provisions as to exercise in Greater London of existing local authority functions.E+W+S

(1)Subject to any provision to the contrary effect made by, or by any instrument made under, this Act or any other Act passed during the same session as this Act . . . F8, and without prejudice to any express provision so made, the provisions of this section (being provisions designed to confer on the councils of London boroughs as respects their boroughs and on the Common Council as respects the City the functions exercisable by the councils of county boroughs as respects their boroughs or by the existing London county council as respects the metropolitan boroughs or, as the case may be, the City) shall have effect as from 1st April 1965 as respects any enactment (hereafter in this section referred to as an “existing enactment”) contained in any public general Act passed before this Act or in any other such Act passed during the same session as this Act.

(2)Subject to subsection (7) of this section, where any existing enactment refers to, or to the councils of, county boroughs, then—

(a)if it also refers in the same context to, or to the councils of, metropolitan boroughs, any reference in that enactment in that context to, or to the council of, a metropolitan borough shall be construed as a reference to, or to the council of, a London borough;

(b)if it also refers (or, but for section 3 (1) (b) of this Act, would have referred) in the same context to the London county council (whether expressly or by virtue of a reference to councils of counties) but not to councils of metropolitan boroughs, any reference in that enactment in that context to a county borough or the council thereof shall be construed as including a reference to a London borough or the council thereof and, where that enactment extends to the City but does not refer to the Common Council, as including also a reference to the City or the Common Council.

(3)Any reference in any existing enactment which, by virtue of any other existing enactment passed subsequently thereto, falls to be construed as a reference to authorities of a particular class shall be deemed for the purposes of subsection (2) of this section to be a reference to authorities of that class.

(4)Any existing enactment to the effect that any provision does not apply or refer, or applies or refers only, to the administrative county of London or to that county other than the City or other than the City and the Temples shall have effect as if it provided that the provision in question does not apply or refer, or, as the case may be, applies or refers only, to Greater London other than the outer London boroughs, or other than those boroughs and the City, or other than those boroughs, the City and the Temples, as the case may be.

(5)Where, under any existing enactment which by virtue of subsection (4) of this section applies to Greater London other than the outer London boroughs or other than those boroughs and the City with or without the Temples, any functions were exercisable immediately before 1st April 1965 as respects a metropolitan borough by the London county council or by the council of that borough or as respects the City by the London county council, those functions shall be exercisable as respects an inner London borough by the council of that borough or, as the case may be, as respects the City by the Common Council.

(6)In any existing enactment which by virtue of subsection (4) of this section applies to the outer London boroughs but not to the rest of Greater London, any reference to, or to the council of, a county borough shall be construed as including a reference to, or to the council of, an outer London borough.

(7)Without prejudice to any exclusion by virtue of subsection (1) of this section and to any amendment of the enactment in question by or under any subsequent provision of this Act, subsection (2) of this section shall not apply to any existing enactment contained in—

(a)the M3Local Government Act of 1888, M41929, M51933 or M61958; or

(b)the enactments to which section 40 of this Act applies or would apply but for the proviso to subsection (4) of that section; or

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(d)any enactment relating to rating and valuation in England and Wales; or

(e)the M7Town and Country Planning Act 1962; or

(f)any of the Acts amended by Schedule 5, 6, 8 or 13 to this Act;

and this section shall not apply to any enactment contained in an Act passed with respect only to the whole or part of the existing county of London.

Textual Amendments

Modifications etc. (not altering text)

C8Pt. I (ss. 1-4) applied (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 4(5)

Marginal Citations

5 Delegation of functions in Greater London. E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(2)The Common Council and the council of any London borough which is adjacent to the City may agree together for the discharge by that borough council, as agent for the Common Council, of such of the functions of the Common Council as may be specified in the agreement.

(3)Without prejudice to any other provision of this or any other Act, any of [F11the following authorities], that is to say, . . . F12 the London borough councils [F11, the Common Council, . . . F13[F14, an authority established by Part I, II, III, IV, or V of the Waste Regulation and Disposal (Authorities) Order 1985] and the London Fire and Civil Defence Authority] may, for the better performance of their respective functions, agree with any one or more of the others of [F11those authorities] and any other local authority within the meaning of the M8Local Government Act 1933 whose area is contiguous with any part of Greater London for—

(a)the undertaking by one party for another of any administrative, clerical, professional, scientific or technical services;

(b)the use or maintenance by one party of any vehicle, plant, equipment or apparatus of another party and, if it appears convenient, the services of any staff employed in connection therewith;

(c)the carrying out of works of maintenance by one party in connection with land or buildings for the maintenance of which another party is responsible,

on such terms as may be agreed between them; and in this subsection the expression “maintenance” includes minor renewals, improvements and extensions.

Textual Amendments

F14Words inserted by virtue of S.I. 1985/1884, art. 10, Sch. 3 para. 5 which provides that s. 5(3) of the London Government Act 1963 (c. 33) shall have effect as if after the words “the Inner London Education Authority” the following words were inserted “, an authority established by Part I, II, III, IV or V of the Waste Regulation and Disposal (Authorities) Order 1985”

Modifications etc. (not altering text)

Marginal Citations

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15E+W

Textual Amendments

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16E+W

Textual Amendments

8

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

Textual Amendments

Part II E+WRoad Traffic, Highways and Motor Vehicles

9 General duty of Greater London Council with respect to road traffic and abolition of London Traffic Area and Traffic Advisory Committee.E+W

(1),(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

(4),(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

(6)The London Traffic Area and the London and Home Counties Traffic Advisory Committee shall cease to exist; and any reference in the M9Road Traffic Act 1960, . . . F21 . . . F22 —

(a)to the London Traffic Area; or

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23, to an area comprising the metropolitan police district and the City of London,

shall be construed as a reference to Greater London.

Textual Amendments

Marginal Citations

10—13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24E+W

Textual Amendments

14 Other road traffic functions in Greater London. E+W

(1)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

(6)In the M10Road Traffic Act 1960 —

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

Textual Amendments

Modifications etc. (not altering text)

C12Functions of London Transport Board now transferred to London Transport Executive or the company designated under Transport (London) Act 1969 (c. 35), s. 16(2) or to both the Executive and the designated company subject to the provisions of that Act: Transport (London) Act 1969 (c. 35), s. 17, Sch. 3.

Marginal Citations

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31E+W

Textual Amendments

16—18.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32E+W

Textual Amendments

19 Modifications to Public Utilities Street Works Act 1950.E+W

(1)The M11Public Utilities Street Works Act 1950 shall have effect subject to the modifications hereafter specified in this section.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

(3)In section 35(2), for the words “the administrative county of London” there shall be substituted the words “Greater London”.

(4)In paragraph I (b) of Schedule 7, for the words “conferred on the London County Council” there shall be substituted the words “in default of their execution by the undertakers conferred”.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

(6)In paragraph 6 of Schedule 7, for the word “London” there shall be substituted the words “any part of London other than an outer London borough”.

Textual Amendments

Modifications etc. (not altering text)

C13The text of s. 19(3)(4)(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35E+W

Textual Amendments

Part III E+W Housing and Planning

HousingE+W

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36E+W

Textual Amendments

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37E+W

Textual Amendments

23 Transfer of land held for housing purposes.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

(2)On 1st April 1965 there shall vest in the council of each London borough all land which immediately before that date was held for the purposes of functions as such a local authority as aforesaid—

(a)by any council to whom section 3 (1) (b) of this Act applies whose area falls wholly within that London borough;

(b)in the case of land within the London borough, by the Chigwell urban district council.

(3)The Minister shall if so requested by both the parties concerned, or if so requested by one of those parties may after consultation with the other of those parties, or if he thinks fit after consultation with both parties may without any such request, by order provide for the transfer—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

(b)from . . . F39 the council of a London borough to the local authority . . . F39 for the purposes of the M12Housing Act 1957 or to a housing association of any housing accommodation for the time being vested in that council, being, . . . F39 housing accommodation outside that borough;

and any such order shall include such terms as may have been agreed between the two parties concerned or, in default of such agreement, determined by the Minister and provision for arbitration as to the value of the property transferred; and in the case of an order may by virtue of paragraph (b) of this subsection—

(i)the said terms may include the retention by the transferor of a right to nominate tenants to the transferred accommodation and, where such a right is retained, provision for the payment of contributions by the transferor to the transferee; and

(ii)the order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F40(4)The Minister may at any time after 1st April 1965 require any London borough to submit to him a programme for any transfers of housing accommodation vested in that borough such as are mentioned in subsection (3)(b) of this section which they propose to make and have not yet made.]

(5)References in this section to land or housing accommodation shall be construed as including references to any other property held in connection therewith and any rights or liabilities attaching thereto.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

Textual Amendments

Marginal Citations

24—29.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42E+W

Textual Amendments

Part IV E+W Education and Youth Employment Service

30 Local education authorities.E+W

(1)As from 1st April 1965, any reference in the Education Acts 1944 to 1962 or in any other Act to the local education authority shall be construed—

(a)in relation to any outer London borough, as a reference to the council of that borough;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

(2)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

(6),(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

X1(8)In section 97 of the Children and Young Persons Act 1933, in proviso (b), for the words “London County Council as local authority” there shall be substituted the words “local education authority”.

Editorial Information

X1The text of s. 30(8) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F43S. 30(1)(b) and words beginning with "and the Greater London Council" to end of subsection repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

31 Primary, secondary and further education in Greater London. E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

(2),(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

(5)As from 1st April 1965 it shall be the duty of the local education authority for any area in Greater London to maintain, and that authority shall not [F49except in accordance with [F50the Education Acts 1944 to 1980]] or subsection (6) of this section cease to maintain, any county or voluntary school maintained immediately before that date by the former local education authority for that area, being a school which is situated in that area or of which that former local education authority were, or in case of dispute are determined by the Minister of Education to have been, the main user immediately before that date.

(6)Any authority who . . . F51 are, . . . F51, the local education authority for any area in Greater London may agree with any other local education authority for the maintenance by that other authority of any school which under subsection (5) of this section would otherwise fall to be maintained by the first-mentioned authority.

(7)In the case of any school maintained immediately before 1st April 1965 by a local education authority who in consequence of this Act will not continue to maintain it on and after that date—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

(b)any direction of the local education authority under section 22 of the said Act of 1944 and any agreed syllabus of religious instruction under section 29 of that Act, being a direction or syllabus in force immediately before that date, shall continue in force on and after that date until replaced by a further direction under the said section 22 or, as the case may be, by the adoption of a new syllabus under the said section 29.

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

Textual Amendments

Modifications etc. (not altering text)

C14Functions of Minister of Education now exercisable by Secretary of State for Education and Science: S.I. 1964/490

32

(1)—(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

Textual Amendments

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58E+W

Textual Amendments

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59E+W

Textual Amendments

Part V E+W Sewerage and Trade Effluents

35, 36.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60E+W

Textual Amendments

37 Application of enactments relating to sewerage and sewage disposal. X2E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

(2)The provisions of Part III of the said Schedule 9 shall, except so far as the contrary intention appears, have effect in all parts of the sewerage area of the Greater London Council (being provisions reproducing, with modifications designed amongst other things to enable them to operate in that area or to bring them into conformity with this Act or the enactments mentioned in the foregoing subsection, provisions of Part II of the M13Public Health (London) Act 1936 and other enactments relating to sewerage, sewage disposal and drainage in the administrative county of London which do not correspond to any enactments mentioned in that subsection but which it is expedient to apply to that area).

(3),(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

Editorial Information

X2S. 37: "the said Schedule 9" means Sch. 9 to this Act

Textual Amendments

Marginal Citations

38, 39.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62E+W

Textual Amendments

Part VI E+W Application of Public Health Acts and Related Acts

40 General application of Public Health Acts.E+W

(1)The enactments to which this section applies shall apply or, as the case may be, continue to apply throughout Greater London as they apply elsewhere in England and Wales, but those enactments shall have effect subject to the provisions of subsection (2) of this section and to the modifications specified in Part I of Schedule 11 to this Act.

(2)Subject to any provision to the contrary in the said Part I, . . . F63, the local authority and the urban sanitary authority for the purposes of the said enactments shall—

(a)for a London borough, be the council of the borough;

(b)for the City, be the Common Council; and

(c)for the Inner Temple and the Middle Temple, be the Sub-Treasurer and the Under-Treasurer thereof respectively.

(3)The provisions of Part II of Schedule 11 to this Act shall have effect in Greater London (being provisions reproducing, with modifications designed to bring them into conformity with this Act or the enactments to which this section applies, certain provisions of the M14Public Health (London) Act 1936 and certain other enactments having effect only in the administrative county of London).

(4)This section applies to the following enactments:—

(a)the Public Health Acts 1875 to 1925;

(b)the M15Public Health Act 1936;

(c),(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

(e)the M16Clean Air Act 1956;

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

(h)the M17Public Health Act 1961:

[F67(i)the Registered Homes Act 1984;]

Provided that this section shall not apply to any enactment applied by or mentioned in section 37, 38, 44 or 58 of, or Schedule 9 or 10 to, this Act, except that it applies to sections 1 (2) and 90 and Part XII of the Public Health Act 1936 so far as relating to other enactments to which this section applies.

Textual Amendments

Marginal Citations

41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68E+W

Textual Amendments

42 Medical officers of health and public health inspectors for the City, etc.E+W

(1)The provisions of sections 106, 108, 110, 115 and 116 of the M18Local Government Act 1933 relating to medical officers of health and public health inspectors shall apply to the City, the Inner Temple and the Middle Temple, and accordingly in those sections, so far as they apply to such officers and inspectors, references to a borough and to a borough council or a local authority shall be construed as including references to the City, the Inner Temple and the Middle Temple and to the Common Council, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively.

(2)The provisions of the said sections 106, 115 and 116 relating to medical officers of health and public health inspectors shall also apply to the port health district of the Port of London, and accordingly in those sections, so far as they apply to such officers and inspectors, references to a borough and to a borough council or a local authority shall also be construed as including references to that district and to the port health authority therefor respectively.

Marginal Citations

43 Modifications of London Building Acts. E+W

(1)Without prejudice to the application to any part of Greater London by section 40 of this Act of any enactments relating to building control and to buildings and structures, but subject to any order under section 84 of this Act, the relevant provisions of the London Building Acts shall continue to have effect in Greater London other than the outer London boroughs, and Part II of the Act of 1939 and any regulations thereunder and any other relevant provisions of the London Building Acts which relate to the said Part II shall, notwithstanding anything in section 4 of the Act of 1930, extend to the outer London boroughs; and—

(a)the Greater London Council shall have the functions of the London county council under all the aforementioned provisions; and

(b)the councils of the inner London boroughs and, in the case of provisions which extend to the outer London boroughs, the councils of the outer London boroughs shall have the functions of metropolitan boroughs under the said provisions.

(2)In accordance with the foregoing subsection, in the relevant provisions of the London Building Acts and any byelaws and regulations made thereunder—

(a)for references to London or the administrative county of London there shall be substituted references to Greater London other than the outer London boroughs;

(b)for references to the London county council there shall be substituted references to the Greater London Council, except that for references to instruments of any description made by, or resolutions of, the London county council there shall be substituted references to instruments of that description made by, or resolutions of, that county council or the Greater London Council;

(c)for references to the council of a metropolitan borough there shall be substituted references to the council of an inner London borough or, in the case of a provision which extends to the outer London boroughs, references to the council of any London borough, and references to a local authority shall be construed accordingly;

(d)for references to the London Building Acts or the provisions of those Acts there shall be substituted references to the relevant provisions of those Acts, and for references to the Act of 1930, 1935 or 1939 (other than references to a specified provision thereof) there shall be substituted references to so much of the said relevant provisions as are contained in that Act.

(3),(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

(5)In this section “the relevant provisions of the London Building Acts” means—

(a)the London Building Acts 1930 to 1939, except the provisions repealed by the next following subsection;

(b)sections 6 and 7 of the M19London County Council (General Powers) Act 1954, and section 3 of that Act so far as it relates to those sections;

(c)sections 5 to 13 of, and Schedules 1 and 2 to, the M20London County Council (General Powers) Act 1955, and section 3 of that Act so far as it relates to those sections and Schedules;

(d)section 62 of the M21London County Council (General Powers) Act 1956; and

(e)sections 15 to 17 of the M22London County Council (General Powers) Act 1958, and sections 3 and 13 of that Act so far as they relate to the said sections 15 to 17;

and references to the M23Acts of 1930 M24M25, 1935 and 1939 shall be construed as references respectively to the London Building Act 1930, the London Building Act (Amendment) Act 1935 and the London Building Acts (Amendment) Act 1939.

(6)The following provisions of the London Building Acts 1930 to 1939 shall cease to have effect, that is to say—

X3(a)Parts II and 111 and sections 51 to 53 of the Act of 1930 ;

X3(b)section 4(1)(a) of the Act of 1935 ;

(c)sections 128 to 131 and 156 of the Act of 1939, and section 148 of that Act so far as it relates to other provisions of the London Building Acts 1930 to 1939 repealed by this subsection.

Editorial Information

X3The text of s. 43(6)(a)(b) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

Modifications etc. (not altering text)

C15Certain functions conferred by section 43 transferred by virtue of Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 16, Sch. 8 para. 14(2)

C16Certain functions of Minister of Housing and Local Government under s. 43 of this Act now exercisable by Secretary of State: S.I. 1964/263, 1966/692 and 1970/1681

Marginal Citations

M231930 c. clviii.

44 Cemeteries and crematoria.E+W

(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

(4)In the Burial Acts 1852 to 1906 any reference to the Metropolis shall be construed as a reference to Greater London; and in those Acts in their application to Greater London—

(a)any reference to a parish (not being a reference which is to be taken as a reference to an ecclesiastical parish) shall, without prejudice to section 68 (5) of the M26Rating and Valuation Act 1925, as amended by paragraph 13 of Schedule 15 to this Act, be construed as a reference to a London borough or the City, as the case may be; and

(b)any reference to a burial board shall be construed as a reference to the council of a London borough or the Common Council, as the case may be.

(5)Notwithstanding anything in section 7 of the M27Burial Act 1900 and without prejudice to section 3 of the M28Public Health (Interments) Act 1879, the provisions of sections 27 to 31 of the M29Cemeteries Clauses Act 1847 shall, so far as applicable, continue to apply to the City of London Cemetery, but the foregoing provisions of this subsection shall not affect the right of the incumbent of any ecclesiastical parish in the City to perform funeral services in respect of his own parishioners.

(6)The provision made by an order under section 84 of this Act may include provision that a burial ground provided under the Burial Acts 1852 to 1906 for any area the whole or part of which is included in a London borough, or a cemetery provided by virtue of the said Act of 1879 for any such area, shall be treated as if it were provided for the whole of that borough or, if the area is included partly in one and partly in another borough, as if it were provided for the whole of one or both of those boroughs.

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

Textual Amendments

Marginal Citations

Part VII E+W Functions as to Health and Welfare Services and other matters

45

(1),(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

X4(6)In section 79(1) of the said Act of 1946, in the definition of “local authority”, for the words “metropolitan borough” there shall be substituted the words “London borough, the Greater London Council”; . . . F75

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76

Editorial Information

X4The text of s. 45(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

46 Accommodation and welfare of disabled and old persons, etc.E+W

(1),(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78

(4)The functions of the council of a [F79London borough] under section 47 of the said Act of 1948 (which relates to the removal to suitable premises of persons in need of care and attention) . . . F80 shall, as respects the Inner Temple and the Middle Temple, be exercisable by the Sub-Treasurer and the Under-Treasurer thereof respectively, and those persons shall be included among the appropriate authorities specified in sections 47 (12) . . . F80 of that Act.

(5)—(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81

Textual Amendments

47 Children authorities.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82

(2)Section 96 (4) of the M30Children and Young Persons Act 1933 shall not apply to expenses incurred by the Common Council . . . F83

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84

Textual Amendments

Marginal Citations

48 Fire authorities.E+W

(1),(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85

(3)The M31Metropolitan Fire Brigade Act 1865 shall have effect as if references to the Metropolitan Board of Works were . . . F86 references to the metropolis were references to Greater London other than the outer London boroughs.

Textual Amendments

Marginal Citations

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87E+W

Textual Amendments

50 Explosives and petroleum-spirit.E+W

(1)Subject to subsection (3) of this section, the council of a London borough shall be the local authority for the borough for the purposes of the M32Explosives Acts 1875 M33 and 1923 and the M34Fireworks Act 1951.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88

(3)Subsections (1) . . . F89 of this section shall not affect the jurisdiction exercisable in any harbour wholly or partly in Greater London by a harbour authority within the meaning of the Explosives Act 1875 or, as the case may be, the Petroleum (Consolidation) Act 1928.

Textual Amendments

Marginal Citations

M34195 c. 58.

51 Shops, etc.E+W

(1)The council of a London borough shall as respects the borough, and the Common Council shall as respects the City, be the local authority for the purposes of the M35Offices, Shops and Railway Premises Act 1963, . . . F90; and accordingly—

(a)in the definition of “local authority” in section 90(1) of that Act, for the words “or a county district, the council of a metropolitan borough” there shall be substituted the words “a London borough or a county district”; . . . F91

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91

(2)The said Act of 1963 shall be further amended as follows—

(a)in section 41(1) for the words “administrative county of London” there shall be substituted the word “inner London boroughs, the City of London, the Inner Temple and the Middle Temple”;

(b)in section 41(3) for the words “administrative county of London” there shall be substituted the words “inner London boroughs, the City of London, the inner Temple or the Middle Temple”;

(c)in section 52(3)(a) after the word “ county” there shall be inserted the words “ or the Greater London Council” ;

(d)in section 52(5) for the words “ administrative county of London” there shall be substituted the word “ Greater London” .

(3)No order shall be made under section 54 of the M36Shops Act 1950 other than an order revoking, either generally or as respects a specified area, a previous order under that section; and, in relation to any area outside the City and the Temples, the power of making such an order under that section shall be exercisable by the council of the London borough in which that area falls, and references in subsections (2) to (4) of that section and in any order made thereunder to the London county council shall be construed as references to that borough council.

(4)Until finally repealed as respects all classes of premises and for all purposes by the said Act of 1963—

(a)section 72(2) of the Shops Act 1950 shall have effect throughout Greater London as originally enacted and not as amended by section 18 of the M37London County Council (General Powers) Act 1958;

(b)the definition of “sanitary authority” in section 74(1) of the Shops Act 1950 shall have effect as if for the words from “means” onwards there were substituted the words “means the council of a borough or an urban or rural district or, as respects the City of London, the Common Council”.

Textual Amendments

F91S. 51(1)(b) and word “and” immediately preceding it repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Modifications etc. (not altering text)

C17The text of s. 51(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

52X5Licensing of theatres, public entertainments etc.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F93

(3)Schedule 12 to this Act shall have effect with respect to the licensing of the public entertainments referred to in that Schedule in Greater London . . . F94

Editorial Information

X5Unreliable margin note

Textual Amendments

F92S. 52(1) repealed by Theatres Act 1968 (c. 54), Sch. 3

Modifications etc. (not altering text)

C18S. 52: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

53

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95

(2),(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F96

Textual Amendments

54 Food, drugs, markets and animals.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F97

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F98

(3)For the purposes of the [F99Animal Health Act 1981]—

(a)subject to paragraph (b) of this subsection, the council of a London borough shall be the local authority for the borough;

(b)for the purpose of the provisions of that Act relating to imported animals, the Common Council shall be the local authority in and for the whole of Greater London.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F100

Textual Amendments

55 Smallholdings, allotments, etc.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F101

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F102

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F103

(4)In its application to an inner London borough, section 23 of the M38Small Holdings and Allotments Act 1908 shall have effect as if—

(a)in subsection (1) for the word “shall” wherever it occurs there were substituted the word “may”; and

(b)subsection (2) were omitted;

and in section 20 of the M39Allotments Act 1922 for the words “Metropolitan borough” there shall be substituted the words “outer London borough”.

Textual Amendments

Marginal Citations

56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F104E+W

Textual Amendments

57

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F105

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F106

Textual Amendments

58

[F107(1)The Open Spaces Act 1906, except section 14, shall have effect as if the London borough councils . . . F108 were included among the local authorities to whom it applies.]

(2),(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F109

Textual Amendments

59 The Green Belt.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F110

(2)In the said Act of 1938—

X6(a)in section 2(1), in the definition of “the area”, for the words from “London” onwards there shall be substituted the words “and Surrey, and Greater London”;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F110

(c)the expression “contributing local authority” in relation to any land in relation to which, if this Act had not been passed, any existing council to whom section 3 (1) (b) of this Act applies would have been such an authority, shall, . . . F111, include the London borough council whose area includes the whole or any part of the area of that existing council;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F112

X6(e)in section 17(7)for the words “county or borough or district or parish” there shall be substituted the words “area”.

Editorial Information

X6The text of s. 59(2)(a)(e) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

60 Functions under National Parks and Access to the Countryside Act 1949.E+W

(1)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F113

(5)The provisions of Part V of the said Act of 1949 with respect to access agreements and access orders and section 90 of that Act shall not apply to the inner London boroughs or the City; . . . F114

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115

Textual Amendments

61 Functions under Town Development Act 1952. X7E+W

(1),(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F116

(3)It shall be the duty of the Greater London Council—

(a)to implement, or complete the implementation of, any undertaking given before 1st April 1965 with the approval of the Minister—

(i)under section 4, 10(3) or 19(3) of the said Act of 1952 (including the said section 4 as extended by section 34(2) of the M40Housing Act 1961) by any council to whom section 3(1)(b) of this Act applies; or

(ii)under the said section 4 (as extended as aforesaid) by the Hertfordshire, Essex, Kent or Surrey county council in a case where the undertaking was in respect of development relieving congestion in any area falling within Greater London;

(b)to take or complete any action which was agreed to be taken by any council to whom section 3(1)(b) of this Act applies in pursuance of an agreement made before 1st April 1965, being an agreement made with the authority of the Minister under section 8(1) of the said Act of 1952 or an agreement such as is referred to in section 8(2) of that Act;

and the Greater London Council shall have the like rights under any agreement to which paragraph (b) of this subsection applies as the council whose liabilities thereunder they assume by virtue of that paragraph.

(4)References in subsection (3) of this section to an undertaking given or action agreed to be taken by any council shall be construed as including references to any undertaking or action which, having regard to the established practice of that council, should properly be deemed to have been so given or to have been so agreed to be taken; and any dispute as to the existence or extent of any duty, right or liability of the Greater London Council by virtue of the said subsection (3) or as to whether or not any particular undertaking or action should properly be deemed as aforesaid shall be referred to and determined by the Minister.

(5)Any action authorised by an order under section 9 of the said Act of 1952 to be taken by any council to whom section 3(1)(b) of this Act applies may be taken by the Greater London Council; and that Council shall have the like liabilities and rights in connection with any obligation with respect to that action imposed by the order as the council originally authorised by the order to take that action.

Editorial Information

X7S. 61: "the said Act of 1952" means Town Development Act 1952 (c. 54)

Textual Amendments

Marginal Citations

62 Miscellaneous local authority functions.E+W

(1)The London borough councils and (where not already so) the Common Council shall be local authorities for the purposes of the following enactments—

(a)the M41Canals Protection (London) Act 1898, which shall extend to the whole of Greater London;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F117

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F118

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119

(e)the M42Riding Establishments Act 1939;

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F117

(2)Schedule 14 to this Act shall have effect with respect to the discharge in Greater London and the adjoining areas of functions with respect to land drainage and flood prevention and other functions under the enactments therein mentioned.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F117

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F121

Textual Amendments

Marginal Citations

Part VIII E+W Rating and valuation and associated matters

63 Rating and valuation.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F122

(2)The enactments relating to rating and valuation in England and Wales shall have effect subject to the modifications thereof specified in Schedule 15 to this Act, . . . F123

(a)—(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F122

Textual Amendments

64, 65.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F124E+W

Textual Amendments

66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F125E+W

Textual Amendments

67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F126E+W

Textual Amendments

68 Financial provisions applicable to the Common Council.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F127

(2)The Common Council may for the purposes of any enactment borrow money under the City of London Sewers Acts 1848 to 1897 in accordance with the provisions of those Acts or of any other Acts regulating the mode of borrowing money by the Council.

(3)In any enactment passed after 1st August 1958 and applying or subsequently applied to the Common Council any reference to the general rate fund of a local authority or any description of local authority shall, except where the context otherwise requires, be construed in relation to the Council as a reference to the general rate of the City.

(4)The foregoing provisions of this section apply to the Common Council as local authority, as police authority and as port health authority.

(5)In this section any reference to any enactment includes a reference to any instrument made under an enactment and any reference to any enactment or instrument includes a reference to any enactment or instrument contained in or made under this Act, or passed or made after this Act.

Textual Amendments

F127S. 68(1) repealed (subject to savings in S.I. 1990/777, reg, 4(1), Sch. 2) by Local Government Act 1988 (c. 41, SIF 81:1), ss. 117(2), 149, Sch. 13 Pt. I

69, 70.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F128E+W

Textual Amendments

Part IX E+W Miscellaneous and General

Common servicesE+W

71, 72.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129E+W

Textual Amendments

73 Publicity for amenities of Greater London. E+W

(1)[F130Any of the London borough councils and the Common Council may, for the purpose of giving publicity to the amenities and advantages of their respective areas—]

(a)enter into and carry into effect agreements for the purpose with any person approved by the Minister;

(b)make reasonable contributions towards the expenses incurred by any such person in giving effect to any such agreement;

(c)incur reasonable expenditure on the use of suitable media of advertising;

(d)incur reasonable expenditure on the establishment and maintenance of office accommodation for the dissemination of information relating to [F131their respective areas].

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F132

Textual Amendments

Modifications etc. (not altering text)

MiscellaneousE+W

74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133E+W

Textual Amendments

75 Compensation for injury to or death of officers.E+W

(1)Any of the following councils, that is to say, . . . F134 the London borough councils and the Common Council, may pay compensation—

(a)to any of their officers who sustains an injury in the course of his employment; or

(b)to the widow or widower or child of any of their officers who, in the course of his employment, dies or sustains an injury resulting in death.

(2)Any compensation payable under this section may be paid either—

(a)by way of a lump sum; or

(b)by way of periodical payments of such amounts and payable at such times and for such periods as the council in question may from time to time determine having regard to all the circumstances of the case.

(3)The payment of compensation under this section shall not affect any right or claim to damages or compensation which an officer of any of the councils aforesaid or his widow or widower or child may have against any person other than that council or, except so far as may be agreed when the compensation is granted, against that council.

[F135(4)This section shall apply to . . . F136[F137, an authority established by Part I, II, III, IV or V of the Waste Regulation and Disposal (Authorities) Order 1985] the London Fire and Civil Defence Authority as it applies to the councils mentioned in subsection (1) of this section.]

Textual Amendments

F136Words “the Inner London Education Authority and” repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F137Words inserted by virtue of S.I. 1985/1884, art. 10, Sch. 3 para. 5 which provides that s. 75(4) of the London Government Act 1963 (c. 33) shall have effect as if after the words “the Inner London Education Authority” the following words were inserted “, an authority established by Part I, II, III, IV or V of the Waste Regulation and Disposal (Authorities) Order 1985”

76 Adjustment to metropolitan police district.E+W

(1)As from 1st April 1965, the metropolitan police district shall consist of the following areas, that is to say—

(a)Greater London, excluding the City of London, the Inner Temple and the Middle Temple;

[F138(b)in the county of Essex, in the district of Epping Forest—

the area of the former urban district of Chigwell the parish of Waltham Abbey;

(c)in the county of Hertfordshire—

(d)in the county of Surrey—

and section 16 of, and Schedule 4 to, the M43Police Act 1946 shall cease to have effect.

(2)This section and the Metropolitan Police Acts 1829 to 1959 may be cited together as the Metropolitan Police Acts 1829 to 1963 and this section shall be construed as one with those Acts.

Textual Amendments

Modifications etc. (not altering text)

C21S. 76: power to amend conferred (1.4.1995 subject to arts. 4(2)-(8), 5 of the commencing S.I.) by 1964 c. 48, 21C(2)(a) (as substituted (1.4.1995) by 1994 c. 29, s. 14); S.I. 1994/3262, art. 4(1), Sch.

Marginal Citations

77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F139E+W

Textual Amendments

78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F140E+W

Textual Amendments

79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F141E+W

Textual Amendments

80 Compulsory registration of title in and around Greater London.E+W

(1)Notwithstanding anything in section 120 of the M44Land Registration Act 1925, the registration of title to land shall continue at all times on and after 1st April 1965 to be compulsory on sale—

(a)in any part of Greater London in which immediately before that date such registration was so compulsory; and

(b)in the areas comprised in the existing urban districts of Potters Bar, Staines and Sunbury-on-Thames.

(2)Her Majesty may by Order in Council declare as respects any other part of Greater London specified in the Order that registration of title to land is to be compulsory on sale on and after such date as may be so specified; . . . F142.

(3)Nothing in any Order under subsection (2) of this section shall render compulsory the registration of the title to an incorporeal hereditament or to mines and minerals apart from the surface, or to corporeal hereditaments parcel of a manor and included in the sale of a manor as such.

(4)As soon as the registration of title to land has become compulsory on sale in the whole of Greater London as for the time being constituted at any time on or after 1st April 1965, any area which subsequently becomes part of Greater London shall be deemed to be included in an Order under subsection (2) of this section.

(5)The registration of title to land shall continue to be compulsory on sale in any area by virtue of subsection (1) (a), (2) or (4) of this section notwithstanding that the area in question ceases to be part of Greater London.

(6)Section 123 of the said Act of 1925 (which relates to the effect of that Act in areas where registration is compulsory) shall have effect as if the provisions of subsection (1) of this section were contained in an Order in Council; and section 124 of that Act (which provides that Part XI of that Act shall bind the Crown) shall have effect as if this section were included in the said Part XI.

Textual Amendments

Marginal Citations

81 Charities in Greater London.E+W

(1)—(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F143

(9)As from 1st April 1965—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F144

(b)the said sections 10 and 11 shall apply to the City as if it were a London borough and the Common Council were the council of that borough;

(c)in Schedule 3 to that Act any reference to the county of London shall be construed as a reference to Greater London.

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F145

Textual Amendments

F143S. 81(1)–(8) repealed (but not so as to alter the charity trustees of any charity) by Education Act 1973 (c. 16), s. 1(4), Sch. 2 Pt. I

Modifications etc. (not altering text)

C22 “the said sections 10 and 11” means sections 10 and 11 of the Charities Act 1960 (c. 58) and “that Act” is the said Charities Act 1960 (c. 58)

GeneralE+W

82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F146E+W

Textual Amendments

83 Other adaptations of enactments. E+W

(1)As from 1st April 1965, the enactments specified in Schedule 17 to this Act shall have effect subject to the provisions of that Schedule, being provisions necessary or expedient in consequence of other provisions of this Act.

(2)Her Majesty may at any time, whether before or after 1st April 1965, in any case where it appears to Her appropriate in consequence of the provisions of this Act, by Order in Council coming into force not earlier than 1st April 1965 make such further modifications of any enactment contained in any other public general Act passed before 1st April 1965 (not being an Act passed with respect only to the whole or part of the existing county of London) as may appear to Her to be necessary to make that enactment apply—

(a)in relation to Greater London . . . F147 as it applies in relation to . . . F147 a county (or a particular county to which section 3 (1) (b) of this Act applies); or

(b)in relation to a London borough or the council thereof or, as the case may be, in relation to the City or the Common Council, as it applies in relation to, or to the council of, a county borough (or a particular county borough to which the said section 3 (1) (b) applies); or

(c)in relation to a London borough or the council thereof as it applies in relation to, or to the council of, a metropolitan borough (or a particular metropolitan borough),

or, in the case of an enactment conferring on the London county council power to appoint members of any body, to make that power exercisable by some body appearing to Her to be representative of all or any of the councils of the London boroughs and the Common Council . . . F148; but no such Order shall be made unless a draft thereof has been laid before, and approved by a resolution of, each House of Parliament.

Textual Amendments

Modifications etc. (not altering text)

84 Supplementary and transitional provision. E+W

(1)The Minister or any appropriate Minister may at any time, whether before or after 1st April 1965, by order, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make such incidental, consequential, transitional or supplementary provision as may appear to him—

(a)to be necessary or proper for the general or any particular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto; or

(b)to be necessary or proper in consequence of such of the provisions of any other Act passed in the same session as this Act as apply to Greater London or any authority therein or any other area or authority affected by Part I of this Act;

and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2)Any such order may in particular include provision—

(a)with respect to the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities;

(b)with respect to the membership of any body so far as that membership consists of persons elected by, or appointed by or on the nomination of—

(i)any council affected by Part I of this Act; or

(ii)any two or more bodies who include such a council;

(c)for applying, amending or repealing or revoking, with or without savings, any Act passed or any instrument under an Act made before 1st April 1965;

(d)for requiring the council of any London borough, with a view to securing that the introduction of a general rate of uniform amount per pound of rateable value throughout the borough is gradual, to make and levy during a limited period beginning on 1st April 1965 differential rates determined by reference to the circumstances of the existing rating areas and parts of such areas included in the borough;

(e)for any of the matters specified in section 148(1)(a) to (h) and (2) of the M45Local Government Act 1933;

(f)for anything duly done before 1st April 1965 by any authority in the exercise of functions which on and after that date become functions of some other authority to be deemed as from that date to have been duly done by that other authority, and for any instrument made before that date, if or so far as it was made in the exercise of those functions, to continue in force on and after that date until varied or revoked in the exercise of those functions by that other authority.

(3)The provision which may be made by virtue of paragraph (e) of the last foregoing subsection shall include the making, in relation to any association mentioned in [F149section 121 of the Reserve Forces Act 1980], of the like provision as may be made in relation to a public body under section 148(1)(a) to (h) of the M46Local Government Act 1933, including provision for continuing in existence any such association and the area for which it is established or authorising the establishment of any such association under the [F149said Act of 1980] for the whole or any part of Greater London and in either case for the appointment of a president and vice-president of any such association.

(4)Notwithstanding anything in the foregoing provisions of this section, the Minister shall not make an order under this section (or this section as extended by section 87 of this Act) affecting any Act or instrument applying only to the City (with or without the Temples) or to things or persons connected therewith except after consultation with the Common Council.

(5)Section 151 of the said Act of 1933 (which relates to financial adjustments by agreement between public bodies affected by any alteration of areas or authorities made by an order under Part VI of that Act) shall apply for the purposes of this Act as if the reference to such an order included a reference to any provision of, or of any instrument made under, this Act.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F150

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

85 Transfer and compensation of officers.E+W

(1)Any order under section . . . F151 84 of this Act may contain provisions as to the transfer of any person who is, on such date as may be specified in relation to him in the order, the holder of any place, situation or employment and who is affected by any provision of, or of any instrument made under, this Act, and shall contain provisions for the protection of the interests of such persons.

(2)In the case of any person who on 31st March 1965 is in the employment of one or more local authorities who are or include a council to whom section 3 (1) (b) of this Act applies, being employment which, or which in the aggregate, is wholetime employment, the Minister shall by order make such provision as is necessary to ensure that, to the extent, if any, to which, by reason only of the said section 3 (1) (b), that person would apart from the order cease on 1st April 1965 to be in employment which, or which in the aggregate, would be wholetime employment by one or more local authorities, that person is transferred on 1st April 1965 to the employment of such local authority as may be specified in or determined under the order.

(3)The provision required by subsection (1) or (2) of this section . . . F152 shall include such provision with respect to any person who is transferred under this Act . . . F152 from the employment of one authority to that of another as to secure that—

(a)so long as he continues in the employment of that other authority by virtue of the transfer and until he is served with a statement in writing of new terms and conditions of employment, he enjoys terms and conditions of employment not less favourable than those he enjoyed immediately before the date of transfer; and

(b)the said new terms and conditions are such that—

(i)so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before the date of transfer, the scale of his salary or remuneration, and

(ii)the other terms and conditions of his employment,

are not less favourable than those he enjoyed immediately before the date of transfer.

(4)The appropriate Minister shall by regulations make provision for the payment by such authority as may be prescribed by or determined under the regulations, but subject to such exceptions or conditions as may be so prescribed, of compensation to or in respect of persons who are, or who but for any such service by them as may be so prescribed would be, the holders of any such place, situation or employment as may be so prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to any provision of this Act . . . ; and any such regulations—

(a)may include provision as to the manner in which and the person to whom any claim for compensation is to be made, and for the determination of all questions arising under the regulations; and

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F153

Textual Amendments

Modifications etc. (not altering text)

86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F154E+W

Textual Amendments

87 Local Acts and instruments in and around Greater London.E+W

(1)Subject to the provisions of this Act and any Act passed after this Act and before 1st April 1965 and of any order under section 84 of this Act or this section, any local statutory provision to which this section applies and which is not continued in force by any other provision of this Act shall—

(a)notwithstanding the changes of administrative areas and abolition of local authorities effected by Part I of this Act and, in the case of an instrument made under any enactment, notwithstanding the repeal of that enactment, continue to apply on and after that date to, but only to, the area, things or persons to which or to whom it applies before that date;

(b)have effect subject to any necessary modifications, including in particular—

(i)in the case of a Greater London statutory provision, the substitution for any reference to an existing county borough, metropolitan borough or county district situated wholly or partly within Greater London or the council thereof of a reference to so much of the London borough or boroughs as comprise that existing borough or district or any part thereof or, as the case may be, the council of that London borough or the councils of those London boroughs;

(ii)in the case of an urban district statutory provision, the substitution for any reference to the county of Middlesex or the council thereof of a reference to the county in which the district in question is included by virtue of this Act or, as the case may be, the council of that county;

but the continuation by this subsection of an instrument made under any enactment shall not be construed as prejudicing any power to vary or revoke the instrument which is exercisable apart from this subsection.

(2)—(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F155

(8)This section applies to any local statutory provision in force immediately before 1st April 1965 and not expressly repealed or revoked by this Act, being a provision—

(a)applying to any part of the relevant area or to things or persons connected with a part of the relevant area; or

(b)conferring on an existing local authority abolished by this Act functions the exercise of which is not restricted to a part of Greater London or to things or persons connected therewith; or

(c)applying to the urban district of Potters Bar, Staines or Sunbury-on-Thames or to things or persons connected with one of those districts.

(9)In this section—

(a)in relation to sewerage and sewage disposal, it includes so much of any county district as is in the sewerage area of the Greater London Council;

(b)in relation to land drainage, flood prevention and the like matters, it includes so much of any county district as is in the London excluded area within the meaning of Schedule 14 to this Act;

Textual Amendments

Modifications etc. (not altering text)

88 General provision as to inquiries.E+W

(1)Any Minister may cause a local inquiry to be held for the purpose of any of his functions under this Act in any case where there is no duty and no power apart from this section to hold an inquiry.

(2)Section 290 (2) to (5) of the M47Local Government Act 1933 (which subsections relate to the giving of evidence at inquiries and the payment of costs) shall apply to any local inquiry caused to be held for the purposes of this Act by any Minister as if that Minister were a department for the purposes of that section, but shall not apply to any such inquiry so far as some other provision with respect to the subject-matter of those subsections is applicable to that inquiry by virtue of any other enactment.

Marginal Citations

89 Interpretation. E+W

(1)In this Act, except where the context otherwise requires, the following expressions have the following meanings respectively, that is to say—

(2)In this Act, except where the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment, including any enactment contained in this Act.

(3)References in any other Act to any enactment modified by this Act shall, except when the context otherwise requires, be construed as a reference to that enactment as so modified.

Textual Amendments

F158Definition of “metropolitan road” repealed by Transport (London) Act 1969 (c. 35), Sch. 6

Modifications etc. (not altering text)

C27Functions of Board of Trade now exercisable by Secretary of State concurrently with Board of Trade: S.I. 1970/1537

C28Functions of Minister of Housing and Local Government now exercisable by Secretary of State: S.I. 1970/1681

Marginal Citations

90 Orders, rules and regulations. E+W

Any power to make orders, rules or regulations conferred by this Act on any Minister shall be exercisable by statutory instrument, and any power to make an order under any provision of this Act shall include power to make an order varying or revoking any order previously made under that provision.

Modifications etc. (not altering text)

91 Expenses.E+W

(1)There shall be defrayed out of moneys provided by Parliament—

(a)any expenses incurred by any Minister under this Act; and

(b)any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.

(2)Any sums received by any Minister under this Act shall be paid into the Exchequer.

92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F160E+W

Textual Amendments

93 Repeals and savings.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F161

(2)Without prejudice to section 38(1) of the M49Interpretation Act 1889, where this Act repeals any enactment making provision with respect to a particular matter or particular matters and either makes, or applies some other enactment making, corresponding or different provision with respect to that matter or those matters, then, unless the contrary intention appears and, in particular, subject to any order under section 82, 83, 84, 85 or 87 of this Act, references in any enactment other than this Act, or in any instrument made under any enactment other than this Act, to the repealed enactment shall be construed as references to the enactment contained in or applied by this Act which makes the corresponding or different provision.

(3)Nothing in this Act shall affect the boundary of the area for the supply of electricity . . . F162 of any Area Board within the meaning of the M50Electricity Act 1947 . . . F162.

(4)Nothing contained in, or done by virtue of, any provision of this Act other than section 84(2)(b) or paragraph 35 of Schedule 4 shall affect the functions of the conservators of any common.

(5)Any enabling provision contained in this Act shall be deemed to be in addition to, and not in derogation of, any powers exercisable by Her Majesty by virtue of Her Royal prerogative.

Textual Amendments

F162Words repealed by Gas Act 1972 (c. 60), Sch. 8

Marginal Citations

94 Short title, commencement and extent.E+W

(1)This Act may be cited as the London Government Act 1963.

(2)The following provisions of this Act shall not come into force until 1st April 1965, that is to say, Parts II, III, and V to VIII other than sections 17(6), 48(2), 62(4), 66, 69, and 70.

(3)Except for section 4(4) . . . F163 of this Act . . . F163, the provisions of this Act other than this subsection shall not extend to Scotland; and as from 1st April 1965 in paragraph 8 of Schedule 6 to the M51Valuation and Rating (Scotland) Act 1956 for the words “the Administrative County of London” there shall be substituted the words “Greater London other than the outer London boroughs”.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F163, the provisions of this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F163 shall not extend to Northern Ireland.

Textual Amendments

Marginal Citations

SCHEDULES

Section 1.

SCHEDULE 1E+W The London Boroughs

Part I E+W

Areas etc. of the London boroughsE+W

123
Reference number of London boroughArea by reference to existing administrative areasInitial number of councillors on Greater London Council
1The metropolitan boroughs of Westminster, Paddington and St. Marylebone.4
2The metropolitan boroughs of Hampstead, Holborn and St. Pancras.3
3The metropolitan boroughs of Finsbury and Islington.3
4The metropolitan boroughs of Hackney, Shoreditch and Stoke Newington.3
5The metropolitan boroughs of Bethnal Green, Poplar and Stepney.2
6The metropolitan borough of Greenwich and so much of the metropolitan borough of Woolwich as lies south of the boundary referred to in paragraph 1 of Part II of this Schedule.3
7The metropolitan boroughs of Deptford and Lewisham.4
8The metropolitan boroughs of Bermondsey, Camberwell and Southwark.4
9The metropolitan borough of Lambeth and so much of the metropolitan borough of Wandsworth as lies east of the boundary referred to in paragraph 2 of Part II of this Schedule.4
10The metropolitan borough of Battersea and so much of the metropolitan borough of Wandsworth as lies west of the boundary referred to in paragraph 2 of Part II of this Schedule.4
11The metropolitan boroughs of Fulham and Hammersmith.3
12The metropolitan boroughs of Chelsea and Kensington.3
13The boroughs of Chingford, Leyton and Walthamstow.3.
14The borough of Ilford, the borough of Wanstead and Woodford, so much of the borough of Dagenham as lies north of the boundary referred to in paragraph 3 of Part II of this Schedule, and so much of the urban district of Chigwell as lies south of the boundary referred to in paragraph 4 of the said Part II.3
15The borough of Romford and the urban district of Hornchurch.3
16So much of the borough of Barking as lies east of the boundary referred to in paragraph 5 of Part II of this Schedule, and so much of the borough of Dagenham as lies south of the boundary referred to in paragraph 3 of the said Part II.2
17The county boroughs of East Ham and West Ham, so much of the borough of Barking as lies west of the boundary referred to in paragraph 5 of Part II of this Schedule and so much of the metropolitan borough of Woolwich as lies north of the boundary referred to in paragraph 1 of the said Part II.3
18The boroughs of Bexley and Erith, the urban district of Crayford, and so much of the urban district of Chislehurst and Sidcup as lies north of the boundary referred to in paragraph 6 of Part II of this Schedule.3
19The boroughs of Beckenham and Bromley, the urban districts of Orpington and Penge, and so much of the urban district of Chislehurst and Sidcup as lies south of the boundary referred to in paragraph 6 of Part II of this Schedule.4
20The county borough of Croydon and the urban district of Coulsdon and Purley.4
21The borough of Beddington and Wallington, the borough of Sutton and Cheam and the urban district of Carshalton.2
22The boroughs of Mitcham and Wimbledon and the urban district of Merton and Morden.2
23The borough of Kingston-upon-Thames, the borough of Malden and Coombe and the borough of Surbiton.2
24The boroughs of Barnes, Richmond and Twickenham.2
25The borough of Brentford and Chiswick, the borough of Heston and Isleworth, and the urban district of Feltham.3
26The borough of Uxbridge, the urban district of Hayes and Harlington, the urban district of Ruislip-Northwood, and the urban district of Yiewsley and West Drayton.3
27The boroughs of Acton, Ealing and Southall4
28The boroughs of Wembley and Willesden4
29The borough of Harrow3
30The boroughs of Finchley and Hendon, and the urban districts of Barnet, East Barnet and Friern Barnet.44
31The boroughs of Hornsey, Tottenham and Wood Green.3
32The boroughs of Edmonton, Enfield and Southgate.3

Part II E+W

Definition of certain boundariesE+W

1E+WThe boundary between the London boroughs numbered 6 and 17 respectively in Part I of this Schedule in the existing metropolitan borough of Woolwich shall be the line for the time being of the centre of the navigable channel of the River Thames at low water.

2E+WThe boundary between the London boroughs numbered 9 and 10 respectively in the said Part I in the existing metropolitan borough of Wandsworth shall be such as the Minister may by order determine on or near the general line of Hazelbourne Road, Cavendish Road, the railway between Balham and Streatham Common stations and the railway between Streatham and Mitcham Junction stations.

3E+WThe boundary between the London boroughs numbered 14 and 16 respectively in the said Part I in the existing borough of Dagenham shall be such as the Minister may by order determine on or near the general line of Billet Road.

4E+WThe boundary of the London borough numbered 14 in the said Part I in the existing urban district of Chigwell shall be a line beginning where the eastern boundary of the railway from Ilford to Woodford crosses the existing urban district boundary and running northwards along that eastern boundary to the southern edge of the footway on the south side of Manor Road, thence north-eastwards along that southern edge to the eastern boundary of No. 251 Manor Road, thence south-eastwards along that eastern boundary and in a straight line in continuation thereof to the northern boundary of the London county council’s Hainault estate, thence north-eastwards along that northern boundary to the western edge of the footway on the western side of Romford Road, and thence south-eastwards along that western edge to the point where it crosses the existing urban district boundary.

5E+WThe boundary between the London boroughs numbered 16 and 17 respectively in the said Part I in the existing borough of Barking shall be such as the Minister may by order determine on or near the general line of the River Roding and Barking Creek.

6E+WThe boundary between the London boroughs numbered 18 and 19 respectively in the said Part I in the existing urban district of Chislehurst and Sidcup shall be such as the Minister may by order determine on or near the general line of route A.20.

Part III E+W

1—8.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F164

Textual Amendments

SCHEDULE 2E+W . . . F165

Textual Amendments

Section 8

SCHEDULE 3E+W Parliamentary and Local Government Elections in and around Greater London

1—15.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F166

Textual Amendments

16E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F167

Textual Amendments

17—20.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F168

Textual Amendments

21E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F169

Textual Amendments

22—24.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F170

Textual Amendments

Part III E+W Modifications of Representation of the People Act 1949

25, 26.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F171

Textual Amendments

27E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F172

Textual Amendments

28—30.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F173

Textual Amendments

31—33.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F174

Textual Amendments

34E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F175

Textual Amendments

35E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F176

Textual Amendments

36E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F177

Textual Amendments

SCHEDULE 4E+W . . . F178

Textual Amendments

SCHEDULE 5E+W . . . F179

Textual Amendments

SCHEDULE 6E+W . . . F180

Textual Amendments

SCHEDULE 7E+W . . . F181

Textual Amendments

SCHEDULE 8E+W . . . F182

Textual Amendments

SCHEDULE 9E+W Modification and Re-enactment as from 1st April 1965 of Enactments Relating to Sewerage and Drainage

Part I E+W

1—4.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F183

Textual Amendments

F183Sch. 9 Pt. I, Pt. II paras. 1–4, 7–10, 12–16, 19 and Pt. III paras. 4(3), 5, 7, 8, 10–12 repealed by Water Act 1973 (c. 37), Sch. 9

Part II E+WM52Specific modifications of Sewerage Provisions of Public Health Act 1936

Marginal Citations

1—4.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F184

Textual Amendments

F184Sch. 9 Pt. I, Pt. II paras. 1–4, 7–10, 12–16, 19 and Pt. III paras. 4(3), 5, 7, 8, 10–12 repealed by Water Act 1973 (c. 37), Sch. 9

5E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F185

Textual Amendments

6E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F186

Textual Amendments

7—10.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F187

Textual Amendments

F187Sch. 9 Pt. I, Pt. II paras. 1–4, 7–10, 12–16, 19 and Pt. III paras. 4(3), 5, 7, 8, 10–12 repealed by Water Act 1973 (c. 37), Sch. 9

F18811E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

12—16.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F189

Textual Amendments

F189Sch. 9 Pt. I, Pt. II paras. 1–4, 7–10, 12–16, 19 and Pt. III paras. 4(3), 5, 7, 8, 10–12 repealed by Water Act 1973 (c. 37), Sch. 9

F19017E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

18E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F191

Textual Amendments

19E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F192

Textual Amendments

F192Sch. 9 Pt. I, Pt. II paras. 1–4, 7–10, 12–16, 19 and Pt. III paras. 4(3), 5, 7, 8, 10–12 repealed by Water Act 1973 (c. 37), Sch. 9

Part III E+WF193 . . .

Textual Amendments

Construction, maintenance and operation of sewers, etc.E+W

F1941E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1952E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1963E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F196Sch. 9 Pt. III para. 3: Sch. 9 Pt. III repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c 60, SIF 130), ss. 3(1), 4(2), Sch.3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)

F1974E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1989E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

MiscellaneousE+W

F20116E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20217E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20318E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20419E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20520E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20621E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SCHEDULE 10E+W . . . F207

Textual Amendments

Section 40.

SCHEDULE 11E+W Modification and Re-enactment as from 1st April 1965 of Provisions of Public Health Acts

Part I E+W Modifications

Modifications etc. (not altering text)

General ModificationsE+W

1E+WSubject to the provisions of this Schedule, any reference in the enactments to which section 40 of this Act applies to the council of a county borough shall be construed as including a reference to the council of a London borough, the Common Council, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple.

2E+WSubject as aforesaid, and without prejudice to the foregoing paragraph, any reference in the said enactments to the district of a local authority or urban authority shall be construed as including a reference to a London borough, the City, the Inner Temple and the Middle Temple and any reference to a borough or urban district shall be construed as including a reference to the City, the Inner Temple and the Middle Temple.

3—10.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F208

Textual Amendments

M53The Public Health Act 1936E+W

Marginal Citations

11E+WSubject to the provisions of the Public Health Act 1936 . . . F209 and this Schedule, in any district in Greater London the duty imposed by section 1(1) of carrying the said Act of 1936 into execution shall, so far as relating to the enactments to which section 40 of this Act applies, be the duty of the local authority for that district.

Textual Amendments

12E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F210

Textual Amendments

13E+WSection 51 shall in its application to Greater London have effect as if any reference to a water closet included a reference to a urinal and as if that section required the occupier of every building in or in connection with which a urinal is provided to cause the urinal to be supplied with flushing apparatus.

14E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F211

Textual Amendments

15E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F212

Textual Amendments

16E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F213

Textual Amendments

17E+WByelaws made under section 81 with respect to Greater London may include provision for preventing the occurrence of nuisances from ice, salt, offal, carrion, fish or other matter as well as nuisance from the matters therein mentioned.

18(1)Byelaws made under section 82(1) with respect to Greater London may make the like provision for the removal or carriage by water of faecal or offensive or noxious matter or liquid as may be made with respect to the removal or carriage thereof through the streets and may provide that any receptacle or any ship or other vessel used for the purpose shall be properly constructed and covered so as to prevent the escape of any such matter or liquid and so as to prevent any nuisance arising therefrom.E+W

X8(2)In section 82(2) for the words from “a regulation” onwards there shall be substituted the words “an order under section 34 of the Road Traffic Act 1960 or section 10 (1) of the London Government Act 1963, and the order shall prevail”.

Editorial Information

X8The text of Sch. 11 Pt. I paras. 18(2), 27, 31, 33 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

19E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F214

Textual Amendments

20E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F215

Textual Amendments

21E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F216

Textual Amendments

22E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F217

Textual Amendments

23E+WIn section 266(1)(i) the references to a land drainage authority shall include references to the Greater London Council.

24E+WIn Part XII—

(a)any reference to the Public Health Act 1936 shall include a reference to section 41 of this Act and this Schedule;

(b)any reference to a council shall be construed as including a reference to the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple, except that any reference in any provision of Part XII to the clerk or any officer or authorised officer of the council shall, in relation to the Inner Temple or the Middle Temple, be construed as a reference to an officer authorised by the Sub-Treasurer or the Under-Treasurer, as the case may be, to act for the purposes of that provision;

(c)any reference to a local authority or the district of a local authority shall, so far as relating to any enactment under which the Greater London Council has functions, be construed as a reference to that Council or Greater London as the case may be.

25E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F218

Textual Amendments

M54The Water Act 1945E+W

Marginal Citations

26E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F219

Textual Amendments

F22027E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F220Sch. 11 Pt. I para. 27 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3(1), 4|2), Sch.3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)

28E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F221

Textual Amendments

29E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F222

Textual Amendments

M55The Clean Air Act 1956E+W

Marginal Citations

30Any reference to building byelaws and building regulations shall, in relation to Greater London other than the outer London boroughs, be construed as a reference to byelaws made by the Greater London Council or the London county council under the M56London Building Act (Amendment) Act 1935.

Marginal Citations

31In section 10 (1), for the words “the administrative county of London” there shall be substituted the words “Greater London or in an outer London Borough”.

Modifications etc. (not altering text)

C31The text of Sch. 11 Pt. I paras. 18(2), 27, 31, 33 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

32E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F223

Textual Amendments

M57The Public Health Act 1961E+W

Marginal Citations

X933E+WIn section 2 (3) after the word “district” there shall be inserted the words “the Common Council, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple”.

Editorial Information

X9The text of Sch. 11 Pt. I paras. 18(2), 27, 31, 33 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

34—36.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F224

Textual Amendments

37E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F225

Textual Amendments

38E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F226

Textual Amendments

39E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F227

Textual Amendments

40E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F228

Textual Amendments

41E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F229

Textual Amendments

Part II E+W Provisions Reproduced from Enactments Relating to Public Health in London

Modifications etc. (not altering text)

1(1)Without prejudice to sections 259 and 262 of the M58Public Health Act 1936, but subject to the following provisions of this paragraph, if a local authority consider that in any premises a pond, pool, ditch, gutter or place containing, or used for the collection of, any drainage, filth, stagnant water or other matter is likely to be prejudicial to health or a nuisance, they may by notice require the owner or occupier of the premises to drain, cleanse, cover or fill up the pond, pool, ditch, gutter or place, or to construct a proper drain for the discharge of the matter, or to execute such other works as the circumstances may require.E+W

(2)The local authority may contribute towards the expenses incurred by any person in complying with a notice under this paragraph.

(3)Where any works required by a notice under this paragraph interfere with any right to the use of water, the local authority may, with the agreement of the person in whom the right is vested, acquire from him the right and any land for the benefit of which the right enures, instead of compensating him under section 278 of the Public Health Act 1936.

(4)The provisions of Part XII of the Public Health Act 1936 with respect to appeals against, and the enforcement of, notices requiring the execution of works shall apply in relation to any notice given under this paragraph.

Marginal Citations

2, 3.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F230

Textual Amendments

[F2314E+WByelaws with respect to the construction and use of incinerators for the disposal of refuse in inner London boroughs and the City (being incinerators which are, or are in the nature of, buildings or structures or which form part of a building or structure) shall be made by the councils of those boroughs or the Common Council, as the case may be.

Textual Amendments

5E+WIt shall be the duty of each local authority to enforce in their district any byelaws under paragraphs 2 to 4 of this Part of this Schedule which are in force in their district.

Textual Amendments

6E+WThe council of any London borough and the Common Council may make byelaws with respect to the following operations, except when carried out by a local authority . . . F232 and except so far as byelaws with respect thereto may be made under section 72 or 82 of the M59Public Health Act 1936, that is to say—

(a)the removal of refuse from premises in the council’s area;

(b)the conveyance of refuse by rail, road or water from loading points in that area;

(c)the deposit of refuse in premises in that area pending its removal or disposal.

Textual Amendments

Marginal Citations

7E+WAny person who has in his possession or under his control any article of food which is unsound, unwholesome or unfit for human consumption may, by notice to the local authority, specifying and identifying the article, request its removal, and the local authority shall cause it to be removed as if it were trade refuse which they had undertaken to remove under section 73(1) of the Public Health Act 1936.

Textual Amendments

8E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F233

Textual Amendments

9(1)Where it appears to a local authority, being the council of a London borough or the Common Council, that any land within the area of the authority is by reason of its derelict, neglected or unsightly condition detrimental to the amenities of the neighbourhood, the authority may, after serving notice of their proposals on the owner and on the occupier of the land and subject to sub-paragraph (3) of this paragraph, execute such works and do such other things as the authority consider expedient for the purpose of restoring or improving and thereafter preserving the appearance of the land:E+W

Provided that the works and other things which may be required to be executed or done under this paragraph shall not include the erection or maintenance of any building or the doing of anything in or upon any building, but may include the erection or maintenance of a hoarding or fence.

(2)Any person served with a notice under the foregoing sub-paragraph may, if aggrieved by the proposal specified in the notice, appeal to a magistrates’ court within the period of twenty-eight days beginning with the date of the service of the notice.

(3)A local authority may proceed with the proposals specified in a notice under sub-paragraph (1) of this paragraph if but only if—

(a)none of the persons on whom the notice was served has, within the said period of twenty-eight days, taken steps to implement the proposals himself or instituted an appeal against the proposals to a magistrates’ court; or

(b)any such steps begun to be taken by any such person within that period are not completed within a reasonable time; or

(c)any appeal instituted within that period has been dismissed or abandoned or failed for want of prosecution.

(4)Any expenses incurred by the local authority in removing any materials from any land in exercise of the powers conferred on them by this paragraph and the cost of selling any materials so removed may be deducted by the authority from the proceeds which they are required by section 276 of the M60Public Health Act 1936 to pay to the person to whom the materials belonged.

(5)The foregoing provisions of this paragraph shall not be construed as prejudicing the powers exercisable by the Greater London Council under section 69 of the M61London Building Acts (Amendment) Act 1939, or by the council of an outer London borough under [F234section 79 of the Building Act 1984], or by the local planning authority under section 89 of the National Parks and Access to the M62Countryside Act 1949.

Textual Amendments

Marginal Citations

10E+WWithout prejudice to paragraph 24 of Part I of this Schedule, expressions used in this Part of this Schedule and the Public Health Act 1936 have the same meanings in this Part of this Schedule as in that Act.]

Textual Amendments

Section 52.

SCHEDULE 12E+W Licensing of Public Entertainments in Greater London on and after 1st April 1965

Modifications etc. (not altering text)

C33Sch. 12 extended by Greater London Council (General Powers) Act 1978 (c. xiii), s. 3

Sch. 12 modified (20.9.2000) by 2000 c. vii, ss. 1(1), 22, Sch. 1

Sch. 12: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Music and dancing licencesE+W

1(1)Subject to sub-paragraph (6) of this paragraph no [F235premises in a London borough or the City of London], whether or not licensed for the sale of intoxicating liquor, shall be used for any of the following purposes, that is to say, public dancing or music and any other public entertainment of the like kind, except under and in accordance with the terms of a licence granted under this paragraph by [F235the council of that borough or the Common Council, as the case may be, and that council or the Common Council is in this Schedule referred to as “the Council”].

(2)The Council may grant to any applicant therefor and from time to time renew a licence for the use of any premises specified therein for all or any of the purposes aforesaid on such terms and conditions and subject to such restrictions as may be so specified.

(3)Subject to the next following sub-paragraph and to paragraph 19(3) of this Schedule, a licence granted under this paragraph shall, unless previously cancelled under paragraph 8 or revoked under paragraph 10(4) of this Schedule, remain in force for one year or for such shorter period specified in the licence as the Council may think fit.

(4)The Council may grant a licence under this paragraph in respect of such one or more particular occasions only as may be specified in the licence, and a licence granted by virtue of this sub-paragraph is hereafter in this Schedule referred to as an “occasional music licence”.

(5)Where a licence has been granted under this paragraph to any person, the Council may, if they think fit, transfer that licence to any other person on the application of that other person or the holder of the licence.

(6)Sub-paragraph (1) of this paragraph shall not apply to the Theatre Royal Drury Lane, the Royal Covent Garden Opera House, the Theatre Royal Haymarket . . . F236 or to any entertainment lawfully held by virtue of letters patent or licence of the Crown . . . F237

[F238(7)In this paragraph “premises” includes any place.]

Textual Amendments

2(1)An applicant for the grant or transfer of a licence under paragraph 1 of this Schedule in respect of any premises shall give to the Council . . . F239 to the commissioner of police in whose district the premises are situated [F240and to the London Fire and Civil Defence Authority (in this Schedule referred to as “the fire authority”)] not less than twenty-one days’ notice of his intention to make the application and furnish such particulars and give such other notices as the Council may by regulations prescribe.

(2)An applicant for the renewal of a licence under the said paragraph 1 shall give to the Council [F241and the fire authority] twenty-eight days’ notice of his intention to make the application.

(3)In relation to an application for the grant, renewal or transfer of an occasional music licence, the two foregoing sub-paragraphs shall have effect as if for the reference to twenty-one or, as the case may be, twenty-eight days’ notice there were substituted a reference to fourteen days’ notice and as if the requirement as to notice to the commissioner of police were omitted.

Textual Amendments

Valid from 01/05/1998

[F2422A(1)This paragraph applies where the Council by whom a licence was granted under paragraph 1 of this Schedule in respect of any premises receive a report from the commissioner of police in whose district the premises are situated—E+W

(a)stating that there is a serious problem relating to the supply or use of controlled drugs at the premises or at any premises nearby which are controlled by the holder of the licence; and

(b)giving reasons for his view that there is such a problem.

(2)An application for the renewal or transfer of the licence may be refused by the Council on the ground that they are satisfied that not renewing or transferring it will significantly assist in dealing with the problem.

(3)The Council shall give the reasons for their refusal of the application to—

(a)the holder of the licence; and

(b)in the case of an application for the transfer of the licence, the person to whom the licence would have been transferred if the application had been granted.

(4)A person to whom reasons are given may make representations to the Council; and the Council shall consider any representations within the period of twenty-one days beginning with the day on which they receive them.

(5)After considering any representations, the Council shall (unless the date of expiry of the licence has passed) either—

(a)confirm the refusal of the application; or

(b)grant the application.

(6)The Council shall have regard in exercising their functions under this paragraph to such guidance as may be issued by the Secretary of State.

(7)In this paragraph “premises” includes any place.]

Textual Amendments

3E+WThe person making an application for the grant, renewal or transfer of a licence under paragraph 1 of this Schedule shall (except where the licence is for an entertainment which in the opinion of the Council is of an educational or other like character or is given for a charitable or other like purpose) on making the application pay to the Council such fee as the Council may fix . . . F243

Textual Amendments

Indoor sports licencesE+W

[F2443A(1)Subject to sub-paragraphs (2) and (3) below, no premises in a London borough or the City of London shall be used for any entertainment which consists of any sporting event to which the public are invited as spectators (a “sports entertainment”) except under and in accordance with the terms of a licence granted under this paragraph by the Council.

(2)Sub-paragraph (1) above does not require a licence in respect of any occasion when the sporting event which constitutes the entertainment is not the principal purpose for which the premises are used on that occasion; but this provision does not apply in relation to a sports complex.

(3)Sub-paragraph (1) above does not apply to a sports entertainment held in a pleasure fair.

(4)The Council may grant to any applicant, and from time to time renew, a licence for the use of any premises specified in it for any sports entertainment on such terms and conditions and subject to such restrictions as may be so specified.

(5)Subject to the next following sub-paragraph and to paragraph 19(3) of this Schedule, a licence granted under this paragraph shall, unless previously cancelled under paragraph 8 or revoked under paragraph 10(4) of this Schedule, remain in force for one year or for such shorter period specified in the licence as the Council think fit.

(6)The Council may grant a licence under this paragraph in respect of such one or more particular occasions only as may be specified in the licence, and a licence granted by virtue of this sub-paragraph is hereafter in this Schedule referred to as an “occasional sports licence”.

(7)Where a licence has been granted under this paragraph to any person the Council may if they think fit transfer that licence to any other person on the application of that other person or the holder of the licence.

(8)In this paragraph—

(a)which provides accommodation and facilities for both those engaging in sport and spectators, and

(b)the parts of which are so arranged that one or more sports can be engaged in simultaneously in different parts of the building; and

“sport” includes any game in which physical skill is the predominant factor and any form of physical recreation which is also engaged in for purposes of competition or display, except dancing (in any form).]

Textual Amendments

[F2453B(1)An applicant for the grant, renewal or transfer of a licence under paragraph 3A of this Schedule other than an occasional sports licence shall give to the Council, to the commissioner of police in whose district the premises to which the application relates are situated and to the fire authority not less than twenty-one days’ notice of his intention to make the application.

(2)An applicant for the grant, renewal or transfer of an occasional sports licence shall give to the Council and the fire authority not less than fourteen days’ notice of his intention to make the application.]

Textual Amendments

[F2463CE+WThe person making an application for the grant, renewal or transfer of a licence under paragraph 3A of this Schedule shall on making the application pay to the Council such fee as the Council may fix.]

Textual Amendments

Boxing and wrestling licencesE+W

4(1)This paragraph shall apply to any boxing or wrestling entertainment (that is to say, any public contest, exhibition or display of boxing or, as the case may be, wrestling) which is provided [F247wholly or mainly in the open air] in Greater London other than such an entertainment provided—E+W

(a)by a travelling showman at a pleasure fair;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F248

(c)by members of the Boy Scouts’ Association or of any organisation constituted by the Boy Scouts’ Association in pursuance of their charter;

(d)by any school; or

(e)by a bona fide association, club, hospital or society not carried on for profit.

(2)A boxing or wrestling entertainment to which this paragraph applies shall not be given elsewhere than at premises licensed for the purpose in accordance with the provisions of this paragraph and in accordance with the terms of that licence.

(3)The Council may grant to any applicant therefor and from time to time renew a licence to use any premises specified therein for the purpose of a boxing or wrestling entertainment on such terms and conditions and subject to such restrictions as may be so specified.

(4)Subject to the next following sub-paragraph and to paragraph 19 (3) of this Schedule, a licence granted under this paragraph shall, unless previously cancelled under paragraph 8 or revoked under paragraph 10 (4) of this Schedule, remain in force for one year or for such shorter period specified in the licence as the Council may think fit.

(5)The Council may grant a licence under this paragraph in respect of such one or more particular occasions only as may be specified in the licence, and a licence granted by virtue of this sub-paragraph is hereafter in this Schedule referred to as an [F249“occasional outdoor boxing or wrestling licence”].

(6)Where a licence has been granted under this paragraph to any person, the Council may if they think fit transfer that licence to any other person on the application of that other person or the holder of the licence.

[F250(7)In this paragraph “premises” includes any place.]

Textual Amendments

5(1)An applicant for the grant, renewal or transfer of a licence under paragraph 4 of this Schedule other than an [F251occasional outdoor boxing or wrestling licence] shall give to the Council . . . F252 to the commissioner of police in whose district the premises to which the application relates are situated [F253and to the fire authority] not less than twenty-one days’ notice of his intention to make the application.

(2)An applicant for the grant, renewal or transfer of an [F251occasional outdoor boxing or wrestling licence] shall give to the Council [F254and the fire authority] not less than fourteen days’ notice of his intention to make the application.

Textual Amendments

6E+WThe person making an application for the grant, renewal or transfer of a licence under paragraph 4 of this Schedule shall on making the application pay to the Council such fee as the Council may fix . . . F255

Textual Amendments

[F2566AE+WWhere, before the date of expiry of a licence granted under paragraph 1 [F257, 3A]] or 4 of this Schedule, an application has been made for the renewal of that licence, the licence shall be deemed to remain in force notwithstanding that the date of expiry of the licence has passed, until the determination of the application by the Council or until the withdrawal of the application.

Textual Amendments

[F2586BE+WWhere, before the date of expiry of a licence granted under paragraph 1 [F259, 3A]] or 4 of this Schedule, an application has been made for the transfer of that licence, the licence shall be deemed to remain in force (with any necessary modifications) notwithstanding that the date of expiry of the licence has passed or that the applicant for such transfer is carrying on at the premises in respect of which the licence was granted the functions to which the licence relates, until the determination of the application by the Council or the withdrawal of the application.

Textual Amendments

Transmission and cancellation of licencesE+W

7E+WIn the event of the death of the holder of a licence granted under paragraph 1 [F260, 3A] or 4 of this Schedule, then, until a legal personal representative of the deceased holder has been duly constituted, the person carrying on at the premises in respect of which the licence was granted the functions to which the licence relates shall be deemed to be the holder of the licence unless and until it is transferred to some other person.

Textual Amendments

8E+WThe Council upon receiving from the holder of a licence under paragraph 1 [F261, 3A] or 4 of this Schedule which is for the time being in force a written request in that behalf accompanied by the licence may cancel the licence.

Textual Amendments

Power to impose general terms, conditions and restrictions by regulationsE+W

9(1)Subject to the provisions of this Schedule, the Council may make regulations prescribing generally the terms, conditions and restrictions on and subject to which licences under paragraph 1 [F262, 3A] or 4 of this Schedule may be granted, renewed or transferred and, where any such regulations are made, then, without prejudice to the power of the Council to grant a licence on any special terms or conditions or subject to any special restrictions, every such licence shall be deemed to be granted subject to the regulations.E+W

(2)Prima facie evidence of any regulations under this paragraph may be given in any legal proceedings by the production of a copy purporting to be certified as a true copy by the clerk to the Council or some other officer of the Council authorised to give a certificate for the purposes of this paragraph, and no proof shall be required of the handwriting or official position or authority of any person giving such a certificate.

Textual Amendments

Modifications etc. (not altering text)

C34Sch. 12 para. 9: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Enforcement of paragraphs 1 to 9E+W

Valid from 01/05/1998

[F2639A(1)This paragraph applies where the Council by whom a licence was granted under paragraph 1 of this Schedule in respect of any premises receive a report from the commissioner of police in whose district the premises are situated—E+W

(a)stating that there is a serious problem relating to the supply or use of controlled drugs at the premises or at any premises nearby which are controlled by the holder of the licence; and

(b)giving reasons for his view that there is such a problem.

(2)The Council may—

(a)revoke the licence; or

(b)impose terms, conditions or restrictions on or subject to which it is to be held,

on the ground that they are satisfied that to do so will significantly assist in dealing with the problem.

(3)The Council shall give the reasons for their revocation of the licence, or the imposition of the terms, conditions or restrictions, to the holder of the licence who may make representations to the Council; and the Council shall consider any representations within the period of twenty-one days beginning with the day on which they receive them.

(4)After considering any representations, the Council shall (unless the date of expiry of the licence has passed) either—

(a)confirm that the licence remains revoked or continues to have effect on or subject to the terms, conditions or restrictions which have been imposed; or

(b)reinstate the licence or determine that it has effect free of those terms, conditions or restrictions.

(5)The Council shall have regard in exercising their functions under this paragraph to such guidance as may be issued by the Secretary of State.

(6)In this paragraph “premises” includes any place.]

Textual Amendments

10(1)If at any premises any entertainment in respect of which a licence is required under paragraph 1 [F264, 3A] or 4 of this Schedule is provided without such a licence being held in respect thereof, then—

(a)any person concerned in the organisation or management of that entertainment; and

(b)any other person who, knowing or having reasonable cause to suspect that such an entertainment would be so provided at those premises—

(i)allowed the premises to be used for the provision of that entertainment; or

(ii)let the premises, or otherwise made the premises available, to any person by whom an offence in connection with the entertainment has been committed,

shall be guilty of an offence.

[F265(2)Subject to paragraph 11 of this Schedule, if—

(a)any person is the holder of a licence granted under the said paragraph 1 [F266, 3A] or 4, under section 21 (Licensing of public exhibitions, etc.) of the Greater London Council (General Powers) Act 1966 or under section 5 (Licensing of entertainments booking offices) of the Greater London Council (General Powers) Act 1978 in respect of any premises which have been used in contravention of any term, condition or restriction on or subject to which the licence is held; or

(b)any other person who, knowing or having reasonable cause to suspect that the premises would be so used—

(i)allowed the premises to be so used; or

(ii)let the premises, or otherwise made the premises available, to any person who so used the premises;

he shall be guilty of an offence in respect of the contravention of each such term, condition or restriction.]

[F267(3)Any person guilty of an offence under sub-paragraph (1) or (2) of this paragraph shall be liable on summary conviction

(a)in the case of an offence to which sub-paragraph (3A) of this paragraph applies, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding six months or to both;

(b)in any other case, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

(3A)This sub-paragraph applies to

(a)any offence under sub-paragraph (1) of this paragraph where the entertainment provided is entertainment in respect of which a licence is required under paragraph 1 of this Schedule; and

(b)any offence under sub-paragraph (2) of this paragraph where the licence held is a licence granted under that paragraph and the term, condition or restriction which is contravened imposes a limit on the number of persons who may be present at the entertainment,

but excluding (in each case) any offence which would not be an offence if section 3 of the M63Greater London Council (General Powers) Act 1978 (premises used for public entertainment consisting wholly or partly of human posing deemed to be premises used for public dancing) had not been enacted.]

(4)If the holder of a licence under the said paragraph 1 [F268, 3A] or 4 is convicted by virtue of sub-paragraph (2) (a) of this paragraph, then, subject to paragraph 19 of this Schedule, the Council may revoke the licence.

[F269(5)Where an offence under sub-paragraph (1) or (2) of this paragraph committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(6)Where the affairs of a body corporate are managed by its members, sub-paragraph (5) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.]

Textual Amendments

Marginal Citations

11E+WWhere, in the case of any premises in respect of which a licence under paragraph 1 of this Schedule is for the time being in force, a special order of exemption on any special occasion has been granted in respect of those premises under section 107 of the M64Licensing Act 1953, no person shall be guilty of an offence under paragraph 10 (2) of this Schedule by reason only of those premises being kept open on that special occasion for any of the purposes authorised by the licence after the latest hour so authorised by not later than the hour specified in that special order as the hour for closing.

Marginal Citations

Valid from 21/12/2002

[F27011A(1)Sub-paragraph (2) below applies where—E+W

(a)a licence under paragraph 1 of this Schedule is for the time being in force in respect of any premises, and

(b)the Special Occasions licensing hours are (subject to any Special Occasions restriction order) added to the permitted hours in the premises.

(2)No person shall be guilty of an offence under paragraph 10(2) of this Schedule by reason only of the premises being kept open on New Year’s Eve for any of the purposes authorised by the licence after the latest hour so authorised.

(3)For the purposes of paragraph (2) above, “New Year’s Eve”—

(a)does not include any time specified in a Special Occasions restriction order as not to be added to the permitted hours, but

(b)otherwise, includes any period immediately following New Year’s Eve during which the Special Occasions licensing hours continue.

(4)Where, by virtue of a Special Occasions restriction order, the permitted hours together with any of the Special Occasions licensing hours to be added to them end at different times in different parts of the premises, each part shall be treated as separate premises for the purposes of this paragraph.

(5)In this paragraph expressions used in the Regulatory Reform (Special Occasions Licensing) Order 2001 shall have the same meaning as in that Order.]

Textual Amendments

12(1)A police constable or any person appointed for the purpose by the Council [F271or the fire authority] may at all reasonable times enter any premises in respect of which a licence under paragraph 1 [F272, 3A] or 4 of this Schedule is for the time being in force at which he has reason to believe that an entertainment to which [F273any] of those paragraphs applies is being or is about to be given with a view to seeing whether the provisions of this Schedule applicable to that entertainment and the terms, conditions or restrictions on or subject to which the licence is held are complied with.E+W

(2)A police constable or any person appointed as aforesaid may, if authorised in that behalf by a warrant granted by a justice of the peace, enter any premises in respect of which he has reason to suspect that an offence under this Schedule is being committed.

(3)Any person who refuses to permit any such constable or person to enter or inspect any premises in accordance with the provisions of this paragraph shall for every such refusal be liable on summary conviction to a fine not exceeding [F274level 3 on the standard scale].

Textual Amendments

[F27512AE+WThe provisions of paragraphs 12B and 12C of this Schedule shall have effect in Greater London other than in the outer London boroughs.]

Textual Amendments

[F27612B(1)Subject to sub-paragraph (2) of this paragraph, the court by or before which a person is convicted of an offence under sub-paragraph (1) or (2) of paragraph 10 of this Schedule may order any thing produced to the court, and shown to the satisfaction of the court to relate to the offence, to be forfeited and dealt with in such manner as the court may order.E+W

(2)The court shall not order any thing to be forfeited under the foregoing sub-paragraph where a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.]

Textual Amendments

[F27712CE+WA constable or any person appointed for the purpose by the Council who enters any premises under the authority of a warrant granted under sub-paragraph (2) of paragraph 12 of this Schedule may seize and remove any apparatus or equipment or other thing whatsoever found on the premises which he has reasonable cause to believe may be liable to be forfeited under paragraph 12B of this Schedule.]

Textual Amendments

13—16.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F278

Textual Amendments

Provisional grant of licencesE+W

17(1)Where application is made to the Council for the grant of a licence under . . . F279, . . . F280 paragraph 1 [F281, 3A] or 4 of this Schedule in respect of premises which are to be, or are in the course of being, constructed, extended or altered and the Council are satisfied that the premises would, if completed in accordance with plans deposited in accordance with the requirements of the Council, be such that the Council would grant the licence, the Council may grant the licence subject to a condition that it shall be of no effect until confirmed by the Council.E+W

(2)The Council shall confirm any licence granted by virtue of the foregoing sub-paragraph if and when they are satisfied that the premises have been completed in accordance with the plans aforesaid, or in accordance with those plans as modified with the approval of the Council, and that the licence is held by a fit and proper person.

Textual Amendments

Variation of licencesE+W

18E+WThe holder of a licence in respect of any premises—

(a)granted under paragraph 1 [F282, 3A] or 4 of this Schedule or,

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F283

Textual Amendments

[F28418AE+WThe person making an application for the variation of a licence under paragraph 18 of this Schedule shall on making the application pay to the Council such reasonable fee as the Council may fix.]

Textual Amendments

AppealsE+W

19(1)Any of the following persons, that is to say—

(a)an applicant for—

(i)the grant, renewal or transfer of a licence in respect of any premises under paragraph 1 [F285, 3A] or 4 of this Schedule; or

(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F286

(iii)the variation of the terms, conditions or restrictions on or subject to which any such licence as aforesaid is held,

whose application is refused;

(b)the holder of any such licence as aforesaid whose licence is revoked by the Council or who is aggrieved by any term, condition or restriction on or subject to which the licence is held,

may at any time before the expiration of the period of twenty-one days beginning with the date when he is notified of the refusal of his application or revocation of his licence, or when the term, condition or restriction becomes operative with respect to his licence, as the case may be, appeal to a magistrates’ court acting for the petty sessions area in which the premises are situated; and the court may make such order as it thinks fit and, subject to the next following sub-paragraph, that order shall be binding on the Council.

(2)Any person aggrieved by the order of a magistrates’ court on an appeal under the foregoing sub-paragraph may appeal therefrom to a court of quarter sessions.

(3)Where any such licence as aforesaid is revoked under paragraph 10 (4) or 16 (2) of this Schedule or an application for the renewal of a licence under the said paragraph 1 [F285, 3A] or 4 is refused, the licence shall be deemed to remain in force—

(a)during any period within which an appeal under this paragraph may be brought and, if such an appeal is brought within the relevant period, until the determination or abandonment of the appeal; and

(b)where such an appeal relating to such a refusal as aforesaid is successful and no further such appeal is available, until the licence is renewed by the Council.

(4)In the case of an appeal in relation to an application of which, in accordance with paragraph 2 (1) [F287, 3B(1)] or 5 (1) of this Schedule, notice was required to be given to a commissioner of police, notice of that appeal shall be given to that commissioner as well as to any other person to whom it is required to be given apart from this sub-paragraph.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F288

Textual Amendments

Modifications etc. (not altering text)

C35Sch. 12 para. 19(2) amended with the substitution of a reference to the Crown Court for the reference to a court of quarter sessions by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I

Valid from 01/05/1998

[F289Interpretation]E+W

Textual Amendments

F289Cross-heading for Sch. 12 para. 19A inserted (1.5.1998) by 1997 c. 49, s. 2(7); S.I. 1998/1009, art. 2 (with art. 3)

[F29019AE+WIn this Schedule “controlled drugs” has the same meaning as in the M65Misuse of Drugs Act 1971.]

Textual Amendments

Marginal Citations

Valid from 01/05/1998

E+W

20E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F291

Textual Amendments

SCHEDULE 13E+W

PART I E+W

1E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F292

Textual Amendments

Part II E+W

2—5.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F293

Textual Amendments

Part III E+W

6E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F294

Textual Amendments

Section 62.

SCHEDULE 14E+W Functions as from 1st April 1965 with respect to Land Drainage, Flood Prevention, etc.

1—9.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F295

Textual Amendments

F29610E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

11—16.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F297

Textual Amendments

Sections 44 and 63.

SCHEDULE 15E+W Modifications as from 1st April 1965 of Rating and Valuation Enactments

Part I E+W The M66Rating and Valuation Act 1925

Marginal Citations

1—4.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F298

Textual Amendments

5(1)Section 9 (1) shall not apply to Greater London.E+W

(2)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F299

Textual Amendments

6E+WSection 10 (1) and (2) shall not apply to the City or the Temples.

7—9.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F300

Textual Amendments

10E+WSection 54 (1) shall not apply to the City or the Temples, but—

(a)the accounts of the Common Council so far as they relate to the poor rate levied in the City; and

(b)the accounts of the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple so far as they relate to any rate in the nature of a general rate levied in the Inner Temple or the Middle Temple, as the case may be,

shall be subject to audit by a district auditor under Part X of the M67Local Government Act 1933.

Marginal Citations

11—13.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F301

Textual Amendments

Part II E+W

14, 15.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F302

Textual Amendments

F302Sch. 15 Pt. II and Pt. III paras. 16, 17 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

Part III E+W

16, 17.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F303

Textual Amendments

F303Sch. 15 Pt. II and Pt. III paras. 16, 17 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

X1018E+WIn section, 117 (8) of the Local Government Act 1929, for the words from “county borough” onwards there shall be substituted the words “rating area in which that parish or other area is situated, to be credited to that parish or other area”.

Editorial Information

X10The text of Sch. 15 Pt. III paras. 18, 21 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

19, 20.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F304

Textual Amendments

X1121E+WIn section 144(1) of the said Act of 1948, in the definition of “local authority”, for the words “metropolitan borough” there shall be substituted the words “London borough”.

Editorial Information

X11The text of Sch. 15 Pt. III paras. 18, 21 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

22—26.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F305

Textual Amendments

SCHEDULE 16E+W . . . F306

Textual Amendments

SCHEDULE 17E+W Miscellaneous Modifications of Enactments as from 1st April 1965

X121In the Highways and Locomotives (Amendment) Act 1878, in section 26, for the words from the beginning to “and” where first occurring there shall be substituted the words “The council of a county or county borough may, with respect to all or any of the highways in their county or borough, and the Greater London Council, the council of a London borough or the Common Council of the City of London may, with respect to all or any of the high-ways for which they are the highway authority, make and”.

Editorial Information

X12The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

2E+WThe M68Local Government Act 1888 shall have effect subject to the following modifications, that is to say—

(a)section 20(3) shall apply—

(i)to the Greater London Council and Greater London; and

(ii)to the council of a London borough and their borough; and

(iii)to the Common Council and [F307the City and the Temples],

as it applies to a county council and their county; and any sums received by the Greater London Council by virtue of an Order under section 20 (3) by way of the proceeds of local taxation licence duties shall be applicable to general London purposes;

(b)any powers, duties or liabilities within the City which immediately before 1st April 1965 were by virtue of section 41 (1)(b) powers, duties or liabilities of the London county council shall become powers, duties or liabilities of the Common Council.

Textual Amendments

F307Words substituted by S.I. 1971/1732

Marginal Citations

3E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F308

Textual Amendments

X134E+WIn the Canals Protection (London) Act 1898, in section 7, for the words “the administrative county of London” there shall be substituted the words “Greater London”.

Editorial Information

X13The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

5E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F309

Textual Amendments

X146E+WIn the Local Government Act 1929, in section 115 (7)—

(a)for the words “the county of London” there shall be substituted the words “Greater London”;

(b)for the words “metropolitan borough” in both places where “they” occur there shall be substituted the words “London borough”.

Editorial Information

X14The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

7E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F310

Textual Amendments

8E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F311

Textual Amendments

X159E+WIn the Civic Restaurants Act 1947—

(a)for section I (1) (a) there shall be substituted—

“(a)in Greater London, the council of a London borough or the Common Council of the City of London;”

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F312

Editorial Information

X15The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

X1610E+WIn section I (1) of the Prevention of Damage by Pests Act 1949—

(a)for the words “metropolitan boroughs” there shall be substituted the words “London boroughs”;

(b)in paragraph (b) of the proviso, after the word “county” there shall be inserted the words “or in the Greater London Council”.

Editorial Information

X16The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X1711In the Rag Flock and Other Filling Materials Act 1951, in section 35, for the definition of “local authority” there shall be substituted the following— “ “local authority” means the council of a borough or of an urban or rural district or the Common Council of the City of London ”.

Editorial Information

X17The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

12E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F313

Textual Amendments

13E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F314

Textual Amendments

14E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F315

Textual Amendments

X1815In the Auxiliary Forces Act 1953, in paragraph 1 (f) of Schedule 1—

(a)sub-paragraph (i) from “including” onwards and sub-paragraph (ii) from “or, if” onwards shall be omitted;

(b)after sub-paragraph (v) there shall be inserted—

“(vi)if that area consists of or comprises the whole or any part of Greater London, a London borough or the City of London, of representatives of the Greater London Council and of the council of that borough or the Common Council, as the case may be, and, if that area consists of or comprises the whole or any part of the Inner London Education Area, of a representative of the Inner London Education Authonty in addition to representatives of the Greater London Council.”

Editorial Information

X18The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

16E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F316

Textual Amendments

17E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F317

Textual Amendments

18(a),(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F318E+W

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F319

Textual Amendments

19E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F320

Textual Amendments

20E+WIn the M69Town and Country Planning Act 1959—

(a)the Greater London Council and the London borough councils shall be included among the authorities to whom Part II of that Act applies;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F321

Textual Amendments

Marginal Citations

21(1)In the M70Caravan Sites and Control of Development Act 1960—

(a)Part I shall extend to the whole of Greater London;

X19(b)in section 29 (1), in the definition of “local authority”, after the word “district” there shall be inserted the words “the Common Council of the City of London”.

(2)Subject to sub-paragraphs (3) and (4) of this paragraph, where in the case of any land in the area of the existing county of London a licence granted with or without conditions under section 22 of the M71London County Council (General Powers) Act 1959 was in force in relation to that land immediately before 1st April 1965, then—

(a)until the expiration of the period of two months beginning with the date when that licence would have expired if this Act had not been passed, and

(b)if by the expiration of that period the occupier of that land has duly made an application for a site licence in respect of that land under the said Part I, but that site licence has not yet been issued, until the date when such a site licence is first issued in respect of that land,

the licence under the said section 22 shall be deemed to be a site licence under the said Part I granted for an unlimited period, but subject to the same conditions (if any) as the licence under the said section 22, by the council of the London borough in which that land is situated.

(3)Where in the case of any such land as aforesaid no occupier thereof at any time since the grant of the licence under the said section 22 has been entitled to the benefit of a permission for the use of the land as a caravan site granted under Part III of the M72Town and Country Planning Act of 1947 M73 or of 1962 otherwise than by a development order, paragraph (b) of the last foregoing sub-paragraph shall not apply to that land but—

(a)if before the expiration of the period referred to in paragraph (a) of that sub-paragraph the occupier of the land duly makes an application for a site licence in respect of that land under the said Part I, then, so long as the conditions, if any, attached to the licence under the said section 22 are complied with, no offence shall be committed under section 1 of the said Act of 1960 in respect of the land at any time after the expiration of that period and before such a licence is first issued in respect of the land; and

(b)section 17 of the said Act of 1960 shall apply to that land as if the land were an existing site within the meaning of that Act and as if any reference in that section to the commencement of that Act were a reference to the date referred to in the said paragraph (a).

(4)Where in the case of any such land as aforesaid such permission as aforesaid for the use of that land as a caravan site has been granted in terms such that it will expire at the end of a specified period, nothing in sub-paragraph (2) of this paragraph shall cause any licence in respect of that land under the said section 22 to continue in force after the end of that period.

(5)In this paragraph, the expressions “caravan site” and “occupier” have the meanings respectively assigned by section 1 of the said Act of 1960.

Editorial Information

X19The text of Sch. 17 paras. 21(b), 22, 25, 27(b) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

X2022In the Factories Act 1961—

(a)in section 42(4), for the words “outside London” there shall be substituted the words “outside Greater London or in any outer London borough”;

(b)in section 46(7), for the words “the Administrative County of London” there shall be substituted the words “Greater London other than the outer London boroughs” and for the words “London County Council” there shall be sub-stituted the words “Greater London Council”.

Editorial Information

X20The text of Sch. 17 paras. 21(b), 22, 25, 27(b) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

23E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F322

Textual Amendments

24E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F323

Textual Amendments

X2125E+WIn the Trustee Investments Act 1961—,

(a)in section 11(4)(a), after the word “London” there shall be inserted the words “the Greater London Council” ; and

(b)in paragraph 4 of Part IV of Schedule 1, in the definition of “local authority”, after the word “London” there shall be inserted the words “the Greater London Council”.

Editorial Information

X21The text of Sch. 17 paras. 21(b), 22, 25, 27(b) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

26In the M74Transport Act 1962—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F324

(b)in section 87, any reference to the administrative county of London shall be construed as a reference to Greater London other than the outer London boroughs, and in subsection (1) thereof, except in relation to proposals submitted thereunder to the Minister before 1st April 1965, the reference to the London county council shall be construed as a reference to the Greater London Council;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F324

Textual Amendments

Marginal Citations

27E+WIn the Local Government (Records) Act 1962—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F325

X22(b)in section 8 (1), in the definition of “local authority”, for the words “metropolitan borough” there shall be substituted the words “London borough” and after the words “county district” there shall be inserted the words “or the Greater London Council”.

Editorial Information

X22The text of Sch. 17 paras. 21(b), 22, 25, 27(b) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

28E+WIn the Betting, Gaming and Lotteries Act 1963—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F326

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F327

(c)in paragraph 2 of Schedule 1, paragraphs . . . F328 6 of Schedule 3, paragraph 9(a) of Schedule 6, and paragraph 1 (2) (a) of Schedule 7, for the words “metropolitan borough” wherever these words occur there shall be substituted the words “London Borough”.

Textual Amendments

29E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F329

Textual Amendments

SCHEDULE 18E+W . . . F330

Textual Amendments