London Government Act 1963

Part I E+W+S Local Government in and around Greater London

Modifications etc. (not altering text)

C1 Pt. 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 . . . F1 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 M1 Local 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(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 M2 Municipal Corporations Act 1882 shall apply to every London borough . . . F1 , the expression “borough” when used in relation to local government in any enactment whether passed before or after this Act . . . F3 shall except where the context otherwise requires (and except in particular in the expressions “county borough” and “non-county borough”) include a London borough; . . . F3

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F1 Words repealed by Interpretation Act 1978 (c. 30, SIF 115:1), s. 25(1), Sch. 3

F2 Ss. 1(4)(7), 2(2)(3), 3, 6 repealed by Local Government Act 1972 (c. 70), Sch. 30

F3 Words repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII

Modifications etc. (not altering text)

C2 Pt. I (ss. 1-4) applied (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 4(5)

Marginal Citations

M1 1933 c. 51.

M2 1882 c. 50.

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F4 Ss. 1(4)(7), 2(2)(3), 3, 6 repealed by Local Government Act 1972 (c. 70), Sch. 30

F5 S. 2(4) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Modifications etc. (not altering text)

C3 Pt. I (ss. 1-4) applied (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 4(5)

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W

Textual Amendments

F6 Ss. 1(4)(7), 2(2)(3), 3, 6 repealed by Local Government Act 1972 (c. 70), Sch. 30

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 . . . F7 , 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 M3 Local Government Act of 1888, M4 1929, M5 1933 or M6 1958; 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

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

(e) the M7 Town 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

F7 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F8 S. 4(7)(c) repealed by Parliamentary Constituencies Act 1986 (c. 56, SIF 89), ss. 8, 9(2), Sch. 4

Modifications etc. (not altering text)

C4 Pt. I (ss. 1-4) applied (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 4(5)

Marginal Citations

M3 1888 c. 41.

M4 1929 c. 17.

M5 1933 c. 51.

M6 1958 c. 55.

M7 1962 c. 38.

5 Delegation of functions in Greater London. E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(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 [F10 the following authorities], that is to say, . . . F11 the London borough councils [F10 , the Common Council, . . . F12 [F13 , 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 [F10 those authorities] and any other local authority within the meaning of the M8 Local 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

F9 S. 5(1) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F10 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 40(a)

F11 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F12 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F13 Words 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)

C5 S. 5 saved by Local Government Act 1972 (c. 70), ss. 101(14), 112(6), 201(5)

C6 S. 5(3) restricted by Local Government Act 1985 (c. 51, SIF 81:1), s. 91, Sch. 15 para. 1

C7 S. 5(3) extended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 16

Marginal Citations

M8 1933 c.51.

6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 E+W

Textual Amendments

F14 Ss. 1(4)(7), 2(2)(3), 3, 6 repealed by Local Government Act 1972 (c. 70), Sch. 30

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 E+W

Textual Amendments

F15 S. 7 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

8

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Textual Amendments

F16 S. 8(1) repealed by Parliamentary Constituencies Act 1986 (c. 56, SIF 89), ss. 8, 9(2), Sch. 4

F17 S. 8(2) repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII

Part II E+W Road 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

(4),(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

(6) The London Traffic Area and the London and Home Counties Traffic Advisory Committee shall cease to exist; and any reference in the M9 Road Traffic Act 1960, . . . F20 . . . F21 —

(a) to the London Traffic Area; or

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22 , to an area comprising the metropolitan police district and the City of London,

shall be construed as a reference to Greater London.

Textual Amendments

F18 S. 9(1)(2)(4)(5) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F19 Ss. 9(3), 10–13, 14(5) repealed by Road Traffic Regulation Act 1967 (c. 76), s. 110(2), Sch. 7 Pt. I, Sch. 8

F20 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. X

F21 Words repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

F22 Words repealed by Transport Act 1980 (c. 34, SIF 107:1), s. 69, Sch. 9 Pt. I

Marginal Citations

M9 1960 c. 16.

10—13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23 E+W

Textual Amendments

F23 Ss. 9(3), 10–13, 14(5) repealed by Road Traffic Regulation Act 1967 (c. 76), s. 110(2), Sch. 7 Pt. I, Sch. 8

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

(1)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

(6) In the M10 Road Traffic Act 1960 —

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

Textual Amendments

F24 S. 14(1)–(4) repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25

F25 Ss. 9(3), 10–13, 14(5) repealed by Road Traffic Regulation Act 1967 (c. 76), s. 110(2), Sch. 7 Pt. I, Sch. 8

F26 S. 14(6)(a) repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

F27 S. 14(6)(b) repealed by Road Traffic Regulation Act 1967 (c. 76), s. 110(2), Sch. 7 Pt. I, Sch. 8

F28 S. 14(6)(c)(e) repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

F29 S. 14(6)(d) repealed by Transport Act 1980 (c. 34, SIF 107:1), s. 69, Sch. 9 Pt. I

Modifications etc. (not altering text)

C8 Functions 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

M10 1960 c. 16.

15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30 E+W

Textual Amendments

F30 S. 15 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. X

16—18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31 E+W

Textual Amendments

F31 Ss. 16–18 repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25

F32 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F32 S. 19 repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59), s. 168(2), Sch.9; S.I. 1992/2984, art. 2(2), Sch.2

20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33 E+W

Textual Amendments

F33 S. 20 repealed by Vehicle and Driving Licences Act 1969 (c. 27), Sch. 3

Part III E+W Housing and Planning

Housing E+W

21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34 E+W

Textual Amendments

F34 S. 21 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 6, Sch. 1

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35 E+W

Textual Amendments

F35 S. 22 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

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

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

(b) from . . . F37 the council of a London borough to the local authority . . . F37 for the purposes of the M11 Housing Act 1957 or to a housing association of any housing accommodation for the time being vested in that council, being, . . . F37 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.

[F38 (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

Textual Amendments

F36 S. 23(1)(3)(a) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F37 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F38 S. 23(4) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 16, Sch. 8 para. 12(2)

F39 S. 23(6) repealed by Housing Finance Act 1972 (c. 47), s. 108(4), Sch. 11 Pt. I

Marginal Citations

M11 1957 c. 56.

24—29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40 E+W

Textual Amendments

F40 Ss. 24–29 repealed by Town and Country Planning Act 1971 (c. 78), Sch. 25

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

(2)—(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

(6),(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

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

X1 The 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

F41 S. 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

F42 S. 30(2)–(5) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F43 S. 30(6)(7) repealed by Local Government (Termination of Reviews) Act 1967 (c. 18), s. 2(b)

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

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

(2),(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

(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 [F47 except in accordance with [F48 the 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 . . . F49 are, . . . F49 , 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

Textual Amendments

F44 S. 31(1) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II

F45 S. 31(2)(3) repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7

F46 S. 31(4) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II

F47 Words substituted by Education Act 1968 (c. 17), Sch. 1 para. 8

F48 Words substituted by Education Act 1980 (c. 20, SIF 41:1), s. 16(4), Sch. 3 para. 10

F49 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F50 S. 31(7)(a) repealed by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 67(6), Sch. 6 Pt. I

F51 S. 31(8) repealed by Education (No. 2) Act 1986 (c. 61, SIF 41:1), ss. 51(12), 66, 67(6), Sch. 6 Pt. I (subject to a saving in Education Reform Act 1988 (c.40, SIF 41:1), ss. 225(1), 231(7), 235(6))

F52 S. 31(9) repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7

F53 S. 31(10) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

Modifications etc. (not altering text)

C9 Functions of Minister of Education now exercisable by Secretary of State for Education and Science: S.I. 1964/490

32

(1)—(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

Textual Amendments

F54 S. 32(1)–(6) repealed by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 4 para. 103, Sch. 5

F55 S. 32(7) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56 E+W

Textual Amendments

F56 S. 33 repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7

34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57 E+W

Textual Amendments

F57 S. 34 repealed by Employment and Training Act 1973 (c. 50), Sch. 4

Part V E+W Sewerage and Trade Effluents

35, 36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58 E+W

Textual Amendments

F58 Ss. 35, 36, 37(1)(3)(4), 38, 39 repealed by Water Act 1973 (c. 37), Sch. 9

37 Application of enactments relating to sewerage and sewage disposal. X2 E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

(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 M12 Public 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

Editorial Information

X2 S. 37: "the said Schedule 9" means Sch. 9 to this Act

Textual Amendments

F59 Ss. 35, 36, 37(1)(3)(4), 38, 39 repealed by Water Act 1973 (c. 37), Sch. 9

Marginal Citations

M12 1936 c. 50.

38, 39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60 E+W

Textual Amendments

F60 Ss. 35, 36, 37(1)(3)(4), 38, 39 repealed by Water Act 1973 (c. 37), Sch. 9

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, . . . F61 , 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 M13 Public 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 M14 Public Health Act 1936;

(c),(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

(e) the M15 Clean Air Act 1956;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

(h) the M16 Public Health Act 1961:

[F65 (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

F61 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F62 S. 40(4)(c)(d) repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

F63 S. 40(4)(f) repealed by Nursing Homes Act 1975 (c. 37, SIF 113:3), s. 22, Sch. 3

F64 S. 40(4)(g) repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

F65 S. 40(4)(i), which was added by Nursing Homes Act 1975 (c. 37, SIF 113:1), s. 22(1), Sch. 1 para. 7, substituted by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 1 para. 3

Marginal Citations

M13 1936 c. 50.

M14 1936 c. 49.

M15 1956 c. 52.

M16 1961 c. 64.

41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66 E+W

Textual Amendments

F66 S. 41 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

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 M17 Local 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

M17 1933 c. 51.

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

(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 M18 London 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 M19 London 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 M20 London County Council (General Powers) Act 1956; and

(e) sections 15 to 17 of the M21 London 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 M22 Acts of 1930 M23 M24 , 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

X3 The 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

F67 S. 43(3)(4) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Modifications etc. (not altering text)

C10 Certain 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)

C11 Certain 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

M18 1954 c. xxiv.

M19 1955 c. xxix.

M20 1956 c. lxxvii.

M21 1958 c. xxi.

M22 1930 c. clviii.

M23 1935 c. xcii.

M24 1939 c. xcvii.

44 Cemeteries and crematoria. E+W

(1)—(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

(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 M25 Rating 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 M26 Burial Act 1900 and without prejudice to section 3 of the M27 Public Health (Interments) Act 1879, the provisions of sections 27 to 31 of the M28 Cemeteries 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

Textual Amendments

F68 Ss. 44(1)–(3)(7), 45(1)(2) repealed by Local Government Act 1972 (c. 70), Sch. 30

Marginal Citations

M25 1925 c. 90.

M26 1900 c. 15.

M27 1879 c. 31.

M28 1847 c. 65.

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

45

(1),(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

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”; . . . F73

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

Editorial Information

X4 The 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

F69 Ss. 44(1)–(3)(7), 45(1)(2) repealed by Local Government Act 1972 (c. 70), Sch. 30

F70 S. 45(3) repealed by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5

F71 S. 45(4) repealed and superseded by Health Service and Public Health Act 1968 (c. 46), s. 65(1)–(4), Sch. 4

F72 S. 45(5) repealed by Local Government Act 1972 (c. 70), Sch. 30

F73 Words repealed by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5

F74 Ss. 45(7), 46(1)(2) repealed by Local Government Act 1972 (c. 70), Sch. 30

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

(1),(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76

(4) The functions of the council of a [F77 London 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) . . . F78 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) . . . F78 of that Act.

(5)—(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

Textual Amendments

F75 Ss. 45(7), 46(1)(2) repealed by Local Government Act 1972 (c. 70), Sch. 30

F76 S. 46(3) repealed and superseded by Health Services and Public Health Act 1968 (c. 46), s. 65(1)–(4), Sch. 4

F77 Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 44(3)

F78 Words repealed Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), ss. 78, 79, Sch. 3

F79 Ss. 46(5)–(8), 47(1)(3) repealed by Local Government Act 1972 (c. 70), Sch. 30

47 Children authorities. E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80

(2) Section 96 (4) of the M29 Children and Young Persons Act 1933 shall not apply to expenses incurred by the Common Council . . . F81

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82

Textual Amendments

F80 Ss. 46(5)–(8), 47(1)(3) repealed by Local Government Act 1972 (c. 70), Sch. 30

F81 Words repealed by Local Authority Social Services Act 1970 (c. 42), Sch. 3

F82 S. 47(4) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Marginal Citations

M29 1933 c. 12.

48 Fire authorities. E+W

(1),(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

(3) The M30 Metropolitan Fire Brigade Act 1865 shall have effect as if references to the Metropolitan Board of Works were . . . F84 references to the metropolis were references to Greater London other than the outer London boroughs.

Textual Amendments

F83 S. 48(1)(2) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss, 1, 102, Sch. 17

F84 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Marginal Citations

M30 1865 c. 90.

49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85 E+W

Textual Amendments

F85 S. 49 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

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 M31 Explosives Acts 1875 M32 and 1923 and the M33 Fireworks Act 1951.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

(3) Subsections (1) . . . F87 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

F86 S. 50(2) repealed by London Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F87 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Marginal Citations

M31 1875 c. 17.

M32 1923 c. 17.

M33 195 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 M34 Offices, Shops and Railway Premises Act 1963, . . . F88 ; 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”; . . . F89

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89

(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 M35 Shops 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 M36 London 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

F88 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F89 S. 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)

C12 The 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

M34 1963 c. 41.

M35 1950 c. 28.

M36 1958 c. xxi.

52 X5 Licensing of theatres, public entertainments etc. E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F90

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91

(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 . . . F92

Editorial Information

X5 Unreliable margin note

Textual Amendments

F90 S. 52(1) repealed by Theatres Act 1968 (c. 54), Sch. 3

F91 S. 52(2) repealed by Cinemas Act 1985 (c. 13, SIF 45A), ss. 24, Sch. 3

F92 Words repealed by Cinemas Act 1985 (c. 13, SIF 45A), s. 24, Sch. 3

Modifications etc. (not altering text)

C13 S. 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F93

(2),(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F94

Textual Amendments

F93 S. 53(1) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F94 S. 53(2)(3) repealed by Betting, Gaming and Lotteries (Amendment) Act 1971 (c. 26), Sch.

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

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

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F96

(3) For the purposes of the [F97 Animal 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F98

Textual Amendments

F95 S. 54(1) repealed by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 54, 59(1)(4), Sch. 3 para. 2, Sch. 5

F96 S. 54(2) repealed by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 6

F97 Words substituted by Animal Health Act 1981 (c. 22, SIF 4:4), s. 96(1), Sch. 5 para. 5

F98 S. 54(4) repealed by Food Act 1984 (c. 30, SIF 53:1), ss. 134, 136, Sch. 11

55 Smallholdings, allotments, etc. E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F99

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F100

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F101

(4) In its application to an inner London borough, section 23 of the M37 Small 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 M38 Allotments Act 1922 for the words “Metropolitan borough” there shall be substituted the words “outer London borough”.

Textual Amendments

F99 S. 55(1) repealed by Agriculture Act 1970 (c. 40), Sch. 5 Pt. III

F100 S. 55(2) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F101 S. 55(3) repealed by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 6

Marginal Citations

M37 1908 c. 36.

M38 1922 c. 51.

56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F102 E+W

Textual Amendments

F102 S. 56 repealed by Public Libraries and Museums Act 1964 (c. 75), Sch. 3

57

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F103

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F104

Textual Amendments

F103 Ss. 57(1), 58(2)(3) repealed by Local Government Act 1972 (c. 70), Sch. 30

F104 S. 57(2) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

58

[F105 (1) The Open Spaces Act 1906, except section 14, shall have effect as if the London borough councils . . . F106 were included among the local authorities to whom it applies.]

(2),(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F107

Textual Amendments

F105 S. 58(1) substituted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(3), Sch. 3 para. 11

F106 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F107 Ss. 57(1), 58(2)(3) repealed by Local Government Act 1972 (c. 70), Sch. 30

59 The Green Belt. E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F108

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F108

(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, . . . F109 , include the London borough council whose area includes the whole or any part of the area of that existing council;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F110

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

X6 The 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

F108 S. 59(1)(2)(b) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F109 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F110 S. 59(1)(d) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

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

(1)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F111

(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; . . . F112

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F113

Textual Amendments

F111 S. 60(1)–(4) repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 74(3), Sch. 17 Pt. II

F112 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F113 S. 60(6) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

61 Functions under Town Development Act 1952. X7 E+W

(1),(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F114

(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 M39 Housing 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

X7 S. 61: "the said Act of 1952" means Town Development Act 1952 (c. 54)

Textual Amendments

F114 Ss. 61(1)(2), 62(1)(b)(f)(4) repealed by Local Government Act 1972 (c. 70), Sch. 30

Marginal Citations

M39 1961 c. 65.

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 M40 Canals Protection (London) Act 1898, which shall extend to the whole of Greater London;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F116

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F117

(e) the M41 Riding Establishments Act 1939;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119

Textual Amendments

F115 Ss. 61(1)(2), 62(1)(b)(f)(4) repealed by Local Government Act 1972 (c. 70), Sch. 30

F116 S. 62(1)(c) repealed by Poisons Act 1972 (c. 66), s. 13(1), Sch. 2

F117 S. 62(1)(d) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F118 S. 62(3) repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII

F119 S. 62(5) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Marginal Citations

M40 1898 c. 16.

M41 1939 c. 56.

Part VIII E+W Rating and valuation and associated matters

63 Rating and valuation. E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120

(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, . . . F121

(a)—(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120

Textual Amendments

F120 S. 63 (1)(2)(a)–(c) repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

F121 Word repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

64, 65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F122 E+W

Textual Amendments

F122 Ss. 64, 65 repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. VIII

66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123 E+W

Textual Amendments

F123 S. 66 repealed by Local Government Finance Act 1988 (c. 41, SIF 81:1), s. 149, Sch. 13 Pt. I

67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F124 E+W

Textual Amendments

F124 S. 67 repealed by S.I. 1990/776, art. 3, Sch. 1

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

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F125

(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

F125 S. 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F126 E+W

Textual Amendments

F126 Ss. 69, 70, 74 repealed by Local Government Act 1972 (c. 70), Sch. 30

Part IX E+W Miscellaneous and General

Common services E+W

71, 72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F127 E+W

Textual Amendments

F127 Ss. 71, 72 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

73 Publicity for amenities of Greater London. E+W

(1) [F128 Any 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 [F129 their respective areas].

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130

Textual Amendments

F128 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 16 para. 1

F129 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 16 para. 1

F130 S. 73(2) repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. XVI

Modifications etc. (not altering text)

C14 S. 73 amended by Local Government Act 1972 (c. 70), s. 144(4)

C15 S. 73 excluded by Greater London Council (General Powers) Act 1978 (c. xiii), s. 8

Miscellaneous E+W

74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F131 E+W

Textual Amendments

F131 Ss. 69, 70, 74 repealed by Local Government Act 1972 (c. 70), Sch. 30

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

(1) Any of the following councils, that is to say, . . . F132 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.

[F133 (4) This section shall apply to . . . F134 [F135 , 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

F132 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F133 S. 75(4) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 40(b)

F134 Words “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

F135 Words 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;

[F136 (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—

• in the borough of Broxbourne, the area of the former urban district of Cheshunt

• the district of Hertsmere

• in the district of Welwyn Hatfield, the parish of Northaw;

(d) in the county of Surrey—

• in the borough of Elmbridge, the area of the former urban district of Esher

• the boroughs of Epsom and Ewell and Spelthorne

• in the district of Reigate and Banstead, the area of the former urban district of Banstead;]

and section 16 of, and Schedule 4 to, the M42 Police 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

F136 S. 76(1)(b)–(d) substituted by S.I. 1974/482

Modifications etc. (not altering text)

C16 S. 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

M42 1946 c. 46.

77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137 E+W

Textual Amendments

F137 S. 77 repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8

78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F138 E+W

Textual Amendments

F138 S. 78 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F139 E+W

Textual Amendments

F139 S. 79 repealed by Local Land Charges Act 1975 (c. 76, SIF 98:2), s. 19(1), Sch. 2

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

(1) Notwithstanding anything in section 120 of the M43 Land 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; . . . F140 .

(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

F140 Words repealed by Land Registration Act 1966 (c. 39), Sch.

Marginal Citations

M43 1925 c. 21.

81 Charities in Greater London. E+W

(1)—(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F141

(9) As from 1st April 1965—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F142

F143 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F143 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F144

Textual Amendments

F141 S. 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

F142 S. 81(9)(a) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F143 s. 81(9)(b) and (c) repealed (1.8.1993) by 1993 c. 33, ss. 98(2), 99(1), Sch.7.

F144 S. 81(10) repealed by Education Act 1973 (c. 16), Sch. 2 Pt. I

General E+W

82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F145 E+W

Textual Amendments

F145 S. 82 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

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 . . . F146 as it applies in relation to . . . F146 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 . . . F147 ; 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

F146 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F147 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

Modifications etc. (not altering text)

C17 S. 83 extended by Building Act 1984 (c. 55, SIF 15), s. 132, Sch. 5 para. 3(c)

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 M44 Local 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 [F148 section 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 M45 Local 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 [F148 said 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F149

Textual Amendments

F148 Words substituted by Reserve Forces Act 1980 (c.9, SIF 7:2), s. 157(1), Sch. 9 para. 8(a)(b)

F149 S. 84(6) repealed by Administration of Justice Act 1964 (c. 42), Sch. 5

Modifications etc. (not altering text)

C18 S. 84 extended by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), ss. 77, 79, Sch. 1, para. 5 and by Building Act 1984 (c.55, SIF 15), s. 132, Sch. 5 para. 3(c)

Marginal Citations

M44 1933 c. 51.

M45 1933 c. 51.

85 Transfer and compensation of officers. E+W

(1) Any order under section . . . F150 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 . . . F151 shall include such provision with respect to any person who is transferred under this Act . . . F151 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F152

Textual Amendments

F150 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F151 Words repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s.3, Sch. 1 Pt. I, Sch. 3 paras. 1, 2, 4, 6

F152 S. 85(5) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Modifications etc. (not altering text)

C19 S. 85(4) amended by Pensions (Increase) Act 1971 (c. 56), s. 5(1), Sch. 2 paras. 23, 33, 52, 55

86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F153 E+W

Textual Amendments

F153 S. 86 repealed by Local Government Act 1972 (c. 70), Sch. 30

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F154

(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—

• “the relevant area” means Greater London except that—

(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;

• “Greater London statutory provision” means any statutory provision to which this section applies, being a provision mentioned in subsection (8)(a) or (b) of this section;

• “local authority” means the council of a county, county borough, metropolitan borough or county district or the Common Council or any joint committee, joint board, joint authority or other combined body all the members of which are representatives of any such council;

• “urban district statutory provision” means any statutory provision to which this section applies, being a provision mentioned in subsection (8)(c) of this section.

Textual Amendments

F154 S. 87(2)–(7) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Modifications etc. (not altering text)

C20 S. 87(8)(a) amended by Greater London Council (General Powers) Act 1967 (c. xx), s. 13

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 M46 Local 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

M46 1933 c. 51.

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—

• “appropriate Minister”, in relation to the making of an order or regulation with respect to any matter, means the Minister in charge of any government department concerned with that matter; but the validity of any order or regulation purporting to be made by any Minister by virtue of a power conferred on the appropriate Minister by this Act shall not be affected by any question as to whether or not that Minister was the appropriate Minister for the purpose;

• “the City” means the City of London;

• “the Common Council” means the Common Council of the City of London;

• “county” means an administrative county;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F155

• “existing” in relation to a local government area or authority, means that area or authority as it existed immediately before the passing of this Act;

• “functions” includes powers and duties;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F156

• “land” includes land covered by water and any interest or right in, to or over land;

• “local statutory provision” means a provision of a local Act (including an Act confirming a provisional order) or a provision of a public general Act passed with respect only to the whole or part of the existing county of London or a provision of an instrument made under any such local or public general Act or of an instrument in the nature of a local enactment made under any other Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F157

• “Minister” includes the Board of Trade;

• “the Minister” means the Minister of Housing and Local Government;

• “Port of London” means the port of that name established for the purposes of the enactments relating to customs or excise [F158 together with all such waters between the seaward limit of the port as so established and imaginary straight lines drawn from latitude 51° 37’ 00” north, longitude 00° 57’ 19” east (Foulness Point in the county of Essex) to latitude 51° 46’ 05” north, longitude 01° 20’ 32” east (Gunfleet Old Lighthouse) and thence to latitude 51° 26’ 36” north, longitude 01° 25’ 30” east and thence to latitude 51° 24’ 55” north, longitude 00° 54’ 21” east (Warden Point in the county of Kent) as are for the time being within the territorial waters of Her Majesty’s dominions.]

• “relevant year of election” means the first year of election occurring after the first Order in Council is made after the passing of this Act under the M47 House of Commons (Redistribution of Seats) Act 1949 giving effect to a report of the Boundary Commission for England under that Act with respect to the parliamentary constituencies situated wholly or partly in Greater London; and for the purposes of this definition “year of election” means the year 1967 or any third year thereafter;

• “sewerage area of the Greater London Council” has the meaning assigned to it by section 39 of this Act;

• “the Temples” means the Inner Temple and the Middle Temple.

(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

F155 Definition repealed by Statute Law (Repeals) Act 1976 (c. 16), s. 1, Sch. 1 Pt. IX

F156 Definition repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17 and by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F157 Definition of “metropolitan road” repealed by Transport (London) Act 1969 (c. 35), Sch. 6

F158 Words added by City of London (Various Powers) Act 1965 (c. xxxix), s. 31

Modifications etc. (not altering text)

C21 Functions of Board of Trade now exercisable by Secretary of State concurrently with Board of Trade: S.I. 1970/1537

C22 Functions of Minister of Housing and Local Government now exercisable by Secretary of State: S.I. 1970/1681

Marginal Citations

M47 1949 c. 66.

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)

C23 S. 90 extended by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 42(4)

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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F159 E+W

Textual Amendments

F159 S. 92 repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 and Northern Ireland Assembly Disqualification Act 1975 (c. 25), s. 5(2), Sch. 3 Pt. I

93 Repeals and savings. E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F160

(2) Without prejudice to section 38(1) of the M48 Interpretation 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 . . . F161 of any Area Board within the meaning of the M49 Electricity Act 1947 . . . F161 .

(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

F160 S. 93(1) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

F161 Words repealed by Gas Act 1972 (c. 60), Sch. 8

Marginal Citations

M48 1889 c. 63.

M49 1947 c. 54.

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) . . . F162 of this Act . . . F162 , 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 M50 Valuation 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F162 , the provisions of this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F162 shall not extend to Northern Ireland.

Textual Amendments

F162 Words repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 and Northern Ireland Assembly Disqualification Act 1975 (c. 25), s. 5(2), Sch. 3 Pt. I

Marginal Citations

M50 1956 c. 60.