(1)On 1st April 1965 there shall vest in the Greater London Council all sewers and all sewage disposal works which immediately before that date were vested in the London or Middlesex county council, the Wandle Valley Main Drainage Authority, the North Surrey Joint Sewage Board or the Richmond Main Sewerage Board, and the said Authority and Boards shall cease to exist.
(2)On 1st April 1965 there shall vest—
(a)in the council of each London borough all sewers and sewage disposal works primarily serving an area in the borough which immediately before that date were vested in the council of a county borough, metropolitan borough or county district the area of which falls wholly or partly within the borough;
(b)in the council of a London borough all drains in the borough which immediately before that date fell within paragraph (a) or (b) of the definition of “drain ” in section 81(1) of the Public Health (London) Act 1936.
(3)As respects the sewerage area of the Greater London Council—
(a)the provision of main sewers and of sewage disposal works shall be the function of the Greater London Council ; and
(b)the provision of public sewers other than main sewers shall, as respects a London borough, be the function of the council of the borough and, as respects a county district, be the function of the council of that district;
and any power of the Common Council, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple to provide sewers (whether conferred by any enactment or otherwise) shall be exercisable subject to paragraph (a) of this subsection.
(4)As respects a London borough which, or a part thereof which, falls outside the sewerage area of the Greater London Council the provision of all public sewers and sewage disposal works shall be the function of the council of the borough; but this subsection shall have effect subject to any enactment or agreement with respect to such sewers and works and subject to the provisions of subsection (9) of this section.
(5)It shall be the duty of the Greater London Council as soon as practicable after 1st April 1965 to take into consideration the public sewers and sewage disposal works primarily serving their sewerage area or (subject to subsection (9) of this section) any part of Greater London not forming part of that area, being sewers or works vested in some other local authority, with a view to determining whether a declaration should be made under this subsection, and if they are satisfied that any such sewer is or should become a main sewer or that any such works should be transferred to them, they shall, subject to the provisions of section 17(1) and (3) of the Public Health Act 1936 as applied by subsection (7) of this section, declare that that sewer or works shall as from such date as may be specified in the declaration vest in them, giving the requisite notice of their proposal to do so not later than 1st April 1970.
(6)It shall be the duty of the Greater London Council to keep under consideration after 1st April 1970 the sewers and works mentioned in the last foregoing subsection, and if at any time they are satisfied that any such sewer constructed or acquired by any other local authority since that date should become a main sewer or that there has been a change of circumstances since that date affecting any other sewer so mentioned or any works so mentioned which makes it expedient that the sewer or works should be transferred to them, they shall, subject to the provisions of the said section 17(1) and (3), declare that the sewer or works shall as from such date as may be specified in the declaration vest in them.
(7)The following provisions of section 17 of the Public Health Act 1936 (as amended by Schedule 9 to this Act) shall apply to a declaration under this section as they apply to a declaration under subsection (1) of that section, that is to say, subsections (1), (3), (5) and (6); and in deciding on an appeal under that section whether a declaration shall be made under this section, the Minister shall have regard to all the circumstances of the case and in particular to the considerations—
(a)whether or not the sewer or works in question primarily serves the sewerage area of the Greater London Council or a part of Greater London not forming part of that area; and
(b)whether or not the sewer in question is or should become a main sewer, or as the case may be, whether or not any machinery, equipment, pumping station, pipe or other thing is or should be used in connection with the works in question.
(8)If any land used for the purposes of a sewage disposal works is vested by virtue of a declaration under this section in the Greater London Council and subsequently the land ceases to be used for that purpose the Greater London Council shall if so requested by the council in whom it was previously vested reconvey the land to that council on such terms as may be agreed between the two councils or in default of agreement as may be determined by the Minister.
(9)Nothing in this section shall affect any sewer, sewage disposal works or other property, or any powers or duties, of the West Kent Main Sewerage Board.
(1)The expenses incurred by the Greater London Council in the discharge of their functions relating to sewerage and sewage disposal shall be chargeable on the London boroughs and county districts falling wholly or partly within the sewerage area of the Greater London Council and on the City and the Temples, and where part only of such a borough or district falls within the said sewerage area those expenses shall be chargeable only on that part of the borough or district.
(2)The expenses so incurred shall be expenses for special London purposes notwithstanding that those expenses are chargeable on areas outside Greater London ; and in relation to those expenses paragraph 19(2)(b) of Schedule 2 to this Act shall have effect as if the reference to part only of Greater London included a reference to the sewerage area of the Greater London Council.
(3)Where any expenses so incurred are by virtue of subsection (1) of this section chargeable on part of a London borough or county district, any expenses incurred by the council of that borough or district in connection with main sewers or sewage disposal works primarily serving another part of the borough or district shall be chargeable only on that other part of the borough or district and, in the case of a rural district, notwithstanding anything in section 6 of the Rural Water Supplies and Sewerage Act 1944, shall not be general expenses.
(4)The foregoing provisions of this section shall have effect subject to section 67 of this Act.
(5)The Greater London Council shall reimburse to the council of a London borough or county district any expenses (including an appropriate proportion of administrative expenses) agreed by the two councils, or in default of agreement determined by the Minister, to have been reasonably incurred by the borough or district council in the discharge of their functions in connection with a main sewer which is vested in the borough or district council and primarily serves the sewerage area of the Greater London Council, and any sums reimbursed by the Greater London Council under this subsection shall be treated as expenses incurred by the Council in the discharge of their functions relating to sewerage and sewage disposal.
(1)The following enactments relating to sewerage, drainage and sewage disposal, that is to say—
(a)the provisions of sections 14 to 42 and 330 of the Public Health Act 1936 and sections 1 (2) and 90 and Part XII of that Act so far as they relate to those provisions;
(b)section 13 of the Local Government (Miscellaneous Provisions) Act 1953 ; and
(c)sections 12 to 15 of, and Schedule 2 to, the Public Health Act 1961,
shall, subject to the exceptions and modifications specified in Parts I and II of Schedule 9 to this Act, apply to all parts of the sewerage area of the Greater London Council and shall so apply instead of any other enactments in that behalf and, in particular in the case of the inner London boroughs, the City and the Temples, instead of any corresponding provisions contained in Parts II and XIV of the Public Health (London) Act 1936.
(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 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)The enactments mentioned in subsection (1) of this section shall apply to any part of Greater London outside the sewerage area of the Greater London Council as they apply elsewhere in England and Wales, subject, however, in the case of section 21 of the Public Health Act 1936 to the modifications specified in paragraph 5 of Part II of Schedule 9 to this Act, and accordingly the local authority for the purposes of those enactments in their application to any such part of Greater London shall as respects a London borough be the council of the borough; but the foregoing provision shall not affect the application of any local statutory provision having effect in the district of the West Kent Main Sewerage Board.
(4)Paragraphs 1 and 2 of Part I of the said Schedule 9 shall extend outside the sewerage area of the Greater London Council.
(1)On and after 1st April 1965 the following enactments relating to trade effluents, that is to say, the Public Health (Drainage of Trade Premises) Act 1937, Part V of the Public Health Act 1961 and sections 1(2) and 90 and Part XII of the Public Health Act 1936 so far as they relate to the said Act of 1937 and the said Part V shall, without prejudice to section 37 of this Act but subject to the exceptions and modifications specified in Schedule 10 to this Act, apply to all parts of the sewerage area of the Greater London Council (including the City and the Temples) and to any part of Greater London which does not form part of that area, and shall so apply instead of Part II of the London County Council (General Powers) Act 1953 and Part II of the London County Council (General Powers) Act 1962 in the areas in which the two last mentioned Acts applied immediately before 1st April 1965.
(2)The provision made by an order under section 84 of this Act may include—
(a)provision continuing in force any agreement, condition or liability to pay charges subsisting immediately before 1st April 1965 under Part II of the said Act of 1953 or Part II of the said Act of 1962 notwithstanding that 'the agreement could not have been made, the condition imposed or the liability incurred under the enactments relating to trade effluents specified in subsection (1) of this section;
(b)provision for varying or revoking any such agreement or condition or varying or abrogating any such liability, in either case to such extent as appears to the Minister to be necessary or proper to effect the transition from the provisions of the said Parts II to the said enactments relating to trade effluents ;
(c)provision exempting the owner or occupier of any premises with respect to which any such agreement or condition is in force from compliance with any requirement imposed by or by virtue of the said enactments to obtain the consent of the local authority with respect to all or any of the matters to which the agreement or condition relates or any other such requirement with respect to all or any of those matters.
(1)In this Part of this Act, except where the context otherwise requires—
(a)“main sewer ” means a public sewer used for the general reception of sewage from other public sewers and not substantially used for the reception of sewage from private sewers and drains ;
(b)“sewerage area of the Greater London Council ” means an area defined by an order made by the Minister as being the area drained by the sewers for the time being vested in the Council by virtue of section 35 of this Act and by any other sewers the sewage from which is directly or indirectly discharged into the sewers or sewage disposal works so vested in the Council, exclusive of any area in the district of the West Kent Main Sewerage Board and any area outside Greater London the sewage from which is so discharged in pursuance only of an agreement under section 28 of the Public Health Act 1936 ;
(c)any expression which is also used in Part II of the Public Health Act 1936 shall have the same meaning as in the said Part II.
(2)An order under subsection (1)(b) of this section defining the sewerage area of the Greater London Council as constituted on 1st April 1965 shall be made so as to come into force on that date and subsequent orders redefining that area shall be made thereunder as occasion may require.
(3)The Greater London Council shall keep, together with the documents relating to the business of the Council, a map or other document showing the extent for the time being of their sewerage area, and that map or other document shall be open to inspection by members of the public.
(4)Any installation or equipment installed or used for the purpose of treating any overflow of sewage from a sewer caused by an excess of storm water shall be deemed for the purposes of this Part of this Act to form part of that sewer and not to be or form part of a sewage disposal works.
(5)Any dispute between two authorities having functions with respect to sewers as to whether a sewer primarily serving the sewerage area of the Greater London Council is or is not a main sewer or whether or not a sewer or sewage disposal works primarily serves a part of that area or a part of Greater London not forming part of that area (other than a dispute which falls to be determined under section 17 of the Public Health Act 1936) shall in default of agreement be determined by the Minister.