London Government Act 1963

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, . . . F1 , 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 M1 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 M2 Public Health Act 1936;

(c),(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(e) the M3 Clean Air Act 1956;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(h) the M4 Public Health Act 1961:

[F5 (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

F1 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F2 S. 40(4)(c)(d) repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6),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

F3 S. 40(4)(f) repealed by Nursing Homes Act 1975 (c. 37, SIF 113:3), s. 22, Sch. 3

F4 S. 40(4)(g) repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

F5 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

M1 1936 c. 50.

M2 1936 c. 49.

M3 1956 c. 52.

M4 1961 c. 64.

41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W

Textual Amendments

F6 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 M5 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

M5 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(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 M6 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 M7 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 M8 London County Council (General Powers) Act 1956; and

(e) sections 15 to 17 of the M9 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 M10 Acts of 1930 M11 M12 , 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—

X1 (a) Parts II and 111 and sections 51 to 53 of the Act of 1930 ;

X1 (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

X1 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

F7 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)

C1 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)

C2 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

M6 1954 c. xxiv.

M7 1955 c. xxix.

M8 1956 c. lxxvii.

M9 1958 c. xxi.

M10 1930 c. clviii.

M11 1935 c. xcii.

M12 1939 c. xcvii.

44 Cemeteries and crematoria. E+W

(1)—(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(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 M13 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 M14 Burial Act 1900 and without prejudice to section 3 of the M15 Public Health (Interments) Act 1879, the provisions of sections 27 to 31 of the M16 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F8 Ss. 44(1)–(3)(7), 45(1)(2) repealed by Local Government Act 1972 (c. 70), Sch. 30

Marginal Citations

M13 1925 c. 90.

M14 1900 c. 15.

M15 1879 c. 31.

M16 1847 c. 65.