London Government Act 1963

Section 38.

SCHEDULE 10 Modifications as from 1st April 1965 of Enactments Relating to Trade Effluents

1 Subject to the provisions of this Schedule, for the purposes of the enactments relating to trade effluents mentioned in section 38 (1) of this Act in their application to the sewerage area of the Greater London Council—

(a) the Greater London Council shall be the local authority for that area both as respects public sewers vested in the Council and as respects those vested in a sewerage authority mentioned in sub-paragraph (b) of this paragraph ; and

(b) in addition to the Greater London Council, the council of a London borough or county district, the Common Council, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple shall be sewerage authorities.

2 In those enactments in their application to the said sewerage area—

(a) any reference to an interested body in relation to a sewer which discharges into a sewer or sewage disposal works of the Greater London Council shall be construed as including a reference to any sewerage authority in whom that sewer is vested ;

(b) any reference to a public sewer or to a sewer of a local authority shall be construed as a reference to a public sewer of the Greater London Council or of some other sewerage authority, as the case may require; and

(c) any reference to the district of a local authority shall be construed as a reference to the sewerage area of the Greater London Council;

and for the purposes of those enactments and this Part of this Schedule any sewer vested in the Common Council, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple shall be deemed to be a public sewer.

3 The Public Health (Drainage of Trade Premises) Act 1937 in its application to the said sewerage area shall have effect subject to the following provisions:—

(a) any reference in the said Act of 1937 to a provision of the Public Health Act 1936 which is modified by Schedule 9 to this Act shall be construed as a reference to that provision as so modified;

(b) section 1 shall not prejudice the operation of any provision of the City of London Sewers Act 1848 with respect to the making of communications with sewers or the construction or execution of works to or in connecton with any sewers or drains;

(c) in section 4 (1) (c) for the first reference to the local authority there shall be substituted a reference to the authority in whom the sewer was vested at the time when the agreement was made;

(d) in section 4 (2) the first reference to the local authority shall, in relation to a drain or sewer, be construed as a reference to the authority who closed the drain or sewer and provided a new one as mentioned in that subsection;

(e) in the application of the said Act of 1937 to the inner London boroughs, the City, the Temples and any other area to which that Act did not apply immediately before 1st April 1965—

(i) a reference to that date shall be substituted for the references in sections 4 (1) and 9 (2) to 3rd March 1937 and for the reference in section 7 (5) to the passing of that Act;

(ii) section 12 shall not have effect;

(iii) in the case of any part of the said sewerage area falling within an outer London borough or a county district, any question arising under section 4 (1) (as modified by this sub-paragraph) whether a trade effluent discharged within the period of one year ending on 1st April 1965 was lawfully discharged shall be determined as if the Public Health Act 1936 had not been in operation ; and

(f) in the application of the said Act of 1937 to any part of the said sewerage area to which that Act applied immediately before 1st April 1965 by virtue only of an order under section 22 of the London County Council (General Powers) Act 1953, the modifications of the said Act of 1937 specified in that order shall continue to have effect notwithstanding the repeal of the said section 22 by this Act.

4 Section 7 of the said Act of 1937 (which enables a local authority to make agreements for the reception and disposal of trade effluents with the owners or occupiers of trade premises within the district of the authority) shall be construed as enabling—

(a) the Greater London Council to enter into such agreements with the owners or occupiers of trade premises outside their sewerage area;

(b) sewerage authorities outside that area to enter into such agreements with the owners or occupiers of trade premises within that area ;

(c) the Greater London Council and any interested body in whom is vested a sewer in the Council's sewerage area to enter jointly into such agreements with the owners or occupiers of trade premises whether within or outside that area.

5 (1) Any payments mentioned in sub-paragraph (2) of this paragraph and received by the Greater London Council shall—

(a) if the payment is in respect of the reception or disposal of a trade effluent which has passed through the public sewers of any interested body in the Council's sewerage area, be apportioned between the Council and that body; and

(b) if the payment is in respect of the reception and disposal of a trade effluent which has passed through the public sewers of a sewerage authority outside that area, be apportioned between the Council and that sewerage authority,

in either case in such proportions as may be agreed or in default of agreement determined by the Minister.

(2) The said payments are—

(a) payments made in pursuance of conditions imposed by virtue of section 2 of the Public Health (Drainage of Trade Premises) Act 1937 (whether as originally enacted or as amended by section 59 of the Public Health Act 1961);

(b) such payments as are mentioned in section 4 (1) (c) of the said Act of 1937 (as modified by the foregoing provisions of this Schedule);

(c) payments made in pursuance of an agreement under section 7 of the said Act of 1937 (whether as originally enacted or as modified by paragraph 4 of this Schedule); and

(d) payments made in pursuance of a direction under section 55 of the Public Health Act 1961.

6 In section 68 of the said Act of 1961 any reference to any information which has been furnished under the said Act of 1937 or Part V of the said Act of 1961 shall be construed as including a reference to information which has been furnished under Part II of the London County Council (General Powers) Act 1953 or Part V of the London County Council (General Powers) Act 1962.

7 The enactments relating to trade effluents mentioned in section 38 (1) of this Act shall apply to any part of Greater London which does not form part of the sewerage area of the Greater London Council as they apply elsewhere in England and Wales, 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 paragraphs 4 and 5 of this Schedule or of any local statutory provision having effect in the district of the West Kent Main Sewerage Board.