London Government Act 1963

35 Sewers and sewage disposal works

(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.