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

61 Functions under Town Development Act 1952. X1E+W

(1),(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(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 M1Housing 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

X1S. 61: "the said Act of 1952" means Town Development Act 1952 (c. 54)

Textual Amendments

Marginal Citations