Local Government Act 1985

Part II E+W Transfer of Functions to London Borough Councils, Metropolitan District Councils and Other Existing Authorities

Preliminary E+W

2 Commencement of Part II. E+W

Except so far as otherwise provided the following provisions of this Part of this Act shall have effect from the abolition date.

Town and country planning etc. E+W

3 Local planning authorities. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3), (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(5) [F4 In paragraph 55(1) of Schedule 16 to the Local Government Act 1972] after the words “Elsewhere than in Greater London” there shall be inserted the words “, a metropolitan county”.

Textual Amendments

F1 S. 3(1) repealed by Planning (Consequential Provisions) Act 1990 (c.11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1, 2, 4, 6

F2 S. 3(2) repealed by Housing and Planning Act 1986 (c.63, SIF 81:1), ss. 24(3), 39(4), 49(2), 53(2), Sch. 12 Pt. III

F3 S. 3(3)(4) repealed by Planning (Consequential Provisions) Act 1990 (c.11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1, 2, 4, 6

F4 Words substituted by Planning (Consequential Provisions) Act 1990 (c.11, SIF 123:1, 2), s. 4, Sch. 2 para. 69(1)

4, 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W

Textual Amendments

F5 Ss. 4, 5 repealed by Planning (Consequential Provisions) Act 1990 (c.11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1, 2, 4, 6

6 Listed buildings, conservation areas and ancient monuments. U.K.

Schedule 2 to this Act shall have effect for amending the law relating to listed buildings, conservation areas, ancient monuments and certain related subjects, the principal purpose of the amendments being—

(a) to transfer functions relating to those matters from the Greater London Council to the Historic Buildings and Monuments Commission for England; and

(b) to make, in the enactments relating to those functions, amendments consequential on section 3(1) above.

7 National Parks and countryside functions. U.K.

(1) Schedule 3 to this Act shall have effect for transferring functions relating to National Parks and the countryside from—

(a) the Greater London Council to London borough councils and the Common Council; and

(b) from metropolitan county councils to metropolitan district councils.

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 S. 7(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3

Highways and road traffic E+W

8 Highways and road traffic functions. E+W

(1) Schedule 4 to this Act shall have effect for amending the law relating to highways, streets and bridges, and Part I of Schedule 5 to this Act for amending certain enactments relating to road traffic, the principal purpose of the amendments being to transfer functions relating to those matters—

(a) from the Greater London Council to London borough councils and the Common Council; and

(b) from metropolitan county councils to metropolitan district councils.

(2) The supplementary provisions in Part II of Schedule 5 to this Act shall have effect in relation to the regulation of road traffic in Greater London and the metropolitan counties.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 S. 8(3) repealed by Local Government Finance Act 1988 (c.41, SIF 81:1), s. 149, Sch. 13 Pt. II

Waste regulation and disposal E+W

9 Waste regulation and disposal functions. U.K.

Schedule 6 to this Act shall have effect for transferring functions relating to waste regulation and disposal—

(a) from the Greater London Council to London borough councils and the Common Council; and

(b) from metropolitan county councils to metropolitan district councils.

10 Joint arrangements for waste disposal functions. E+W

(1) If it appears to the Secretary of State in the case of Greater London or of any metropolitan county—

(a) that all or any of the councils by which functions to which this section applies will be exercisable in that area from the abolition date could with advantage make joint arrangements for the discharge of all or any of those functions from that date but have not made any or any satisfactory arrangements for that purpose before 15th November 1985; or

(b) that satisfactory arrangements for that purpose have ceased or will cease to be in operation at any time after the abolition date,

he shall by order establish for the whole or any part of that area a single authority to discharge from that date or, as the case may be, from any subsequent time all those functions or such of them as are specified in the order.

(2) For the purposes of subsection (1) above the Secretary of State shall have particular regard to the need for satisfactory arrangements in respect of hazardous waste.

(3) No person shall be a member of an authority established by an order under subsection (1) above unless he is a member of one of the councils for whose areas the authority is established; and any such order may make provision for enabling the Secretary of State to require the authority established by the order to submit to him a scheme for the winding up of the authority and the transfer to those councils of its functions, property, staff, rights and liabilities.

(4) This section applies to any functions conferred by section 74 or 76 of the M1 Public Health Act 1936, [F8 Part II of the Environmental Protection Act 1990], the M2 Refuse Disposal (Amenity) Act 1978 or section 5 or 6 of the M3 Litter Act 1983.

(5) The Secretary of State may by order dissolve any authority established under this section or provide for excluding any functions, or any functions in any area, from those for which the authority was established.

(6) An order under this section may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provisions for the transfer of property, staff, rights and liabilities and provisions amending any enactment or any instrument made under any enactment.

(7) An order may be made by virtue of subsection (1)(a) above at any time before the abolition date.

Textual Amendments

F8 Words in s. 10 substituted (in force at 1.5.1994 except for the purposes of specified activities and in force for those excepted purposes in accordance with art. 3 of S.I. 1994/1096) by Environmental Protection Act 1990 (c.43, SIF 46:4), s. 162(1), Sch. 15 para. 26; S.I. 1994/1096, arts. 2, 3 (as amended by S.Is. 1994/2487 and 1994/3234)

Marginal Citations

M1 1936 c. 49.

M2 1978 c. 3.

M3 1983 c. 35.

Land drainage and flood prevention E+W

11 Land drainage and flood prevention functions. U.K.

F9 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Secretary of State may by an order made before and taking effect on the abolition date make provision for the exercise on and after that date of the functions which by virtue of Schedule 5 to that Act are exercisable by the Greater London Council in the London excluded area and for that purpose may make such consequential amendments in that Act and the M4 Water Act 1973 as appear to him to be required.

(3) In section 2(1) of the M5 Reservoirs Act 1975 (local authorities for the purposes of that Act) for the words “the Greater London Council and county councils” there shall be substituted the words “the councils of counties, metropolitan districts and London boroughs”.

Textual Amendments

F9 S. 11(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3

Marginal Citations

M4 1973 c. 37.

M5 1975 c. 23.

Administration of justice E+W

F10 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F10 S. 12 repealed (19.6.1997) by 1997 c. 25, s. 73(3), Sch. 6 Pt. I (with Sch. 4 para. 27)

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 E+W

Textual Amendments

F11 S. 13 repealed by Coroners Act 1988 (c.13, SIF 33), ss. 33, 36(2), Sch. 4

F12 14 Local valuation panels. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 S. 14 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3

F13 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F13 S. 15 repealed (5.2.1994) by 1993 c. 47, s. 32, Sch. 4.

Miscellaneous E+W

16 Miscellaneous functions. U.K.

Schedule 8 to this Act shall have effect for transferring functions under the enactments there mentioned—

(a) from the Greater London Council to London borough councils and the Common Council; and

(b) from metropolitan county councils to metropolitan district councils.

17 Functions under local statutory provisions. E+W

(1) Subject to the foregoing provisions of this Part of this Act and to any other provision made by or under this Act or any other enactment—

(a) any functions conferred by a local statutory provision which immediately before the abolition date are exercisable by the Greater London Council in or for the benefit of the whole of Greater London shall on and after that date be exercisable in or for the benefit of each London borough or the City by the council of that borough or the Common Council, as the case may be; and

(b) any functions conferred by a local statutory provision which immediately before that date are exercisable by the council of a metropolitan county in or for the benefit of the whole of that county shall on and after that date be exercisable in or for the benefit of each district in the county by the council of that district.

(2) In this section “local statutory provision” means a provision of a local Act (including an Act confirming a provisional order) or a provision of an instrument made under any such local Act or of an instrument in the nature of a local enactment made under any other Act.