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38In section 264—
(a)in subsection (1), after the word " county " in both places where it occurs, there shall be inserted the words " or metropolitan district" ;
(b)for subsection (2) there shall be substituted—
“(2)The drains belonging to a highway—
(a)which immediately before the date of the abolition of the Greater London Council under the Local Government Act 1985 was a metropolitan road; and
(b)which did not become a trunk road on that date by virtue of an order made under paragraph 53 of Schedule 4 to that Act,
vest in the council of the London borough in which the highway is situated or, if it is situated in the City in the Common Council, and where any other drain or sewer was, at the date when the highway became a metropolitan road, used for any purpose in connection with the drainage of that highway, that council shall have the right of using the drain or sewer for that purpose.”;
(c)in subsection (3)—
(i)in paragraph (a), before the word "district" , there shall be inserted the word " non-metropolitan" ;
(ii)in paragraph (c) for the words " or the Greater London Council" there shall be substituted the words " , metropolitan district council or London borough council or the Common Council" .
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