SCHEDULES
SCHEDULE 8 Miscellaneous Functions
Public entertainments
1
F151
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F12
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3
In section 21 of the M1Greater London Council (General Powers) Act 1966—
a
in subsection (1) for the words “the Council” there shall be substituted the words “the borough council in whose borough the premises are situate”;
b
in subsection (3)(a) the words “the Council” shall be omitted;
c
for subsection (3)(b) there shall be substituted—
4
In this section “borough council” includes the Common Council and “borough” shall be construed accordingly.
F16...
4
In section 5 of the M2Greater London Council (General Powers) Act 1978—
a
in subsection (1) for the words “Greater London” and “the Council” there shall be substituted respectively the words “a borough” and “the borough council”;
b
in subsection (4)(b) and (c) for the words “the Council”, wherever they occur, there shall be substituted the words “the borough council”;
c
after subsection (4) there shall be inserted—
5
In this section “borough” includes the City of London and “borough council” includes the Common Council.
Private places of entertainment
F142
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Theatres
F143
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Cinemas
F144
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Children’s entertainments
F145
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Tracks for betting
F186
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Sports grounds
7
1
In the M3Safety of Sports Grounds Act 1975 the words “where the local authority is in Greater London or a metropolitan county, the fire authority or, in any other case,” shall be inserted in sections 3(3) and 4(7) and (8) after the words “police and”, and those words shall also be inserted in sections 5(5), 10(4) and 11 before the words “the building authority”.
2
In subsection (1) of section 17 of that Act for the definition of “building authority” there shall be substituted—
“building authority” means—
a
in England outside Greater London and the metropolitan counties, or in Wales, the district council;
b
in Scotland, the local authority within the meaning of the Building (Scotland) Act 1959
3
In that subsection for the definition of “local authority” there shall be substituted—
“local authority” means—
a
in Greater London, the London borough council or the Common Council of the City of London;
b
in England, in the metropolitan counties, the district council;
c
in England outside Greater London and the metropolitan counties, or in Wales, the county council;
d
in Scotland, the regional or islands council;
Town development and new towns
F38
1
In sections 4(1) and 10(3) of the M4Town Development Act 1952, for the words “the Greater London Council” there shall be substituted the words “London borough”.
2
In section 7(b) of that Act for the words “Greater London Council” there shall be substituted the words “council of a London borough”.
9
1
In section 7(3) of the M5New Towns Act 1981—
a
after the words “district planning authority shall” there shall be inserted the words “, in relation to proposals for development of land in a metropolitan county, be construed as references to the local planning authority; and”;
b
after “1972” there shall be inserted the words “and which is of land in a non-metropolitan county”.
F22
In section 45(a) of that Act, before the word “county” there shall be inserted the word “non-metropolitan”.
Commons
10
1
In the first Schedule to the M6Metropolitan Commons Act 1866 for the first entry in the second column there shall be substituted “The council of the London borough within which the whole or part is situate or, where there are two or more boroughs within which parts are situate and the councils of those boroughs agree that one of them shall be the local authority in relation to the whole, that council.”.
2
In section 2 of the M7Metropolitan Commons Act 1878 for the words from the beginning to “1855” there shall be substituted the words “A London borough shall, in respect of any common the whole or part of which is situate within the borough,”.
3
In the Schedule to the M8Commonable Rights Compensation Act 1882 for the first entry in the second column there shall be substituted “The council of the London borough within which the land is situate”.
4
In section 1(3) of the M9Commons Act 1908, after the word “county”, there shall be inserted the words “or metropolitan district”.
5
In sections 193(1)(d)(ii) and 194(3)(b) of the M10Law of Property Act 1925, after the word “county”, there shall be inserted the words “or metropolitan district”.
6
a
in paragraph (a), after the words “that county”, there shall be inserted the words “or, if the county is a metropolitan county, the council of the metropolitan district in which the land is situated”; and
b
in paragraph (b) for the words “Greater London Council” there shall be substituted the words “council of the London borough in which the land is situated”.
Gipsy encampments
11
1
In section 6 of the M12Caravan Sites Act 1968—
a
in subsection (1) for the words “the council of a county or London borough” there shall be substituted the words “the council of a county, metropolitan district or London borough”;
b
in subsection (2) for the words “metropolitan county” and “in each district in the county” there shall be substituted respectively the words “metropolitan district” and “the district”.
2
In section 12 of that Act—
a
in subsection (1) for the words “a county council or London borough council” there shall be substituted the words “the council of a county, metropolitan district or London borough”;
b
after subsection (2) there shall be inserted—
2A
Subject to subsection (3) below, the Minister may by order made on the joint application of two or more metropolitan district councils designate the area of those councils as an area to which section 10 of this Act applies.
c
in subsection (3) for the words “subsection (1) or (2)” there shall be substituted the words “subsection (1), (2) or (2A)”; and
d
in subsection (6) for the words “the London borough council” there shall be substituted the words “the metropolitan district council or councils or the London borough council”.
3
In relation to an order made under the said section 12 before the abolition date on the application of a metropolitan county council the references in subsections (4) and (6) of that section to the authority or authorities which made the original application and the council for the area in respect of which an order is made shall be construed as references to the metropolitan district council or councils whose area or areas constitute or include the area designated by the order.
4
Where by virtue of the M13Local Government Act 1972 a designation order made before 1st April 1974 under the said section 12 (and not revoked) relates to part only of the area of a metropolitan district, any order which is made on the application of the council of that district under subsection (1) or (2A) of that section shall be made to extend only to an area which does not include the area designated before that date.
Housing
12
1
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2
For section 23(4) of the M14London Government Act 1963 there shall be substituted—
4
The Minister may at any time after 1st April 1965 require any London borough to submit to him a programme for any transfers of housing accommodation vested in that borough such as are mentioned in subsection (3)(b) of this section which they propose to make and have not yet made.
3
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Rent officers
13
1
In subsection (1) of section 62 of the M15Rent Act 1977 for the words after “Act” there shall be substituted the words
are—
a
counties;
b
London boroughs; and
c
the City of London.
2
In subsection (2)(a) of that section the words “the area of the Common Council of” shall be omitted.
3
At the end of section 63 of that Act there shall be inserted—
9
In the case of a registration area which is a metropolitan county this section shall apply as if—
a
the first reference to the local authority in subsection (1) were a reference to the council of each district in the county; and
b
the second reference to the local authority in that subsection, the references to the local authority in subsection (2) and the reference to the local authority for whose area the scheme is made in subsection (3) were references to such one of the councils of the districts in that county as has been designated by the scheme.
4
A scheme under the said section 63 as amended by sub-paragraph (3) above may be made at any time before the abolition date so as to come into operation on that date.
Building control
14
1
Subject to any building regulations made under section 1 of the M16Building Act 1984 (whether before or after the passing of this Act) with respect to any of them, the functions—
a
of the Greater London Council under the London Building Acts 1930 to 1982 (including functions conferred on the Council by section 43 of the M17London Government Act 1963); and
b
of district surveyors under those Acts,
shall, so far as they relate to Greater London other than the outer London boroughs, become functions of the councils of the inner London boroughs and the Common Council in respect of their respective areas.
2
The functions conferred on the Greater London Council by section 43 of the said Act of 1963 shall, so far as they relate to the outer London boroughs, become functions of the councils of those boroughs in respect of their respective areas.
3
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4
In the M18Building Act 1984—
a
in section 126 for the definition of “local authority” there shall be substituted—
“local authority” means the council of a district or London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple or, for the purposes of Parts I and II above and of this Part so far as it relates to them, the Council of the Isles of Scilly;
b
in Schedule 3—
i
in paragraph 4 for the words “the Greater London Council and any other local authority” there shall be substituted the words “any local authority”;
ii
in paragraph 10(1) for the words from the beginning to “inner London boroughs” there shall be substituted the words “The council of an inner London borough may make byelaws in relation to the demolition of buildings in the borough”; and
iii
for paragraph 11 there shall be substituted—
11
The council of an inner London borough shall make byelaws with respect to sanitary conveniences, ashpits, cesspools and receptacles for dung and their accessories in connection with buildings (whenever erected) in the borough.
Poisons
16
In section 11(2) of the M20Poisons Act 1972, in the definition of “local authority”, after the word “county” there shall be inserted the words “metropolitan district”.
Animals
17
In section 5 of the M21Performing Animals (Regulation) Act 1925—
a
in subsection (1), in the definition of “local authority”—
i
for the words “county borough” there shall be substituted the words “London borough”; and
ii
for the words “other area, the council of the county” there shall be substituted the words “county or metropolitan district, the council of the county or district”; and
b
in subsection (3) for the words after “defrayed” there shall be substituted the words “, in the case of the council of a county, out of the county fund, and in the case of the council of a metropolitan district or London borough, out of the general rate fund.”
18
In section 50(2) of the M22Animal Health Act 1981 for paragraph (b) there shall be substituted—
b
as respects a non-metropolitan county, the county council,
c
as respects a metropolitan district, the district council,
Fisheries
19
1
The M23Sea Fisheries Regulation Act 1966 shall be amended as follows.
2
In section 1(1) for the words “county council”, in both places where they occur, there shall be substituted the words “county or metropolitan district council”.
3
In section 2(1) for the words “county council” and “county councils” there shall be substituted respectively the words “county or metropolitan district council” and “county or metropolitan district councils”.
4
In section 3 for the words “county council” there shall be substituted the words “county or metropolitan district council” and for the words “inhabitants of the county” there shall be substituted the words “inhabitants of the county or district”.
5
For section 17(1) there shall be substituted—
1
The expenses of a local fisheries committee, so far as payable by a county or metropolitan district council, shall according as the order constituting the committee provides, be general or special expenses of the council and if special expenses shall be chargeable on such part only of the council’s area as may be directed by the order.
6
In section 19 for the words “county council” there shall be substituted the words “county or metropolitan district council”.
20
In paragraph 5(b) of Schedule 3 to the M24Salmon and Freshwater Fisheries Act 1975 for the words “county council” there shall be substituted the words “county or metropolitan district council”.
Weeds
21
In section 5 of the M25Weeds Act 1959 after the word “county”, in both places where it occurs, there shall be inserted the words “or metropolitan district”.
Archives and records
22
1
For section 2(6) of the M26Local Government (Records) Act 1962 there shall be substituted—
6
Subsections (1) and (2) above apply to the council of every country, metropolitan district or London borough, to the Inner London Education Authority, to a joint authority established by Part IV of the Local Government Act 1985 and to the council of any non-metropolitan district specified in an order made in that behalf by the Secretary of State.
2
In section 226 of the M27Local Government Act 1972—
a
in subsection (4), before the word “London”, there shall be inserted the words “metropolitan district,”; and
b
in subsection (5) for the words “Every county council” there shall be substituted the words “The council of every county or metropolitan district”, and after the word “meeting” in the first place where it occurs there shall be inserted the words “in their area”.
Expenses of Commission for Local Administration in England
23
In paragraph 6 of Schedule 4 to the M28Local Government Act 1974 for the words “the Greater London Council” there shall be substituted the words “the councils of metropolitan districts and London boroughs, the Common Council of the City of London”.
24
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Administrative functions transferred by Courts Act 1971
25
Any functions which by virtue of paragraph 1 of Schedule 8 to the M29Courts Act 1971 are exercisable by, or by the clerk to, a metropolitan county council shall be exercisable respectively by the council, or the proper officer of the council, of each metropolitan district comprised in the county.
Loan societiesF13F13
26
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Mines and quarries
27
In section 11(3) of the M30Mines and Quarries (Tips) Act 1969 after the word “county” there shall be inserted the words “metropolitan district”.
Sch. 8 para. 26 repealed (19.11.1998) by virtue of 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 4