Local Government Act 1985

SCHEDULES

F1 F1 SCHEDULE 1 E+W

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

Textual Amendments

F1 Schedule 1 repealed by Planning (Consequential Provisions) Act 1990 (c.11, SIF 123:1, 2), s. 3, Sch. 1 Pt.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

Section 6

SCHEDULE 2 U.K. Listed Buildings, Conservation Areas and Ancient Monuments

1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Sch. 2 para. 1 repealed by Planning (Consequential Provisions) Act 1990 (c.11, SIF 123:1, 2), s. 3, Sch. 1 Pt.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

Ancient monuments U.K.

2 (1) The M1 Ancient Monuments and Archaeological Areas Act 1979 shall be amended as follows. U.K.

(2) In section 33—

(a) after subsection (2) there shall be inserted—

“(2A) The Commission may from time to time by order designate as an area of archaeological importance any area in Greater London which appears to them to merit treatment as such for the purposes of this Act.”; and

(b) in subsection (3), after the words “local authority”, there shall be inserted the words “or by the Commission”.

(3) At the end of section 34(3) there shall be inserted the words “; and, if the area is wholly or partly situated in Greater London, he shall also notify the Commission.”

(4) In Schedule 2, at the end of paragraph 15, there shall be inserted—

“ Designation orders by the Commission U.K.

15A Paragraphs 8, 9, 10 to 13, 14(a) and (b) and 15 above shall have effect in relation to a designation order made by the Commission as if—

(a) in paragraphs 8(1), 12, 13 and 15 the references to a local authority were a reference to the Commission;

(b) in paragraphs 9 and 14 the first reference to a local authority were a reference to the Commission, and the word “other” were omitted; and

(c) in paragraph 11—

(i) in sub-paragraph (a) the words in brackets were omitted; and

(ii) in sub-paragraph (b) the reference to the local authority proposing to make the order were a reference to the Commission, and the word “other” were omitted.”

Marginal Citations

M1 1979 c. 46.

Other functions E+W

3 (1) The Historic Buildings and Monuments Commission for England (in this paragraph and paragraph 4 below referred to as “the Commission”) may— E+W

(a) acquire by agreement any building or place of historical or architectural interest in Greater London;

(b) undertake, or contribute towards, the cost of preserving, maintaining and managing any such building or place;

(c) acquire by agreement any work of art;

(d) agree with any person for the production by that person of a work of art for acquisition by the Commission;

(e) erect and maintain, or contribute towards the provision, erection and maintenance of, any work of art in any place in Greater London.

(2) For the purpose of providing for the accommodation, exhibition and preservation of works of art or objects of historical, antiquarian or other public interest which may for the time being be in the possession of the Commission by virtue of any gift, loan or discovery, or by virtue of this Act, the Commission may adapt, furnish and maintain any premises given to and for the time being vested in it for the purposes of this sub-paragraph.

(3) The Commission may let any building vested in it for the purposes of sub-paragraph (2) above on such terms and conditions as to payment or otherwise as it thinks fit and may make charges for admission to any such building which may for the time being be under its management and control.

(4) The Commission may in the case of any building in Greater London cause investigations to be made, and information to be published, with respect to the history of the building.

4 E+W The Commission may in Greater London, and a London borough council may in its borough—

(a) provide; and

(b) on any conspicuous part of a house, building or place, with the consent of its owner, erect,

a commemorative plaque, tablet or sign indicating an event or matter of public interest in connection with the house, building or place or its site, and may in that area, with the like consent, maintain any such plaque, tablet or sign erected by it or by any other person or body, whether before or after the passing of this Act.

Section 7.

SCHEDULE 3 U.K. National Parks and Countryside Functions

Byelaws for country parks etc. E+W

1 E+W The land in respect of which a metropolitan district council, London borough council or the Common Council may make byelaws under section 41 of the M2 Countryside Act 1968 shall include any land in the area of the council in respect of which byelaws have been, or could have been, made under that section before the abolition date by a metropolitan county council or the Greater London Council.

Marginal Citations

M2 1968 c. 41.

2 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 Sch. 3 paras. 2, 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

Functions of local planning authorities in National Parks U.K.

3 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 U.K.

(2) In section 184(1) of that Act after the words “elsewhere than” there shall be inserted the words “in the metropolitan counties,”.

Textual Amendments

F4 Sch. 3 paras. 2, 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

F5 4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 3 para. 4 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

5 (1) Schedule 17 to the said Act of 1972 shall be amended as follows. E+W

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

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Paragraph 35 shall have effect in relation to any area—

(a) which is in a metropolitan district; and

(b) to which subsections (1) and (2) of section 61 of the National Parks and Access to the Countryside Act 1949 do not apply at the abolition date by virtue of subsection (3) of that section, as if the reference to the county council were a reference to the council of that metropolitan district.

Textual Amendments

F6 Sch. 3 para. 5(2)-(8) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Grants for expenditure on National Parks E+W

F7 6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 3 para. 6 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Other powers relating to nature conservation, the countryside and the National Parks U.K.

7 (1) The M3 Wildlife and Countryside Act 1981 shall be amended as follows. E+W

(2) In section 34(6) for the definition of “the relevant authority” there shall be substituted—

““the relevant authority” means—

(a) in relation to a non-metropolitan county, the county planning authority and, in relation to any other area in England, the local planning authority;

(b) in relation to Scotland, the authority exercising district planning functions.”

F8 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In sections F9 . . . 43, F9 . . . and 51(2)(c) for the words “county planning authority”, wherever they occur, there shall be substituted the words “local planning authority”.

(5) In section 52(2) for the words from the beginning to the end of paragraph (b) there shall be substituted the words

“In the application of this Part to England (except as respects a metropolitan county or Greater London) and to Wales references to a local planning authority shall be construed—

(a) in sections 42, 43, 44 and 51(2)(c) as references to a county planning authority; and

(b) in any other provision, as references to a county planning authority and a district planning authority;”

(6) In section 66(1) for the definition of “surveying authority” there shall be substituted—

““surveying authority”, in relation to any area, means the county council, metropolitan district council or London borough council whose area includes that area.”

(7) In section 72(10) after the words “a county council” there shall be inserted the words “or metropolitan district council”.

(8) In the definition of “local authority” in paragraph 5(1) of Schedule 14 and paragraph 13(2) of Schedule 15 for the words “a district council, the Greater London Council” there shall be substituted the words “a non-metropolitan district council”.

Textual Amendments

F8 Sch. 3 para. 7(3) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F9 Words in Sch. 3 para. 7(4) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Marginal Citations

M3 1981 c. 69.

Section 8.

SCHEDULE 4 U.K. Highways

Part I U.K. Amendments of the Highways Act 1980

1 U.K. In section 1—

(a) in subsection (2), after the word “county” in the first place where it occurs, there shall be inserted the words “or metropolitan district”, and after that word in the second place where it occurs there shall be inserted the words “or, as the case may be, the district”;

(b) in subsection (3) for the words from the beginning to “the council” there shall be substituted the words “The council”; and

(c) in subsection (4), after the word “county”, there shall be inserted the words “or, as the case may be, the metropolitan district”.

2 U.K. In section 2, in paragraph (a), after the word “county”, there shall be inserted the words “or metropolitan district”, and in paragraph (b) for the words from “the” in the second place where it occurs to the end of the paragraph there shall be substituted the words “the council of the borough,”.

3 U.K. In section 4(3), before the word “district”, there shall be inserted the word “non-metropolitan”.

4 U.K. In section 6—

(a) in subsection (1)—

(i) for the words “the Greater London Council” there shall be substituted the words “a metropolitan district council”; and

(ii) the words after “below” shall be omitted;

(b) after that subsection there shall be inserted—

“(1A) The Minister shall not delegate functions to a council under subsection (1) above—

(a) with respect to a trunk road or land outside their area but within a non-metropolitan county or London borough, except with the consent of the council of that county or borough;

(b) with respect to a trunk road or land outside their area but within a metropolitan district except after consultation with the council of that district.”

(c) in subsection (5) for the words “the Greater London Council” there shall be substituted the words “a metropolitan district council”;

(d) in subsection (6) the words after “arrangements” in the third place where it occurs shall be omitted; and

(e) after that subsection there shall be inserted—

“(6A) No arrangements shall be entered into under subsection (6) above for the carrying out by a district council of any functions—

(a) with respect to a trunk road or land outside their area but within a non-metropolitan district, except with the consent of the council of the non-metropolitan district;

(b) with respect to a trunk road or land outside their area but within a metropolitan district, except after consultation with the council of the metropolitan district.”

5 U.K. At the end of section 8(4) there shall be inserted “; and the council of a metropolitan district may not enter into an agreement under this section with the council of another metropolitan district or of a county unless the districts are in the same county or in counties which adjoin each other or, as the case may be, the county in which the district is situated and the other county adjoin each other.”.

F10 6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 4 para. 6 repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch.9; S.I. 1992/2984, art. 2(2), Sch.2

7 U.K. In sections 31(7), 36(6), 40, 172(1), 188(1), 190(1), 191(1) and (3), 192(1) and (3), 193(1) and (2), 194(1) and (2), 195(3), 197(2) and (3), 198, 199 and 200(2) and (3), after the word “county”, there shall be inserted the words “, metropolitan district”.

8 U.K. In section 34, after the words “county council,” there shall be inserted the words “a metropolitan district council,”.

9 U.K. In section 35, in subsections (1)(a) and (b) and 3(d) and (e) before the word “district”, and in subsection (7) before the word “district” in the first two places where it occurs, there shall be inserted the word “non-metropolitan”.

10 U.K. In section 39, after the words “county council”, there shall be inserted the words “or metropolitan district council”.

11 U.K. In section 42(1) and (3), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

12 U.K. In section 43(2), before the word “district”, there shall be inserted the word “non-metropolitan”.

13 U.K. In section 45—

(a) in subsections (4) and (6) for the word “county” there shall be substituted the words “non-metropolitan county, metropolitan district”;

(b) in subsections (7) and (8) for the word “county” there shall be substituted the words “non-metropolitan county or metropolitan district”; and

(c) in subsection (12), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

14 U.K. In section 50, in subsection (2), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

15 U.K. In section 61, before the word “district” in each place where it occurs there shall be inserted the word “non-metropolitan”.

16 U.K. In section 64(5) for the words “subsections (1) to (4)” there shall be substituted the words “subsections (1) to (3)”.

17 U.K. In section 66(6), after the word “county” in both places where it occurs, there shall be inserted the words “or metropolitan district”.

18 U.K. In section 79(3), before the word “district” there shall be inserted the word “non-metropolitan”.

19 U.K. In sections 80(4), 195(1)(b), 254(2)(b) and 271(1)(ii) and paragraph 1 of Schedule 15 after the word “county”, there shall be inserted the words “or metropolitan district”.

20 U.K. In section 95(1), in paragraph (a), after the word “county”, there shall be inserted the words “or metropolitan district”, and in paragraph (c) for the words “any other” there shall be substituted the word “a”.

21 U.K. At the end of section 100(6) there shall be inserted “; and where the highway authority are a metropolitan district council they shall, before so exercising any powers under that Act, give such notice to the water authority within whose area the powers are proposed to be exercised.”.

22 U.K. In section 114(1), (3) and (4), after the words “county council” there shall be inserted the words “or metropolitan district council”.

23 U.K. In section 115H, in subsection (1) for the words “subsections (2) and (3)” there shall be substituted the words “subsection (3)”; and in subsection (3) for the words from the beginning to “as” there shall be substituted

“Subsection (1) above shall have effect in relation to a highway—

(a) to which this Part of this Act applies; and

(b) in relation to which there is no pedestrian planning order in force, as”

24 U.K. In section 116—

(a) in subsection (1) for the word “appropriate” there shall be substituted the word “highway”; and

(b) for paragraph (a) of subsection (3) there shall be substituted—

“(a) if the highway is in a non-metropolitan district, the council of that district; and”

25 E+W In sections . . . F11 143(1)(a), 146(2)(a) and (5)(b), 147(1)(a), F12 . . . and 175, before the word “district”, there shall be inserted the word “non-metropolitan”.

Textual Amendments

F11 Words repealed by Rights of Way Act 1990 (c.24, SIF 59), s. 6(5)

F12 Words in Sch. 4 para. 25 repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch.9; S.I. 1992/2984, art. 2(2), Sch. 2

26 U.K. In section 151(1)(a) for the words after “also” there shall be substituted the words “, if the street is situated in a non-metropolitan district, the council of that district; and”.

27 U.K. In section 154(1)(b) for the words after “also” there shall be substituted the words “, if the highway is situated in a non-metropolitan district, the council of that district;”.

F13 28 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 4 para. 28 repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch.9; S.I. 1992/2984, art. 2(2), Sch.2

F14 29 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 4 para. 29 repealed (25.9.1991) (subject to savings in s. 81(2)) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 84(6), Sch. 19, Pt.V (with s. 84(5)); S.I. 1991/2067, art.3

F15 30 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Sch. 4 para. 30 repealed (25.9.1991) (subject to savings in s. 81(2)) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 84(6), Sch. 19, Pt.V, (with s. 84(5)); S.I. 1991/2067, art.3

F16 31 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Sch. 4 para. 31 repealed (25.9.1991) (subject to savings in s. 81(2)) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 84(6), Sch. 19, Pt.V, (with s. 84(5)); S.I. 1991/2067, art.3

F17 32 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 4 para. 32 repealed (25.9.1991) (subject to savings in s. 81(2)) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 84(6), Sch. 19, Pt.V, (with s. 84(5)); S.I. 1991/2067, art.3

33 U.K. In section 203(3) in the definition of “street works authority” after the word “county”, there shall be inserted the words “or metropolitan district”.

34 U.K. In sections 205(5) and 210(2) for the words after “also” there shall be substituted the words “, in the case of a street situated in a non-metropolitan district, at the offices of the council of that district.”.

35 U.K. In sections 220(2) and 223(6), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

36 U.K. In section 230(7), after the word “concerned”, there shall be inserted the words “is situated in a non-metropolitan district and”.

37 U.K. In section 263(5), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

38 U.K. In 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”.

39 U.K. In section 285—

(a) in subsection (1) for the words from “either” to “are” in the first place where it occurs there shall be substituted the words “the Minister of Transport, after consultation with the highway authority, is”, and in paragraph (b) of that subsection for the word “are” in both places where it occurs there shall be substituted the word “is”;

(b) in subsection (4) for the words “or the Council execute or propose” there shall be substituted the words “executes or proposes”;

(c) in subsection (5) for the words “or the Council execute” there shall be substituted the word “executes”; and

(d) in subsection (6) for the words “or the Council proceed” there shall be substituted the word “proceeds”.

40 U.K. In section 298(1), before the word “district”, there shall be inserted the word “non-metropolitan”.

41 U.K. In section 330(1), after the words “county council” in both places where they occur, there shall be inserted the words “or metropolitan district council”.

42 U.K. In paragraph 1 of Schedule 7, before the words “district council”, there shall be inserted the word “non-metropolitan”.

43 U.K. In paragraph 1(d) of Schedule 12 for the words from “road” to “is” there shall be substituted the words “road in a non-metropolitan district, to the district council, and if the highway is a classified road”.

44 U.K. In paragraph 1 of Schedule 23 for the words “they have” there shall be substituted the words “it has”.

Part II U.K. Amendments of Other Enactments

F18 45 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Sch. 4 para. 45 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Group 1.

46 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Textual Amendments

F19 Sch. 4 para. 46 repealed by Electricity Act 1989 (c.29, SIF 44:1), s. 112(3)(4), Sch. 17 paras. 33, 35(1), Sch. 18

F20 47 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Sch. 4 para. 47 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3(1), 4(2), Sch. 3 Pt.I (with Sch. 2, paras. 10, 14(1), 15).

F21 48 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Sch. 4 para. 48 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group 1.

49 U.K. In section 5(1) of the M4 Parish Councils Act 1957, in the second column of the Table, after the words “county council”, there shall be inserted the words “or metropolitan district council”.

Marginal Citations

M4 1957 c. 42.

50 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Textual Amendments

F22 Sch. 4 para. 50 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

51 U.K. In section 19(1) of the M5 Land Compensation Act 1973—

(a) at the end of paragraph (a) of the definition of “the appropriate highway authority”, there shall be inserted the words “or any other authority to which the functions of that authority in relation to that highway are transferred by virtue of the Local Government Act 1985”; and

(b) at the end of paragraph (b) of that definition, there shall be inserted the words “or any other authority to which the functions of that authority in relation to that highway are transferred by virtue of that Act”.

Marginal Citations

M5 1973 c. 26.

Part III E+W Supplementary Provisions

52 E+W Where by virtue of this Act the functions of a highway authority are transferred to other highway authorities any rights of the transferor authority under section 82(2) of the M6 Public Health Act 1961 shall become rights of each of the transferee authorities affected by the local Act in question.

Marginal Citations

M6 1961 c. 64.

F23 53 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Sch. 4 para. 53 repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(b), 423, Sch. 34 Pt. VI (with s. 294(2)-(8), Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

54 (1) Where a bridge carries a highway for which the Secretary of State is not the highway authority and part of the bridge is situated in one metropolitan district and part in another in the same county, the highway authority for the highway carried by the bridge and the approaches to it is such one of the councils of those districts as may be agreed between them before such a day as the Secretary of State may by order appoint or, in default of such agreement, as may be determined by the Secretary of State. E+W

(2) Where a bridge carries a highway to which this sub-paragraph applies and part of the bridge is situated in one London borough and part in another, the highway authority for the highway carried by the bridge and the approaches to it is such one of the councils of those boroughs as may be agreed between them before such a day as the Secretary of State may by order appoint or, in default of such agreement, as may be determined by the Secretary of State.

(3) Sub-paragraph (2) above applies to a highway which—

(a) immediately before the abolition date is a metropolitan road; and

(b) does not on that date become a trunk road by virtue of an order under paragraph 53(2) above.

(4) Where the Secretary of State has made a determination under sub-paragraph (1) or (2) above, the determination—

(a) may be varied at the request of either of the councils concerned; and

(b) shall be varied to give effect to any request made jointly to the Secretary of State by both those councils;

and any such variation shall take effect on the 1st April falling not less than 3 months, and not more than 15 months, after the date on which the determination is varied.

(5) In sub-paragraph (2) above references to a London borough include references to the City and references to the council of a London borough include references to the Common Council; and in sub-paragraph (4) above references to councils shall be construed accordingly.

(6) Without prejudice to section 3(3) of the M7 Highways Act 1980, where a bridge carries a highway for which the Secretary of State is not the highway authority and sub-paragraphs (1) and (2) above do not apply, but some part of one or more of the approaches to the bridge lies in a metropolitan district or London borough different from that in which the bridge itself is situated, the highway authority for the whole of that approach or those approaches is the council of the metropolitan district or London borough in which the bridge is situated.

(7) For the purposes of this paragraph, the approaches to a bridge consist of so much of the highway or highways on either side of the bridge as is situated within 100 yards of either end of the bridge.

Marginal Citations

M7 1980 c. 66.

55 E+W In the foregoing provisions of this Part of this Schedule “bridge”, “highway”, “proposed highway” and “trunk road” have the same meaning as in the Highways Act 1980 and “metropolitan road” has the meaning which, but for the provisions of this Act, it would continue to have in that Act.

56 (1) Subject to the following provisions of this paragraph— E+W

(a) any agreement made between the Secretary of State or the Minister of Transport and a metropolitan county council under subsection (1) or (5) of section 6 of the Highways Act 1980, and

(b) any arrangements made by a metropolitan county council with a district council under subsection (6) of that section,

shall, if subsisting immediately before the abolition date, cease to have effect on that date; and where any such agreement ceases to have effect under this sub-paragraph anything done before the abolition date by or in relation to the metropolitan county council in respect of the agreement shall have effect as if done by or in relation to the Secretary of State.

(2) Subject to sub-paragraph (4) below, the Secretary of State may by order provide that any such agreement specified in the order shall have effect as from the abolition date as an agreement between the Secretary of State and a metropolitan district council or non-metropolitan county council specified in the order (a “successor council”) or as two or more separate agreements, each being between the Secretary of State and a successor council.

(3) An order under this paragraph in respect of an agreement may—

(a) provide that anything done by or in relation to the metropolitan county council in respect of the agreement shall have effect as if done by or in relation to any successor council or councils;

(b) modify or exclude any term of the agreement in relation to any successor council or councils;

(c) make provision in respect of any arrangements made by the metropolitan county council under section 6(6) of the said Act of 1980 in relation to the agreement;

(d) include such other incidental, consequential, transitional or supplementary provision as appear to the Secretary of State to be necessary or expedient.

(4) All rights of a metropolitan county council arising from or in connection with any such agreement as is mentioned in sub-paragraph (1) above to receive payments from the Secretary of State and all liabilities of such a council arising as aforesaid to make payments to him (being rights and liabilities attributable to anything done or omitted under or in respect of any such agreement before the abolition date) shall be transferred on that date to the appropriate residuary body; and accordingly as from that date any such agreement shall have effect as respects such rights and liabilities as an agreement between the Secretary of State and the appropriate residuary body.

57 E+W The Secretary of State may by order provide that any agreement specified in the order and made before the abolition date between him and a metropolitan county council in pursuance of regulation 14 of the M8 Noise Insulation Regulations 1975 (local authorities as agents of highway authorities) shall cease to have effect on that date.

Marginal Citations

M8 S.I. 1975/1763.

Section 8.

SCHEDULE 5 U.K. Road Traffic

Part I U.K. Amendments of Enactments

The Chronically Sick and Disabled Persons Act 1970 U.K.

1 U.K. In section 21(8) of the Chronically Sick and Disabled Persons Act 1970, after the word “county”, there shall be inserted the words “or metropolitan district”.

2 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

Textual Amendments

F24 Sch. 5 para. 2 repealed by Road Traffic (Consequential Provisions) Act 1988 (c.54, SIF 107:1), ss. 3(1), 5, Sch. 1 Pt. I, Sch. 4 paras. 1, 2

The Public Passenger Vehicles Act 1981 U.K.

3 (1) The Public Passenger Vehicles Act 1981 shall be amended as follows. U.K.

(2) In section 5(3)(b) for the words “and Wales county councils and the Greater London Council” there shall be substituted the words “non-metropolitan county councils, in Wales county councils”.

(3) For section 31(4)(a) there shall be substituted—

“(a) in metropolitan counties, metropolitan county passenger transport authorities;”

(4) In section 38(8), in the definition of “local authority”, after the words “county council”, there shall be inserted the words “or metropolitan district council”.

(5) In section 40(2)(c)(i), before the word “district”, there shall be inserted the word “non-metropolitan”.

(6) In section 47(7) in the definition of “local authority”, for the words “a county council or the Greater London Council” there shall be substituted the words “the council of a county, metropolitan district or London borough and the Common Council of the City of London”.

(7) In Schedule 1, in paragraph 2(2)(a), for the words “the Greater London Council or a county council” there shall be substituted the words “the council of a county, metropolitan district or London borough and the Common Council of the City of London”.

(8) In Schedule 4, in paragraphs 2(1)(b) and 4(b), before the word “district” there shall be inserted the word “non-metropolitan”.

The Road Traffic Regulation Act 1984 U.K.

4 (1) The Road Traffic Regulation Act 1984 shall be amended as follows. E+W+S

F25 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 6—

F25 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for subsection (3)(a) there shall be substituted—

“(a) to the whole area of a local authority, or to particular parts of that area, or to particular places or streets or parts of streets in that area;”.

(4) In section 9(5) for the words “the Greater London Council” there shall be substituted the words “a London borough council or the Common Council of the City of London”; and for the words “the Council” in each place where they occur there shall be substituted the words “the council”.

(5) In section 10(5) for the words “the Greater London Council” there shall be substituted the words “a London borough council or the Common Council of the City of London”; and for the words “that Council” there shall be substituted the words “that council”.

(6) In section 12—

(a) in subsection (1) for the words “the Greater London Council” and “that Council” there shall be substituted the words “the local authority” and “that authority” respectively;

F25 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in subsection (3) for the words “the Council’s” and “the Council” there shall be substituted the words “the local authority’s” and “the authority” respectively;

(d) in subsection (6) for the words “the Greater London Council” there shall be substituted the words “the local authority”; and

(e) for subsection (10) there shall be substituted—

“(10) In this section—

• “the commissioner of police”, in relation to the metropolitan police district, means the commissioner of police of the metropolis and, in relation to the City of London, means the commissioner of police for the City of London; and

• “local authority” means the council of a London borough or the Common Council of the City of London.”

F26 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In section 26—

(a) in subsection (2)(a), after the word “county”, there shall be inserted the words “or metropolitan district”;

(b) in subsection (4)(a), after the word “county” in the first place where it occurs there shall be inserted the words “or metropolitan district”, and for the words “or in the” there shall be substituted the words “, metropolitan district or”; and

(c) in subsection (5)(a) for the words “as respects places in the county” there shall be substituted the words “or metropolitan district as respects places in the county or district”.

F25 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) In section 31(2) for the words after “confirmation” there shall be substituted the words “by the Secretary of State”.

(14) In section 36(3), before the word “district”, there shall be inserted the word “non-metropolitan”.

F25 (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16) In section 39—

(a) in subsection (3), after the words “district council”, there shall be inserted the words “, other than a metropolitan district council,”;

(b) in subsection (4)—

(i) after “32” there shall be inserted “or 35”;

(ii) before the word “district” in the second place where it occurs there shall be inserted the word “non-metropolitan”; and

(iii) the words “or Wales” shall be omitted; and

(c) in subsection (6), after the words “district council” in the first place where they occur, there shall be inserted the words “, other than a metropolitan district council,”.

(17) In section 43—

(a) in subsection (1) for the words “the Council”, in both places where they occur, there shall be substituted the words “the local authority”;

(b) in subsection (6) for the words “the Council” there shall be substituted the words “a local authority”, and the words “comprised within the area of a particular local authority” in paragraph (a) and the words after paragraph (c) shall be omitted;

(c) in subsection (13) for the words “the Council” there shall be substituted the words “the local authority”;

(d) in subsection (14) the definitions of “the Common Council” and “the Council” shall be omitted, and for the definition of “local authority” there shall be substituted—

““local authority” means the council of a London borough or the Common Council of the City of London;”; and

(e) in subsection (15) for the words “the Council” there shall be substituted the words “a local authority”, and after the word “designated” there shall be inserted the words “by the local authority”.

(18) In section 44—

(a) in subsection (1) for paragraph (a) there shall be substituted—

“(a) in English counties, by the county council or metropolitan district council, and in Welsh counties, by the county council; and”

(b) in subsection (3) for paragraph (b) there shall be substituted—

“(b) may in relation to non-metropolitan counties in England and counties in Wales provide for certain functions of local authorities under the London provisions in respect of areas designated as controlled areas to be conferred on district councils or on both county councils and district councils, and may in consequence of any such distribution of functions make such incidental and supplementary provision as appears to Her Majesty to be necessary or expedient;”

(19) In section 45—

F25 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (7)(a), after the word “county”, there shall be inserted the words “, metropolitan district”.

(20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

(21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

(22) In section 55(4)(c) for the words “any county council, to the Greater London Council” there shall be substituted the words “the council of any county, metropolitan district or London borough or to the Common Council of the City of London”.

(23) In section 58(1), in the second column of the Table, after the words “county council”, there shall be inserted the words “or metropolitan district council”.

(24) In section 59—

(a) in subsection (1), after the word “county” in the first place where it occurs there shall be inserted the words “or metropolitan district”, and after the words “county council” there shall be inserted the words “or metropolitan district council”.

(b) in subsection (2)—

(i) in paragraph (a), after the words “the county council” in the first place where they occur, there shall be inserted the words “or metropolitan district council”, and for the words “the county council” in the second place where they occur there shall be substituted the words “that council”;

(ii) in paragraph (b) for the words “send a copy of that application” there shall be substituted the words “in the case of an application to a county council, send a copy of it”; and

(iii) before the words “the county council” in the third place where they occur there shall be inserted the words “, in that case,”;

(c) in subsection (4), after the words “county council” in both places where they occur, there shall be inserted the words “or metropolitan district council”;

(d) in subsection (5), after the words “county council”, there shall be inserted the words “or metropolitan district council”;

(e) in subsection (6), after the words “county council” in each place where they occur, there shall be inserted the words “or metropolitan district council”; and

(f) in subsection (7), after the words “county council”, there shall be inserted the words “or metropolitan district council”.

(25) In section 61(1) for the words “a county council or the Greater London Council” there shall be substituted the words “the council of a county, metropolitan district or London borough or the Common Council of the City of London”.

(26) In section 73—

(a) for subsection (1) there shall be substituted—

“(1) In connection with any order under section 6 or 9 of this Act made or proposed by them, the council of a London borough and the Common Council of the City of London may, as respects any road in their area which is not a trunk road affix any traffic sign to any lamp-post or other structure in the highway, whether or not belonging to the council.”; and

(b) in subsection (2) for the words from “Greater London” to “Council” there shall be substituted the words “their area which is required in connection with an order under section 6 or 9 of this Act, it shall be the duty of the council of a London borough and of the Common Council of the City of London”.

(27) In section 74(1) for the words “Greater London” there shall be substituted the words “their area”, and the words “the Greater London Council or” and “, as the case may be,” shall be omitted.

(28) In section 78(2), after the word “county” in the first place where it occurs, there shall be inserted the words “or metropolitan district”.

F25 (29) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(30) For section 94 there shall be substituted—

“94 Bollards and other obstructions in Greater London.

(1) Where an order under section 6 or 9 of this Act is made or proposed to be made by the Secretary of State, he may, to such extent as he considers necessary in connection with the order, authorise or require any person who is responsible for the maintenance of any road in Greater London which is not a trunk road—

(a) to place on the carriageway such bollards or other obstructions as the Secretary of State may consider appropriate for preventing the passage of vehicles, or vehicles of any class, at any point at which their passage (whether in any direction or in one direction only) is prohibited by any such order, and to maintain and light those obstructions; or

(b) to remove any obstruction placed by that person in pursuance of an authorisation or a requirement under this subsection.

(2) Where an order under section 6 or 9 of this Act is made or proposed to be made by the council of a London borough, they may, to such extent as they consider necessary in connection with the order, authorise or require any person who is responsible for the maintenance of any road in their area which is not a trunk road and for which they are not the highway authority—

(a) to place on the carriageway such bollards or other obstructions as they may consider appropriate for preventing the passage of vehicles, or vehicles of any class, at any point at which their passage (whether in any direction or in one direction only) is prohibited by any such order, and to maintain and light those obstructions; or

(b) to remove any obstruction placed by that person in pursuance of an authorisation or a requirement under this subsection.

(3) Subsections (2) and (3) of section 92 of this Act shall apply in relation to the placing of bollards or other obstructions under subsection (1) or (2) above, as if for any reference in them to subsection (1) of that section there were substituted a reference to subsection (1) or (2) above.

(4) To such extent as the Secretary of State or, as the case may be, the council of a London borough may consider necessary in connection with an order under section 6 or 9 of this Act, whether made or proposed to be made by the Secretary of State or that council—

(a) the Secretary of State may do with respect to any trunk road anything which he might under subsection (1)(a) above require to be done with respect to any other road; and

(b) the council of the London borough may do with respect to any road in their area which is not a trunk road and for which they are the highway authority anything which they might under subsection (2)(a) above require to be done with respect to a road for which they are not the highway authority.

(5) If a person fails to comply with a requirement to carry out any work under subsection (1) or (2), above, the Secretary of State or, as the case may be, the council of the London borough may carry out the work, and the expenses incurred by the Secretary of State or that council in doing so shall be recoverable summarily as a civil debt from that person.

(6) Section 79 of this Act shall apply in relation to any such obstruction as is mentioned in subsection (1) or (2) above as it applies in relation to traffic signs; and the power of the Secretary of State under that section to make advances towards expenses incurred in relation to traffic signs shall be exercisable with respect to any expenses incurred by the council of a London borough by virtue of subsection (4) above.

(7) In this section references to the council of a London borough include references to the Common Council of the City of London.”

(31) In section 100—

(a) in subsection (2), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”; and

(b) in subsection (5)(a) for the words “the Greater London Council or the council of a county” there shall be substituted the words “the council of a county, metropolitan district or London borough or the Common Council of the City of London”.

(32) In section 102(6) for the words from “by” in the first place where it occurs to “district” in the first place where it occurs there shall be substituted the words “by the council of a non-metropolitan district”.

F25 (33) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(34) In section 122(1) for the words “the Greater London Council and of every other” there shall be substituted the word “every”.

(35) In section 125(4), after the word “county”, there shall be inserted the words “metropolitan district,”.

(36) In section 129(4) for the words “the Greater London Council or any other” there shall be substituted the word “a”; and the words “council or” shall be omitted.

F25 (37) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(38) In Schedule 4—

(a) in paragraph 1—

(i) for the words “the Council” in each place where they occur there shall be substituted the words “the local authority”; and

(ii) the words from “and to each” to “controlled area” shall be omitted;

(b) in paragraphs 2 to 6 for the words “the Council” in each place where they occur there shall be substituted the words “the local authority”;

(c) in paragraph 8 for the words “Greater London” there shall be substituted the words “their area”;

(d) in paragraphs 15, 19 and 20(a) for the words “the Council” there shall be substituted the words “the local authority”.

(39) In Schedule 9—

(a) for paragraph 1 there shall be substituted—

“1 Subject to paragraphs 8 and 26 of this Schedule, the Secretary of State, after consultation with a local authority having power to make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, 19, 32, 35, 37, 38, 45, 46, 49(2) and (4), 53, 83(2) and 84 (in this Part of this Schedule referred to as an “authorised authority”) may give to that authority a direction under paragraph 2 below with respect to any of those provisions.”

(b) in paragraph 4, for the words “the Greater London Council” in sub-paragraph (a) there shall be substituted the words “the council of a London borough or the Common Council of the City of London under section 6, 9, 45, 46, 49(2) or (4), 83(2) or 84 of this Act”, and the words “the Council or, as the case may be,” in that sub-paragraph and the words “Council or” in sub-paragraph (b) shall be omitted;

(c) in paragraph 5(1) for the words “the Greater London Council” there shall be substituted the words “the council of a London borough or the Common Council of the City of London”, and for the words “Greater London” in both places where they occur there shall be substituted the words “their area”;

(d) in paragraph 6(1)(c) for the number “50” in the first place where it occurs there shall be substituted the number “49”, and the words “, or on the application of,” and the words after “authority” shall be omitted.

(e) in paragraph 12(a), after the words “county council”, there shall be inserted the words “or metropolitan district council”;

(f) in paragraph 13(1) for the words “the Greater London Council” there shall be substituted the words “the council of a London borough and the Common Council of the City of London”;

(g) in paragraph 14 for the words “the Greater London Council” there shall be substituted the words “the council of a London borough or the Common Council of the City of London”, and the number “50,” shall be omitted;

(h) in paragraph 20(1) for the words “the Greater London Council or any other” there shall be substituted the word “a”, and the number “50,” shall be omitted;

(i) in paragraph 21 for the words “the Greater London Council” there shall be substituted the words “the council of a London borough and the Common Council of the City of London”; and

(j) in paragraph 23(1) for the words “the Greater London Council” there shall be substituted the words “the council of a London borough or the Common Council of the City of London”, and for the words “that Council” in both places where they occur there shall be substituted the words “that council”.

Textual Amendments

F25 Sch. 5 para. 4(2)(3)(a)(6)(b)(8)(9)(11)(12)(15)(19)(a)(29)(33)(37) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9; S.I. 1991/2288, art. 3, Sch.

F26 Sch. 5 para. 4(7) repealed (1.7.1992) by Road Traffic (Temporary Restrictions) Act 1991 (c. 26), s. 2(2), Sch. 2; S.I. 1992/1218, art. 2

F27 Sch. 5 para. 4(20) repealed by Road Traffic Regulations (Parking) Act 1986 (c.27, SIF 107:1), s. 3(2)(3)(4)

F28 Sch. 5 para. 4(21) repealed by Road Traffic (Consequential Provisions) Act 1988 (c.54, SIF 107:1), ss. 3(1) 5, Sch. 1 Pt. I, Sch. 4 paras. 1, 2

F29 Part II E+W Supplementary Provisions Relating To Road Traffic

Textual Amendments

F29 Sch. 5 Pt. II repealed (so far as relating to Greater London) (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with s. 294(2)-(8), Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

Designation of roads in Greater London E+W

F30 5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30 Sch. 5 para. 5 repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

Guidance as to exercise of traffic powers in Greater London and metropolitan counties E+W

6 (1) For the purpose of ensuring that the exercise by a council in [F31 Greater London or] a metropolitan county of the traffic powers specified below in relation to councils of its class does not have an adverse effect on traffic or any class of traffic or parking places or any class of parking place in any part of F31 . . . that county, other than the area of that council, the Secretary of State may issue guidance as to the manner in which, in relation to roads [F32 other than those for which he is the traffic authority]— E+W

F33 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the councils of metropolitan districts should exercise their powers to make, vary or revoke orders under or by virtue of sections 1, 9, 19, 32, 35, 37, 38, 45, 46, 49(2) and (4), 53, 83(2) and 84 of that Act.

(2) Before issuing any such guidance the Secretary of State shall consult—

(a) the chief officers of police for the areas to which the guidance relates; [F34 and]

F34 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F35 . . . the council of a metropolitan district shall, before exercising any power specified in sub-paragraph (1)(b) above—

(a) have regard to any guidance issued to it under this paragraph;

(b) have regard to any direct effect which the proposed exercise would have on traffic or any class of traffic—

(i) on a [F36 road for which the Secretary of State is the traffic authority]; or

(ii) on any other road in the area of another local authority;

(c) if the proposed exercise would have such an effect, consult the Secretary of State in the case of a [F37 road for which he is the traffic authority], or the other local authority in the case of any other road; and

(d) comply with procedures prescribed by regulations made by the Secretary of State.

(4) Where the council of a F38 . . . metropolitan district takes any action which, in the opinion of the Secretary of State—

(a) is contrary to any guidance issued to the council under this paragraph; and

(b) has or is likely to have an adverse effect on traffic or any class of traffic or parking places or any class of parking place in any part of F38 . . . that county, other than the area of that council,

the Secretary of State may, after consulting the council, direct it to take such steps within a period specified by him as may be necessary to conform with that guidance.

(5) If, in the opinion of the Secretary of State, a council fails to comply with a direction under sub-paragraph (4) above, he may exercise any of its powers for the purpose of giving effect to the direction; and any expenses reasonably incurred by him in doing so shall be recoverable by him from the council [F39 as a debt due to the Crown].

(6) Where, in the opinion of the Secretary of State—

(a) the council of a F40 . . . metropolitan district fails to act in accordance with any guidance issued to it under this paragraph; and

(b) that failure has or is likely to have such an adverse effect as is mentioned in sub-paragraph (4)(b) above,

the Secretary of State, after consulting the council, may exercise any of its powers for the purpose of conforming with that guidance; and any expenses reasonably incurred by him in doing so (including any expenses reasonably incurred in maintaining any traffic signs placed, or in continuing or maintaining any works commenced, by virtue of this sub-paragraph) shall be recoverable by him from the council summarily as a civil debt.

F41 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31 Words in Sch. 5 para. 6(1) repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

F32 Words in Sch. 5 para. 6(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Pt. IV, para. 116(2); S.I. 1991/2288, art. 3, Sch.

F33 Sch. 5 para. 6(1)(a) repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

F34 Sch. 5 para. 6(2)(b) and the word “and” immediately preceding it repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

F35 Words in Sch. 5 para. 6(3) repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch Pt. III

F36 Words in Sch. 5 para. 6(3)(b)(i) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Pt. IV, para. 116(3)(a); S.I. 1991/2288, art. 3, Sch.

F37 Words in Sch. 5 para. 6(3)(c) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Pt. IV, para. 116 (3)(b); S.I. 1991/2288, art. 3, Sch.

F38 Words in Sch. 5 para. 6(4) repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

F39 Words in Sch. 5 para. 6(5) substituted (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 81, Sch. 7 para. 9(2) (with s. 79(1)); S.I. 1991/2054, art. 3, Sch.

F40 Words in Sch. 5 para. 6(6)(a) repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

F41 Sch. 5 para. 6(7) repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

Procedures and objections E+W

7 (1) The power of the Secretary of State to make regulations under paragraph 21 or 23 of Schedule 9 to the 1984 Act (procedure as to certain orders) shall include power to make regulations for the purpose of sub-paragraph (3) of paragraph 6 above; and any such regulations for that purpose shall include provision by which a local authority required to be consulted under that sub-paragraph in connection with a proposed exercise of power may object to that exercise. E+W

(2) Where such a local authority objects in accordance with regulations under the said paragraph 21 or 23 to a proposed exercise of power by the council of a F42 . . . metropolitan district, that council shall notify the Secretary of State of its proposal and of the objection, unless either of them is withdrawn, and shall give him such particulars of them as he may require.

(3) Upon receipt of a notification under sub-paragraph (2) above, the Secretary of State shall determine whether the proposal in question should be abandoned or implemented, with or without modifications; and the council making the proposal shall comply with any such determination.

(4) To assist him in making a determination the Secretary of State may consult such persons or bodies as he thinks fit and may hold an inquiry; and the provisions of section 129(1) to (3) of the 1984 Act shall apply in relation to an inquiry held under this paragraph as they apply to an inquiry held under that Act.

Textual Amendments

F42 Words in Sch. 5 para. 7(2) repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

Application of Part VI of Schedule 9 to the 1984 Act E+W

8 E+W Part VI of Schedule 9 to the 1984 Act (validity of certain orders) shall apply to an order made by the Secretary of State by virtue of paragraph 6(5) or (6) above and falling within paragraph 34(1) of that Part as it applies to an order made by him by virtue of paragraph 3 of Part I of that Schedule.

Supplementary E+W

9 E+W In exercising any power under or by virtue of paragraph 6 or 7 above in relation to a council the Secretary of State shall have regard to the duty of that council under section 122 of the 1984 Act; and in the event of any conflict between that duty and any provision of those paragraphs, that provision shall prevail.

Reserve powers of the Secretary of State as to traffic control systems in Greater London and metropolitan counties E+W

10 (1) Where the Secretary of State is not satisfied in the case of F43 . . . a metropolitan county that all the local authorities in that area have made joint arrangements for the exercise of such of their functions under Part V of the 1984 Act as are necessary to secure the control, management, development and extension of any system of traffic control which relates to two or more of those authorities, he may make an order under this paragraph. E+W

(2) An order under this paragraph may transfer to the Secretary of State such functions of the local authorities in question under that Part of that Act as he considers necessary to enable him to secure the control, management, development and extension of that system.

(3) The Secretary of State may delegate, with or without restrictions, the exercise of any function transferred to him under this paragraph to the local authority from which it was transferred.

(4) Before exercising any function transferred to him under this paragraph, the Secretary of State shall consult any local authority appearing to him to be likely to be affected unless it appears to him that the exercise of the function will only have a temporary effect on the system of traffic control in question; and any local authority from which a function has been so transferred shall consult the Secretary of State before exercising any function under the 1984 Act in any manner which may affect the exercise by the Secretary of State of any function so transferred.

(5) Any expenses reasonably incurred by the Secretary of State in exercising the functions transferred by an order under this paragraph may be recovered by him from the local authorities from which the functions were transferred in such proportions as may be agreed between the local authorities or, in default of agreement, as may be determined by him.

(6) A sum recoverable by the Secretary of State under sub-paragraph (5) above may be recovered by him [F44 as a debt due to the Crown].

(7) The Secretary of State shall revoke an order made under this paragraph in relation to a system of traffic control in operation in F43 . . . a metropolitan county if at any time he is satisfied that all the local authorities in that area have made joint arrangements for the exercise of such of their functions under Part V of the 1984 Act as are necessary to secure the control, management, development and extension of the system.

(8) An order under this paragraph 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 provision amending any enactment or any instrument made under any enactment.

Textual Amendments

F43 Words in Sch. 5 para. 10(1)(7) repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

F44 Words in Sch. 5 para. 10(6) substituted (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 81, Sch. 7 para. 10 (with s. 79(1)); S.I. 1991/2054, art. 3, Sch.

Information E+W

11 E+W The council of a F45 . . . metropolitan district shall furnish the Secretary of State with such information as he may request for the purpose of exercising his powers under paragraphs 6(4), (5) and (6) and 10 above; and if any such information is not furnished by the council within a time specified by the Secretary of State, he may take such steps as he considers necessary or expedient to obtain the information himself and may recover from the council [F46 as a debt due to the Crown] any expenses reasonably incurred by him in doing so.

Textual Amendments

F45 Words in Sch. 5 para. 11 repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

F46 Words in Sch. 5 para. 11 substituted (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 81, Sch. 7 para. 11 (with s. 79(1)); S.I. 1991/2054, art. 3, Sch.

Transitional provisions concerning certain orders under the 1984 Act E+W

12 (1) After the passing of this Act a metropolitan county council F47 . . . shall obtain the consent of the Secretary of State before making any order to which this paragraph applies if an objection to the council’s proposal to make the order has been duly made by a successor authority (whether before or after the passing of this Act) and has not been withdrawn; and for the purposes of this provision an objection is not duly made unless it is made in accordance with regulations made or having effect as if made under paragraph 21 or, as the case may be, 23 of Schedule 9 to the 1984 Act. E+W

(2) The orders to which this paragraph applies are—

(a) in the case of a metropolitan county council those made under or by virtue of section 1, 9, 19, 32, 35, 37, 38, 45, 46, 49(2) or (4), 53, 83(2) or 84 of the 1984 Act; [F48 and]

F48 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this paragraph “successor authority” means—

F49 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in relation to a metropolitan county council, the council of a metropolitan district to which the order relates.

(4) In relation to any order to which Part VI of Schedule 9 to the 1984 Act (validity of orders) applies the requirements of this paragraph shall be included amongst the requirements which are the relevant requirements for the purposes of that Part.

Textual Amendments

F47 Words in Sch. 5 para. 12(1) repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

F48 Sch. 5 para. 12(2)(b) and the word “and” immediately preceding it repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

F49 Sch. 5 para. 12(3)(a) repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423 Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

Interpretation E+W

13 E+W In this Part of this Schedule—

(a) “the 1984 Act” means the M9 Road Traffic Regulation Act 1984;

(b) “parking place”, “traffic sign” and “road” have the meanings assigned to them respectively by sections 32(4)(b), 64(1) and 142(1) of the 1984 Act;

(c) “local authority” means the council of a metropolitan district F50 . . .; F51 . . .

F51 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50 Words in Sch. 5 para. 13(c) repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

F51 Sch. 5 para. 13(d) and the word “and” immediately preceding it repealed (3.7.2000) by 1999 c. 29, ss. 294(1)(c), 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. III

Marginal Citations

M9 1984 c. 27.

Commencement E+W

14 E+W Any power conferred on the Secretary of State by this Schedule may be exercised at any time after the passing of this Act so as to take effect on or after the abolition date.

Section 9.

SCHEDULE 6 U.K. Waste Regulation and Disposal

The London Government Act 1963 U.K.

1 U.K. For paragraph 4 of Part II of Schedule 11 to the London Government Act 1963 there shall be substituted—

“4 Byelaws with respect to the construction and use of incinerators for the disposal of refuse in inner London boroughs and the City (being incinerators which are, or are in the nature of, buildings or structures or which form part of a building or structure) shall be made by the councils of those boroughs or the Common Council, as the case may be”

The Local Government Act M10 1972 U.K.

Marginal Citations

M10 1972 c. 70.

2 U.K. In Schedule 14 to the Local Government Act 1972—

(a) in paragraph 5, in sub-paragraph (1) for the words “in a county” there shall be substituted the words “in a non-metropolitan county” and in sub-paragraph (2) for the words “a county council” there shall be substituted the words “the council of a non-metropolitan county”;

(b) in paragraph 6(1) after the words “a local authority” there shall be inserted the words “in a non-metropolitan county”.

The Control of Pollution Act M11 1974 U.K.

Marginal Citations

M11 1974 c. 40.

3 (1) The Control of Pollution Act 1974 shall be amended as follows. U.K.

(2) In sections 2(3)(a)(ii) and (4), 12(2), (6) and (8) and 13(4) for the words “English disposal authority” there shall be substituted the words “English county disposal authority”.

(3) In section 5(4)(a) for the words “and any collection authority” there shall be substituted the words “, and in the case of an English county disposal authority any collection authority,”.

(4) In section 11(3)(c) for the words “and collection authority” there shall be substituted the words “, and in the case of an English county disposal authority each collection authority,”.

(5) In section 30(1) in the definition of “English collection authority” for the words “of which the area is in England” there shall be substituted the words “of which the area is in the area of an English county disposal authority” and for the definitions of “disposal authority”, “English disposal authority” and “relevant disposal authority” there shall be substituted—

““disposal authority” means the council of a county or metropolitan district in England, the council of a district in Wales, the council of a London borough and the Common Council of the City of London, ”English county disposal authority’ means the council of a county in England and ”relevant disposal authority’, in relation to an English collection authority, means the English county disposal authority whose area includes that of the collection authority;”

The Refuse Disposal (Amenity) Act M12 1978 U.K.

Marginal Citations

M12 1978 c. 3.

4 (1) The Refuse Disposal (Amenity) Act 1978 shall be amended as follows. U.K.

(2) In section 1(7) for the definition of “local authority” there shall be substituted—

““local authority” means, in relation to England, the council of a county, metropolitan district or London borough and the Common Council, and”

(3) In section 3(7) for the words “a district in England” there shall be substituted the words “a non-metropolitan district in England”.

(4) For section 4(8) there shall be substituted—

“(8) In this section ”local authority’ means, in relation to England, the council of a county, metropolitan district or London borough or the Common Council.”

(5) In section 5(4) for the definition of ”the appropriate authority’ there shall be substituted—

• ““the appropriate authority” means—

  (a)

  in the case of a vehicle removed in pursuance of section 3(1) above by a local authority in England other than the council of a non-metropolitan district, or by a local authority in Wales, the local authority; and

  (b)

  in the case of a vehicle so removed by the council of a non-metropolitan district in England, the county council; and”

(6) In section 5(5)(b) for the words “a district in England” there shall be substituted the words “a non-metropolitan district in England”.

The Litter Act M13 1983 U.K.

Marginal Citations

M13 1983 c. 35.

5 (1) In subsection (1)(a) of section 4 of the Litter Act 1983 for the words “the council of each county” there shall be substituted the words “the council of each non-metropolitan county” and for subsection (2) of that section there shall be substituted— U.K.

“(2) Subsection (1) above shall apply to a metropolitan county with the omission, as respects consultation, of references to the council of the county and as if the duty with respect to the statement mentioned in that subsection were a duty imposed jointly on the councils of the metropolitan districts comprised in the county; and that subsection shall apply to Greater London as if it were a county with the like omissions and as if that duty were imposed jointly on the councils of the London boroughs and the Common Council of the City of London.”

(2) In section 6(1) of that Act after the words “A county council” there shall be inserted the words “and a metropolitan district council”.

Section 11.

F52 SCHEDULE 7 U.K. Land Drainage

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

Textual Amendments

F52 Sch. 7 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3

Section 16.

SCHEDULE 8 U.K. Miscellaneous Functions

Public entertainments U.K.

1 (1) In Schedule 12 to the M14 London Government Act 1963— E+W

(a) in paragraph 1(1) for the words “premises in Greater London” there shall be substituted the words “premises in a London borough or the City of London” and for the words from “the Greater London Council” onwards there shall be substituted the words “the council of that borough or the Common Council, as the case may be, and that council or the Common Council is in this Schedule referred to as ”the Council”’;

(b) in paragraph 2(1) the word “and”, where it first occurs, shall be omitted and after the words “in whose district the premises are situated” there shall be inserted the words “and to the London Fire and Civil Defence Authority (in this Schedule referred to as ”the fire authority’)”;

(c) in paragraph 2(2) after the words “the Council” there shall be inserted the words “and the fire authority”;

(d) in paragraph 5(1) the word “and” shall be omitted and after the words “are situated” there shall be inserted the words “and to the fire authority”;

(e) in paragraph 5(2) after the words “the Council” there shall be inserted the words “and the fire authority”;

(f) in paragraph 12(1) after the words “the Council” there shall be inserted the words “or the fire authority”.

F53 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 21 of the M15 Greater 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.”,

and in section 22(1) and (2) of that Act for the words “the Council” there shall be substituted the words “a borough council or the Common Council”.

(4) In section 5 of the M16 Greater 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.”

Textual Amendments

F53 Sch. 8 para. 1(2) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group 1.

Marginal Citations

M14 1963 c. 33.

M15 1966 c. xxviii.

M16 1978 c. xiii.

Private places of entertainment U.K.

2 (1) For the entries relating to a London borough and the City of London in Part I of the Schedule to the M17 Private Places of Entertainment (Licensing) Act 1967 there shall be substituted— U.K.

“A London borough.	The council of the borough.	The council of the borough
The City of London.		The Common Council.”

(2) Sub-paragraph (1) above is without prejudice to the continued application of the said Act of 1967 in any London borough or in the City of London by virtue of its adoption before the abolition date in accordance with the Schedule to that Act as then in force.

Marginal Citations

M17 1967 c. 19.

Theatres U.K.

3 (1) In section 18(1) of the M18 Theatres Act 1968, for paragraph (a) of the definition of “licensing authority” there shall be substituted— U.K.

“(a) as respects premises in a London borough or the City of London, the council of that borough or the Common Council, as the case may be;”

(2) Where an application for the renewal of a licence under Schedule 1 to the said Act of 1968 is made to the Greater London Council before that licence expires but has not been determined by that Council before the abolition date, the licence shall continue in force until the determination or withdrawal of the application.

Marginal Citations

M18 1968 c. 54.

Cinemas U.K.

4 (1) In sections 17 and 18 of the M19 Cinemas Act 1985 for the words “the Greater London Council” and “the Council”, wherever they occur, there shall be substituted respectively the words “a local authority in Greater London” and “the authority”. U.K.

(2) In section 21(1) of that Act, in the definition of “local authority”, for the words “the Greater London Council” there shall be substituted the words “a London borough council, the Common Council of the City of London”.

Marginal Citations

M19 1985 c. 13.

Children’s entertainments U.K.

5 U.K. In section 12(5)(a) of the M20 Children and Young Persons Act 1933 for the words from “licensed by” where they first occur to “the Greater London Council” there shall be substituted the words “licensed by a local authority” and for the words “the council of the county or county borough in which the building is situated” there shall be substituted the words “that local authority”.

Marginal Citations

M20 1933 c. 12.

Tracks for betting U.K.

6 (1) For the purposes of Schedule 3 to the M21 Betting, Gaming and Lotteries Act 1963 the licensing authorities in Greater London shall be the London borough councils and the Common Council instead of the Greater London Council and accordingly in that Schedule— U.K.

(a) in paragraph 1 the words “elsewhere than in Greater London” shall be omitted;

(b) in paragraphs 5(2)(a)(i) and 6(2)(b) the words “or London borough” shall be omitted;

(c) in paragraphs 5(2)(a)(ii) and 6(2)(a) after “1962” there shall be inserted the words “(not being the licensing authority)”; and

(d) in paragraph 6(2)(c) for the words “any district or London borough in which the track or any part thereof is situated” there shall be substituted the words “the area of the licensing authority”.

(2) In this paragraph the reference to the Greater London Council includes a reference to any committee to which the Council have delegated their functions in pursuance of section 53(1) of the M22 London Government Act 1963.

Marginal Citations

M21 1963 c. 2.

M22 1963 c. 33.

Sports grounds U.K.

7 (1) In the M23 Safety 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”. U.K.

(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;”

Marginal Citations

M23 1975 c. 52.

Town development and new towns U.K.

[F54 8 (1) In sections 4(1) and 10(3) of the M24 Town Development Act 1952, for the words “the Greater London Council” there shall be substituted the words “London borough”. U.K.

(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”.]

Textual Amendments

F54 Sch. 8 paras. 8, 9(2) repealed (prosp.) by Local Government and Housing Act 1989 (c.42, SIF 81:1), ss. 194(4), 195(2), Sch. 12 Pt. II

Marginal Citations

M24 1952 c. 54.

9 (1) In section 7(3) of the M25 New Towns Act 1981— U.K.

(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”.

[F55 (2) In section 45(a) of that Act, before the word “county” there shall be inserted the word “non-metropolitan”.]

Textual Amendments

F55 Sch. 8 paras. 8, 9(2) repealed (prosp.) by Local Government and Housing Act 1989 (c.42, SIF 81:1), ss. 194(4), 195(2), Sch. 12 Pt. II

Marginal Citations

M25 1981 c. 64.

Commons U.K.

10 (1) In the first Schedule to the M26 Metropolitan 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.”. U.K.

(2) In section 2 of the M27 Metropolitan 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 M28 Commonable 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 M29 Commons 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 M30 Law of Property Act 1925, after the word “county”, there shall be inserted the words “or metropolitan district”.

(6) In section 2(1) of the M31 Commons Registration Act 1965—

(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”.

Marginal Citations

M26 1866 c. 122.

M27 1878 c. 71.

M28 1882 c. 15.

M29 1908 c. 44.

M30 1925 c. 20.

M31 1965 c. 64.

Gipsy encampments U.K.

11 (1) In section 6 of the M32 Caravan Sites Act 1968— U.K.

(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 M33 Local 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.

Marginal Citations

M32 1968 c. 52.

M33 1972 c. 70.

Housing U.K.

12 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56 U.K.

(2) For section 23(4) of the M34 London 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)—(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

Textual Amendments

F56 Sch. 8 paras. 12(1)(3)–(5), 14(3) repealed by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), ss. 3, 6, Sch. 1 Pt. I

Marginal Citations

M34 1963 c. 33.

Rent officers U.K.

13 (1) In subsection (1) of section 62 of the M35 Rent Act 1977 for the words after “Act” there shall be substituted the words “are— U.K.

(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.

Marginal Citations

M35 1977 c. 42.

Building control U.K.

14 (1) Subject to any building regulations made under section 1 of the M36 Building Act 1984 (whether before or after the passing of this Act) with respect to any of them, the functions— U.K.

(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 M37 London 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

(4) In the M38 Building 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;”; and

(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.”

Textual Amendments

F57 Sch. 8 paras. 12(1)(3)–(5), 14(3) repealed by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), ss. 3, 6, Sch. 1 Pt. I

Marginal Citations

M36 1984 c. 55.

M37 1963 c. 33.

M38 1984 c. 55.

Trading standards and related functions U.K.

15 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58 U.K.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

(3) In section 67(1) of the M39 Agriculture Act 1970 after the words “the council of a county” there shall be inserted the words “, metropolitan district”.

(4) The councils of the districts in a metropolitan county shall, not later than 1st September 1985, establish a joint committee of members of those councils whose duty it shall be from the abolition date to co-ordinate—

(a) the exercise by those councils of the enforcement functions conferred on them by virtue of this paragraph [F60 and section 69(1)(a) of the Weights and Measures Act 1985] with a view to securing uniformity in the exercise of those functions throughout the county; and

(b) the employment, provision or use by those councils for the purposes of those functions of staff, property and facilities.

(5) Each joint committee established by virtue of sub-paragraph (4) above shall before the abolition date co-ordinate the making by the councils represented on the committee of preparations for the transfer of the functions which by virtue of sub-paragraphs [F61 (2) and (3) above and the said section 69(1)(a)] will be exercisable by those councils from that date.

(6) If after the abolition date it appears to the Secretary of State to be necessary or expedient to do so he may, after consultation with the councils of the districts in a metropolitan county, by order establish a single authority for the county to discharge from a date specified in the order the functions conferred on the councils by virtue of this paragraph [F62 and the said section 69(1)(a)][F63 or section 5(1) of the Food Safety Act 1990].

(7) An order under this paragraph 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.

Textual Amendments

F58 Sch. 8 para. 15(1) repealed by Weights and Measures Act 1985 (c.72, SIF 131), s. 98, Sch. 13 Pt. I

F59 Sch. 8 para. 15(2) repealed by Food Safety Act 1990 (c.16, SIF 53:1, 2), ss. 54, 59(1)(4), Sch. 3 para. 31(a), Sch. 5

F60 Words inserted by Weights and Measures Act 1985 (c.72, SIF 131), s. 97, Sch. 12 para. 11(a)

F61 Words substituted by Weights and Measures Act 1985 (c.72, SIF 131), s. 97, Sch. 12 para. 11(b)

F62 Words inserted by Weights and Measures Act 1985 (c.72, SIF 131), s. 97, Sch. 12 para. 11(c)

F63 Words added by Food Safety Act 1990 (c.16, SIF 53:1, 2), ss. 54, 59(1)(4), Sch. 3 para. 31(b)

Marginal Citations

M39 1970 c. 40.

Poisons U.K.

16 U.K. In section 11(2) of the M40 Poisons Act 1972, in the definition of “local authority”, after the word “county” there shall be inserted the words “metropolitan district”.

Marginal Citations

M40 1972 c. 66.

Animals U.K.

17 U.K. In section 5 of the M41 Performing 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.”

Marginal Citations

M41 1925 c. 38.

18 U.K. In section 50(2) of the M42 Animal 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,”

Marginal Citations

M42 1981 c. 22.

Fisheries U.K.

19 (1) The M43 Sea Fisheries Regulation Act 1966 shall be amended as follows. U.K.

(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”.

Marginal Citations

M43 1966 c. 38.

20 U.K. In paragraph 5(b) of Schedule 3 to the M44 Salmon and Freshwater Fisheries Act 1975 for the words “county council” there shall be substituted the words “county or metropolitan district council”.

Marginal Citations

M44 1975 c. 51.

Weeds U.K.

21 U.K. In section 5 of the M45 Weeds Act 1959 after the word “county”, in both places where it occurs, there shall be inserted the words “or metropolitan district”.

Marginal Citations

M45 1959 c. 54.

Archives and records U.K.

22 (1) For section 2(6) of the M46 Local Government (Records) Act 1962 there shall be substituted— U.K.

“(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 M47 Local 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”.

Marginal Citations

M46 1962 c. 56.

M47 1972 c. 70.

Expenses of Commission for Local Administration in England U.K.

23 U.K. In paragraph 6 of Schedule 4 to the M48 Local 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”.

Marginal Citations

M48 1974 c. 6.

24 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

Textual Amendments

F64 Sch. 8 para. 24 repealed by Water Act 1989 (c.15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

Administrative functions transferred by Courts Act 1971 U.K.

25 U.K. Any functions which by virtue of paragraph 1 of Schedule 8 to the M49 Courts 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.

Marginal Citations

M49 1971 c. 23.

Loan societiesF65 F65 U.K.

Textual Amendments

F65 Sch. 8 para. 26 repealed (19.11.1998) by virtue of 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 4

26 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mines and quarries U.K.

27 U.K. In section 11(3) of the M50 Mines and Quarries (Tips) Act 1969 after the word “county” there shall be inserted the words “metropolitan district”.

Marginal Citations

M50 1969 c. 10.

SCHEDULE 9 E+W . . . F66

Textual Amendments

F66 Schedule 9 repealed by Education Reform Act 1988 (c.40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

SCHEDULE 10 E+W NUMBER OF MEMBERS OF JOINT AUTHORITIES

[F67 Part I] E+W

Textual Amendments

F67 Sch. 10 Pt. I repealed (3.7.2000) by 1999 c. 29, ss. 328(8), 423, Sch. 29 Pt. I para. 41, Sch. 34 Pt. VIII (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(i)

Part II E+W Greater Manchester

Appointing body	Number of members of police authority	Number of members of fire and civil defence authority	Number of members of passenger transport authority
Constituent councils:
Bolton	3	3	3
Bury	2	2	2
Manchester	5	5	5
Oldham	3	3	3
Rochdale	2	2	[F68 3]
Salford	3	3	3
Stockport	3	3	[F68 4]
Tameside	3	3	3
Trafford	3	3	3
Wigan	3	3	[F68 4]
F69 . . .	F69 . . .

Textual Amendments

F68 Words in Sch. 10 Pt. II Table column 4 altered (19.7.1995) by S.I. 1995/1522, art. 2

F69 Words in Sch. 10 Pt. II Table columns 1, 2 repealed (1.4.1995) by 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

Part III E+W Merseyside

Appointing body	Number of members of police authority	Number of members of fire and civil defence authority	Number of members of passenger transport authority
Constituent councils:
Knowsley	2	2	2
Liverpool	6	6	6
St. Helens	2	2	2
Sefton	4	4	4
Wirral	4	4	4
F70 . . .	F70 . . .

Textual Amendments

F70 Words in Sch. 10 Pt. III Table columns 1, 2 repealed (1.4.1995) by 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. II; S.I. 1994/3262, art. 4, Sch.

Part IV E+W South Yorkshire

Appointing body	Number of members of police authority	Number of members of fire and civil defence authority	Number of members of passenger transport authority
Constituent councils:
Barnsley	2	2	2
Doncaster	3	3	3
Rotherham	2	2	2
Sheffield	5	5	5
F71 . . .	F71 . . .

Textual Amendments

F71 Words in Sch. 10 Pt. IV Table columns 1, 2 repealed (1.4.1995) by 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. II; S.I. 1994/3262, art. 4, Sch.

Part V E+W Tyne and Wear and Northumberland

Appointing body	Number of members of police authority	Number of members of fire and civil defence authority	Number of members of passenger transport authority
Constituent councils:
Gateshead	3	3	3
Newcastle upon Tyne	4	4	4
North Tyneside	2	2	2
South Tyneside	2	2	2
Sunderland	4	4	4
Northumberland	4
F72 . . .
F72 . . .	F72 . . .
F72 . . .	F72 . . .

Textual Amendments

F72 Words in Sch. 10 Table columns 1, 2 repealed (1.4.1995) by 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. II; S.I. 1994/3262, art. 4, Sch.

Part VI E+W West Midlands

Appointing body	Number of members of police authority	Number of members of fire and civil defence authority	Number of members of passenger transport authority
Constituent councils:
Birmingham	10	10	10
Coventry	3	3	3
Dudley	3	3	3
Sandwell	3	3	3
Solihull	2	2	2
Walsall	3	3	3
Wolverhampton	3	3	3
F73 . . .	F73 . . .

Textual Amendments

F73 Words in Sch. 10 Pt. 6 Table columns 1, 2 repealed (1.4.1995) by 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. II; S.I. 1994/3262, art. 4, Sch.

Part III E+W West Yorkshire

Appointing body	Number of members of police authority	Number of members of fire and civil defence authority	Number of members of passenger transport authority
Constituent councils:
Bradford	5	5	5
Calderdale	2	2	2
Kirklees	4	4	4
Leeds	8	8	8
Wakefield	3	3	3
F74 . . .	F74 . . .

Textual Amendments

F74 Words in columns 1, 2 in the table in the Part of Sch. 10 following Part VI and headed “Part III West Yorkshire” repealed (1.4.1995) by virtue of 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. I; S.I. 1994/3262, art. 4.

Section 37.

SCHEDULE 11 U.K. Police and Fire Services

Police U.K.

F75 1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F75 Sch. 11 para. 1 repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

Fire services E+W

2 (1) The [F76 London Fire and Emergency Planning Authority] shall be the fire authority for Greater London; and the fire and civil defence authority established under Part IV of this Act for each metropolitan county shall be the fire authority for that county. E+W

(2) References in the M51 Fire Services Acts 1947 to 1959 and in any other enactment to a fire authority, or to a fire authority constituted by or for the purposes of the Fire Services Act 1947, shall be construed in accordance with sub-paragraph (1) above.

(3) In section 4 of the said Act of 1947 for the words “the council of every county” there shall be substituted the words “the council of every non-metropolitan county”.

(4) In the M52 Metropolitan Fire Brigade Act 1865 the references to the Metropolitan Board of Works (which, by virtue of section 48(3) of the M53 London Government Act 1963, are to be construed as references to the Greater London Council) shall be construed as references to the [F77 London Fire and Emergency Planning Authority].

Textual Amendments

F76 Words in Sch. 11 para. 2(1) substituted (3.7.2000) by 1999 c. 29, s. 329(1)(2), (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(b)

F77 Words in Sch. 11 para. 2(4) substituted (3.7.2000) by 1999 c. 29, s. 329(1)(3), (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(b)

Marginal Citations

M51 1947 c. 41.

M52 1865 c. 90.

M53 1963 c. 33.

Explosives, petroleum etc. U.K.

3 U.K. In paragraph (3) of section 67 of the M54 Explosives Act 1875 (local authorities for the purposes of that Act) after the words “Outside Greater London” there shall be inserted the words “and a metropolitan county” and after that paragraph there shall be inserted—

“(3A) In a metropolitan county, the fire authority; and”

Marginal Citations

M54 1875 c. 17.

4 U.K. In section 2(1) of the M55 Petroleum (Consolidation) Act 1928 (local authorities granting petroleum licences) for paragraph (a) there shall be substituted—

“(a) in Greater London or a metropolitan county, the fire authority;”

Marginal Citations

M55 1928 c. 32.

5 U.K. The functions of a local authority under section 73 of the M56 Public Health Act 1961 (derelict petroleum tanks) shall be functions—

(a) in Greater London or a metropolitan county, of the fire authority;

(b) elsewhere, of the county council,

and references in that section, and in the provisions of that Act applied by it, to a local authority shall be construed accordingly.

Marginal Citations

M56 1961 c. 64.

6 U.K. In section 9 of the M57 Celluloid and Cinematograph Film Act 1922 at the end of the definition of “local authority” there shall be inserted the words “and in a metropolitan county means the fire authority”.

Marginal Citations

M57 1922 c. 35.

Section 39.

SCHEDULE 12 U.K. Passenger Transport

1, 2. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78

Textual Amendments

F78 Sch. 12 paras. 1, 2 repealed by Transport Act 1985 (c.67, SIF 126), s. 58(4)(a), Sch. 8

3 (1) After section 56(6)(b) of the said Act of 1968 (assistance for capital expenditure on public transport facilities) there shall be inserted— U.K.

“(bb) a metropolitan county passenger transport authority;”

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

Textual Amendments

F79 Sch. 12 para. 3(2) repealed by Transport Act 1985 (c.67, SIF 126), s. 139(3), Sch. 8

4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80

Textual Amendments

F80 Sch. 12 para. 4 repealed by Transport Act 1985 (c.67, SIF 126), s. 58(4)(a), Sch. 8

5 (1) The M58 Transport Act 1983 shall be amended as follows. U.K.

(2) In section 1 for the definition of “Authority” there shall be substituted “”Authority’ means, in relation to any such Passenger Transport Executive, the metropolitan county passenger transport authority.”.

(3) F81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) This paragraph has effect from the abolition date F82 . . .

Textual Amendments

F81 Sch. 12 para. 5(3)(4) repealed (1.2.2001 for E. and 14.8.2002 for W.) by 2000 (c. 38), s. 274, Sch. 31 Pt. II; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I; S.I. 2002/2024, art. 2(b)

F82 Words in Sch. 12 para. 5(5) repealed (1.2.2001 for E. and 14.8.2002 for W.) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I; S.I. 2002/2024, art. 2(b)

Marginal Citations

M58 1983 c. 10.

Section 57(7).

SCHEDULE 13 U.K. Residuary Bodies

Status E+W

1 E+W A residuary body shall not be regarded as acting on behalf of the Crown and neither that body nor its members, officers or servants shall be regarded as Crown servants.

Modifications etc. (not altering text)

C1 Sch. 13 para. 1 amended by S.I. 1989/1815, art. 2, Sch. 1 para. 2(a)

Tenure of office of members E+W

2 (1) Subject to the provisions of this paragraph, every member of a residuary body shall hold and vacate his office in accordance with the terms of his appointment. E+W

(2) Any member may resign by notice in writing to the Secretary of State, and the chairman or deputy chairman may by a like notice resign his office as such.

(3) The Secretary of State may remove a member from office if that member—

(a) has become bankrupt or made an arrangement with his creditors;

(b) is incapacitated by physical or mental illness;

(c) has been absent from meetings of the body for a period of three months otherwise than for a reason approved by the body; or

(d) is in the opinion of the Secretary of State otherwise unable or unfit to discharge the functions of a member.

(4) If the chairman or deputy chairman ceases to be a member he shall also cease to be chairman or deputy chairman.

Modifications etc. (not altering text)

C2 Sch. 13 para. 2 amended by S.I. 1989/1815, art. 2, Sch. 1 para. 2(b)

Remuneration etc. of members E+W

3 (1) A residuary body shall pay to each member such remuneration and allowances (if any) as the Secretary of State may determine. E+W

(2) As regards any member of a residuary body in whose case the Secretary of State may so determine, the body shall pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

(3) Where a person ceases to be a member of a residuary body otherwise than on the expiration of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the body shall pay as compensation to that person such amount as the Secretary of State may determine.

(4) Where an employee of a residuary body becomes a member of that body and immediately before becoming a member was by reference to his employment by that body participating in a superannuation scheme, the body may make provision for him to continue to participate in that scheme, on terms and conditions determined by the body with the consent of the Secretary of State, as if his service as a member were service as an employee; and any such scheme shall have effect subject to any provision made under this sub-paragraph.

(5) Any determination by the Secretary of State under this paragraph shall require the consent of the Treasury.

Modifications etc. (not altering text)

C3 Sch. 13 para. 3 amended by S.I. 1989/1815, art. 2, Sch. 1 para. 2(c)

C4 Sch. 13 para. 3(2): all functions transferred (28.3.1991) by S.I. 1991/710, art. 4(3)

C5 Sch. 13 para. 3(2): certain functions transferred (31.3.1991) by S.I. 1991/517, art. 2 (b)

C6 Sch. 13 para. 3(2)(4): certain functions transferred (1.4.1992) by S.I. 1992/331, art. 2(2)(4)

House of Commons disqualification U.K.

4 U.K. In Part III of Schedule 1 to the M59 House of Commons Disqualification Act 1975 (disqualifying offices) there shall be inserted at the appropriate place in alphabetical order—

“Any member of a residuary body established by Part VII of the Local Government Act 1985 who is in receipt of remuneration”

Modifications etc. (not altering text)

C7 Sch. 13 para. 4 amended by S.I. 1989/1815, art. 2, Sch. 1 para. 2(d)

Marginal Citations

M59 1975 c. 24.

Proceedings E+W

5 (1) A residuary body shall regulate its own proceedings. E+W

(2) The validity of any proceedings of a residuary body shall not be affected by any vacancy among its members or by any defect in the appointment of any of its members.

Modifications etc. (not altering text)

C8 Sch. 13 para. 5 amended by S.I. 1989/1815, art. 2, Sch. 1 para. 2(e)

6 (1) The application of the seal of a residuary body shall be authenticated by the signature of the chairman or of some other member authorised either generally or specially by the body for that purpose. E+W

(2) Any document purporting to be a document duly executed under the seal of a residuary body shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

Acquisition and disposal of land E+W

7 (1) A residuary body may with the consent of the Secretary of State acquire by agreement any land required by it for carrying out its functions. E+W

(2) A residuary body may dispose of any land held by it in such manner as it wishes and shall dispose of any land held by it which is not required by it for carrying out its functions but subject, in either case, to section 65 of this Act, to the same restrictions as those imposed by subsections (2), (2A) and (6) of section 123 of the principal Act in the case of disposals by a principal council under subsection (1) of that section and to any other restrictions to which it is subject by virtue of the subsequent provisions of this Schedule.

Provision of services E+W

8 (1) A residuary body may by agreement with any relevant successor authority, and on such terms as to payment or otherwise as the parties consider appropriate, provide that authority with professional or technical services. E+W

(2) Each residuary body shall as soon as practicable after it is established—

(a) review the professional and technical services provided by the Greater London Council or the relevant metropolitan county council, as the case may be, and the staff employed and property used by them in the provision of those services; and

(b) in the light of that review ascertain from each relevant successor authority whether it is likely to wish to enter into an agreement with the residuary body under this paragraph, being an agreement the performance of which by that body would make it desirable for any such staff or property to be transferred to that body.

(3) If any relevant successor authority indicates to a residuary body that it is likely to wish to enter into such an agreement as is mentioned in sub-paragraph (2)(b) above that body shall forthwith make a report to that effect to the Secretary of State who shall take it into consideration and make such orders under sections 52 and 100 of this Act as appear to him to be appropriate unless he considers it inexpedient to do so.

(4) In this paragraph “relevant successor authority”, in relation to a residuary body, means a successor authority exercising functions in the area for which that body is established and “successor authority” means a London borough council, the Common Council, a metropolitan district council, a new authority and any other body to which functions or property of the Greater London Council or a metropolitan county council are transferred by or under this Act or any other enactment.

Access to documents of councils E+W

9 (1) Any person authorised in that behalf by the London Residuary Body or the residuary body established for a county shall be entitled on producing, if so required, evidence of his authority— E+W

(a) at all reasonable times to inspect and make copies of any document belonging to or under the control of the Greater London Council or the council of that county, as the case may be; and

(b) to require copies of any such document to be delivered to him.

(2) Any person having custody of any such document who without reasonable excuse—

(a) obstructs a person in the exercise of his rights under sub-paragraph (1) above; or

(b) refuses or fails to comply with any requirement imposed under that sub-paragraph,

shall be liable on summary conviction to a fine not exceeding the third level on the standard scale and to an additional fine not exceeding £40 for each day on which the offence continues after conviction thereof.

(3) References in this paragraph to copies of a document include references to copies of any part of it.

(4) In this paragraph “document” includes any record of information and, where the record is not in legible form, the rights conferred by sub-paragraph (1) above include the right to require the information to be made available in legible form for inspection or copying and to require copies of it in that form to be delivered.

Reports and information E+W

10 (1) Each residuary body shall publish an annual report on the discharge of its functions. E+W

(2) Each residuary body shall send to the Secretary of State a copy of any report made by it under sub-paragraph (1) above and the Secretary of State shall lay copies of it before each House of Parliament.

(3) Each residuary body shall furnish the Secretary of State with such information relating to the discharge of its functions as he may require, and for that purpose shall permit any person authorised by him to inspect and make copies of any accounts or other documents of the body and shall afford such explanation of them as that person or the Secretary of State may require.

Modifications etc. (not altering text)

C9 Sch. 13 para. 10 amended by S.I. 1989/1815, art. 2, Sch. 1 para. 2(f)

C10 Sch. 13 para. 10(1) modified by S.I. 1989/1359, reg. 10(1)

11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

Textual Amendments

F83 Sch. 13 para. 11 repealed by Parliamentary and Health Service Commissioners Act 1987 (c.39, SIF 89), s. 10(2), Sch. 2

Application of local government provisions E+W

12 E+W A residuary body shall be treated as a local authority or, as the case may be, as a principal council for the purposes of the following provisions of the principal Act—

(a) section 111 (subsidiary powers);

(b) sections 112 to 115 and 117 to 119 (staff);

(c) section 128(2) (protection of purchasers);

(d) sections 140, 140A and 140C (insurance of members etc.);

(e) section 146 (transfer of securities);

(f) section 223 (appearance in legal proceedings);

(g) sections 224, 225 and 229 to 233 (documents); and

(h) section 239 so far as it relates to opposing a local or personal Bill in Parliament and without the procedural requirements in subsection (2).

Modifications etc. (not altering text)

C11 Sch. 13 para. 12 amended by S.I. 1989/1815, art. 2, Sch. 1 para. 2(g)

13 E+W A residuary body shall be treated as a local authority for the purposes of—

(a) the M60 Landlord and Tenant Act 1954;

(b) the M61 Local Government (Records) Act 1962;

F84 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) [F85 section 252 of the Town and Country Planning Act 1990];

(e) section 13(7)(f) of the M62 Employment Agencies Act 1973;

(f) section 28 of the M63 Health and Safety at Work etc. Act 1974;

(g) sections 30, 38 and 41 of the M64 Local Government (Miscellaneous Provisions) Act 1976;

F86 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) section 41 of the M65 Local Government (Miscellaneous Provisions) Act 1982;

(k) paragraph 7 of Schedule 1 to the M66 Stock Transfer Act 1982; and

(l) section 60 of the M67 County Courts Act 1984.

Textual Amendments

F84 Sch. 13 para. 13(c) repealed (26.3.2001) by S.I. 2001/1149, arts. 1(2), 3(2), Sch. 2 (with art. 4(11))

F85 Words substituted by Planning (Consequential Provisions) Act 1990 (c.11, SIF 123:1, 2), s. 4, Sch. 2 para. 69(2)(a)

F86 Sch. 13 para. 13(h) repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

Modifications etc. (not altering text)

C12 Sch. 13 para. 13(g)(h)(i) amended by S.I. 1989/1815, art. 2, Sch. 1 para. 2(g)

Marginal Citations

M60 1954 c. 56.

M61 1962 c. 56.

M62 1973 c. 35.

M63 1974 c. 37.

M64 1976 c. 57.

M65 1982 c. 30.

M66 1982 c. 41.

M67 1984 c. 28.

14 E+W A residuary body shall be included among the authorities or bodies to which the following enactments apply—

(a) section 11 of the M68 Trustee Investments Act 1961;

[F87 (aa) paragraph 2 of Schedule 4A to the Leasehold Reform Act 1967;]

(b) section 3(1) of the M69 Employer’s Liability (Compulsory Insurance) Act 1969; [F88 and]

(c) section 5(2) of the M70 Rent (Agriculture) Act 1976; . . . F89

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89

Textual Amendments

F87 Sch. 13 para. 14(aa) inserted by Housing and Planning Act 1986 (c.63, SIF 81:1), s. 18, Sch. 4 para. 9(2)

F88 Word inserted by Housing and Planning Act 1986 (c.63, SIF 81:1), s. 18, Sch. 4 para. 9(2)

F89 Sch. 13 para. 14(d) repealed by Housing and Planning Act 1986 (c.63, SIF 81:1), ss. 18, 24(3), 39(4), 49(2), 53(2), Sch. 4 para. 9(2), Sch. 12 Pt. I

Modifications etc. (not altering text)

C13 Sch. 13 para. 14(a) amended by S.I. 1989/1815, art. 2, Sch. 1 para. 2(g)

C14 Sch. 13 para. 14(b) amended by S.I. 1989/1815, art. 2, Sch. 1 para. 2(g)

Marginal Citations

M68 1961 c. 62.

M69 1969 c. 57.

M70 1976 c. 80.

15 E+W A residuary body shall be included among the bodies specified in section 99(4) of and Schedule 16 to the M71 Local Government Planning and Land Act 1980.

Marginal Citations

M71 1980 c. 65.

16 E+W The London Residuary Body shall be included among the authorities to which section 5(3) of the M72 London Government Act 1963 applies.

Modifications etc. (not altering text)

C15 Sch. 13 para. 16 amended by S.I. 1989/1815, art. 2, Sch. 1 para. 2(g)

Marginal Citations

M72 1963 c. 33.

17 E+W A residuary body shall be included in the local authorities mentioned in section 28(5)(a) of the M73 Leasehold Reform Act 1967 and sections 29(5) and 38(1) of that Act shall be construed accordingly.

Marginal Citations

M73 1967 c. 88.

18 E+W Without prejudice to paragraph 8 above, a residuary body shall be treated as a local authority for the purposes of the M74 Local Authorities (Goods and Services) Act 1970 and, for the purposes of that Act as it applies in relation to a residuary body, the Secretary of State shall be treated as a public body.

Marginal Citations

M74 1970 c. 39.

19 E+W A residuary body shall be included among the councils mentioned in [F90 paragraph 1(3) of Schedule 14 to the Town and Country Planning Act 1990].

Textual Amendments

F90 Words substituted by Planning (Consequential Provisions) Act 1990 (c.11, SIF 123:1, 2), s. 4, Sch. 2 para. 69(2)(b)

20 E+W A residuary body shall be included among the bodies specified in [F91 section 144(2)(a) of the Road Traffic Act 1988].

Textual Amendments

F91 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c.54, SIF 107:1), s. 4, Sch. 3 para. 30

21 E+W A residuary body shall be included among the bodies to which section 14 of the M75 Rent Act 1977 applies . . . F92

Textual Amendments

F92 Words repealed by Housing Act 1988 (c.50, SIF 61), s. 140(2), Sch. 18 (the repeal being subject to a saving in S.I. 1988/2152, Sch. 2 para. 6)

Marginal Citations

M75 1977 c. 42.

[F93 22 E+W A residuary body shall be treated as a local authority for the purposes of the following provisions of the Housing Act 1985—

sections 43 and 44 (consent required for certain disposals of houses),

sections 45 to 51 (restrictions on recovery of service charges after disposal of house),

Parts IV and V (secure tenancies and the right to buy),

sections 442 (so far as relates to agreements within subsection (1)(b)), 443, 444, [F94 450A to 450C,] 452 and 453 (provision in connection with local authority mortgages), and

Part XVI (assistance for owners of defective premises disposed of by local authorities and others).

Textual Amendments

F93 Sch. 13 paras. 22—24 substituted for paras. 22 and 23 by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), s. 4, Sch. 2 para. 61

F94 Words in Sch. 13 para. 22 inserted (17.8.1992) by Housing and Planning Act 1986 (c. 63, SIF 81:1), s. 24(1)(2), Sch. 5 para. 19; S.I. 1992/1753, art. 2(2)

23 E+W A residuary body shall be treated as a local authority for the purposes of sections 84(5)(b) and 85(4) of the Housing Associations Act 1985 (consultation on forms of agreement and meaning of “relevant advance”).

Textual Amendments

F93 Sch. 13 paras. 22—24 substituted for paras. 22 and 23 by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), s. 4, Sch. 2 para. 61

24 E+W A residuary body shall be treated as a local authority for the purposes of the following provisions of the Landlord and Tenant Act 1985—

section 14(4) (exclusion of implied repairing obligations) . . . F95

sections 18 to 30 (service charges) [F96 , and paragraph 9(1) of the Schedule.]

Textual Amendments

F93 Sch. 13 paras. 22—24 substituted for paras. 22 and 23 by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), s. 4, Sch. 2 para. 61

F95 Word repealed by Landlord and Tenant Act 1987 (c.31, SIF 75:1), s. 61(1), Sch. 4 para. 3(a)(i)

F96 Words added by Landlord and Tenant Act 1987 (c.31, SIF 75:1), s. 61(1), Sch. 4 para. 3(a)(ii)

[F97 25 E+W A residuary body shall be treated as a local authority for the purposes of Part III of the Local Government Act 1986 (transfer of local authority mortgages).

Textual Amendments

F93 Sch. 13 paras. 22—24 substituted for paras. 22 and 23 by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), s. 4, Sch. 2 para. 61

F97 Sch. 13 paras. 25, 26 added by Local Government Act 1986 (c.10, SIF 81:1, 2), s. 9(3), and by Landlord and Tenant Act 1987 (c.31, SIF 75:1), s. 61(1), Sch. 4 para. 3(b)

26 E+W A residuary body shall be included among the bodies specified in section 58(1) of the Landlord and Tenant Act 1987.]]

Textual Amendments

F93 Sch. 13 paras. 22—24 substituted for paras. 22 and 23 by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), s. 4, Sch. 2 para. 61

F97 Sch. 13 paras. 25, 26 added by Local Government Act 1986 (c.10, SIF 81:1, 2), s. 9(3), and by Landlord and Tenant Act 1987 (c.31, SIF 75:1), s. 61(1), Sch. 4 para. 3(b)

Section 84.

SCHEDULE 14 U.K. New Authorities: Application of Local Authority Provisions

Part I U.K. M76 Amendments of Local Government Act 1972

Marginal Citations

M76 1972 c. 70.

Restrictions on promotion of Bills for changing local government areas etc. U.K.

1 U.K. In section 70 for the words “No local authority” there shall be substituted the words “Neither a local authority or joint authority nor the Inner London Education Authority” and after the words “local government area” in both places where they occur there shall be inserted the words “or the Inner London Education Area”.

Qualifications for election and holding office U.K.

2 U.K. At the end of section 79 there shall be inserted—

“(3) In this section “local authority” includes the Inner London Education Authority and references to its area shall be construed as references to the Inner London Education Area.”

Disqualifications for election and holding office U.K.

3 (1) In subsections (1)(a) and (2)(b) of section 80 after the words “joint board” there shall be inserted the words “, joint authority”. U.K.

(2) After subsection (5) of that section there shall be inserted—

“(6) In this section “local authority” includes the Inner London Education Authority.”

Validity of acts done by unqualified persons U.K.

4 U.K. In section 82 after the words “elected to an office under this Act” there shall be inserted the words “or elected or appointed to an office under Part III or IV of the Local Government Act 1985.”

Declaration of acceptance of office U.K.

5 U.K. After section 83(3) there shall be inserted—

“(3A) Subsections (1) to (3) above shall apply also to a person elected to the office of member, or appointed to the office of chairman or vice-chairman, of the Inner London Education Authority and in relation to any such office the references in those provisions to the proper office of the council and to members of the council shall be construed respectively as references to the proper officer of that Authority and to members of that Authority.”

Resignation U.K.

6 U.K. The provisions of section 84 shall become subsection (1) of that section and after those provisions there shall be inserted—

“(2) A person elected or appointed to an office under Part III or IV of the Local Government Act 1985 may at any time resign his office by written notice delivered to the proper officer of the authority of which he is a member and his resignation shall take effect upon the receipt of the notice by that officer.”

Failure to attend meetings U.K.

7 U.K. At the end of section 85 there shall be inserted—

“(4) In this section “local authority” includes a joint authority and the Inner London Education Authority.”

Declaration of vacancy U.K.

8 U.K. The provisions of section 86 shall become subsection (1) of that section and after those provisions there shall be inserted—

“(2) In this section “local authority” includes a joint authority and the Inner London Education Authority.”

Date of casual vacancies U.K.

9 U.K. At the end of section 87 there shall be inserted—

“(3) This section shall apply also in relation to a casual vacancy in any office for which an election is held, or to which an appointment is made, under Part III of the Local Government Act 1985, taking references to a local authority as reference to the Inner London Education Authority.”

Filling of casual vacancies U.K.

10 (1) After section 88(2) there shall be inserted— U.K.

“(2A) In subsections (1) and (2) above “council” includes the Inner London Education Authority.”

(2) After section 89(3) there shall be inserted—

“(3A) Subsections (1) to (3) above shall apply also in relation to a casual vacancy occurring in the office of member of the Inner London Education Authority, taking references to the council and the returning officer as references to the Authority and the proper officer of the Authority.”

Term of office of person filling casual vacancy U.K.

11 U.K. In section 90 after the word “Wales” there shall be inserted the words “or under Part III or IV of the Local Government Act 1985”, and after the words “he is elected” there shall be inserted the words “or appointed”.

Proceedings for disqualification U.K.

12 U.K. At the end of section 92 there shall be inserted—

“(7) In this section “local authority” includes a joint authority and the Inner London Education Authority; and in relation to a joint authority the reference in subsection (1) above to a local government elector for the area concerned shall be construed as a reference to a local government elector for any local government area in the area for which the authority is established.”

Pecuniary interests U.K.

13 U.K. After section 98(1) there shall be inserted—

“(1A) In sections 94 and 97 above “local authority” includes a joint authority and the Inner London Education Authority and in section 94(5)(a) above “principal council” includes any such authority.”

Meetings and proceedings U.K.

14 U.K. In section 99 after the words “local authorities” there shall be inserted the words “, joint authorities, the Inner London Education Authority”.

Discharge of functions U.K.

15 U.K. In section 101(13) after the words “the Middle Temple,” there shall be inserted the words “any joint authority except a police authority, the Inner London Education Authority,”.

Miscellaneous powers of local authorities U.K.

16 U.K. After section 146 there shall be inserted—

“146A Joint Authorities and Inner London Education Authority.

(1) A joint authority and the Inner London Education Authority shall be treated—

(a) as local authorities for the purposes of sections 111 to 119, 128 to 131, 135, 136, 139 (except subsections (1)(b) and (2)), 140, 140A, 140C, 143 and 146 above; and

(b) as a principal council for the purposes of section 120 (except subsection (1)(b)) and sections 121 to 123 above.

(2) The Inner London Education Authority may exercise any of the powers of a local authority under section 145 above so far as it considers it expedient to do so for the benefit of persons under the age of twenty-six.”

17 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F98

Textual Amendments

F98 Sch. 14 para. 17 repealed by Local Government and Housing Act 1989 (c.42, SIF 81:1), s. 194(2), Sch. 12 Pt. I

Allowances to members U.K.

18 U.K. After section 176(2) there shall be inserted—

“(3) In this section “local authority” includes a joint authority and the Inner London Education Authority.”

F99 19 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F99 Sch. 14 paras. 19, 20 repealed (1.4.1991) by Local Government and Housing Act 1989 (c.42, SIF 81:1), s. 194(4), Sch. 12 Pt. II ; S.I. 1991/344, art. 3(2)(v)

F100 20 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F100 Sch. 14 paras. 19, 20 repealed by Local Government and Housing Act 1989 (c.42, SIF 81:1), s. 194(4), 195(2), Sch. 12 Pt. II

Legal proceedings U.K.

21 U.K. In section 223(2) after the words “the Common Council” there shall be inserted the words “, a joint authority and the Inner London Education Authority.”

Documents and notices U.K.

22 U.K. The provisions of section 224 shall become subsection (1) of that section and after those provisions there shall be inserted—

“(2) This section applies to a joint authority and the Inner London Education Authority as it applies to a principal council.”

23 U.K. After section 225(2) there shall be inserted—

“(3) In this section “local authority” includes a joint authority and the Inner London Education Authority.”

24 U.K. After section 228(7) there shall be inserted—

“(7A) This section shall apply to the minutes of proceedings and the accounts of a joint authority or the Inner London Education Authority as if that authority were a local authority and as if, in relation to a joint authority, references to a local government elector for the area of the authority were a reference to a local government elector for any local government area in the area for which the authority is established.”

25 U.K. At the end of section 229(8) there shall be inserted the words “and “local authority” includes a joint authority and the Inner London Education Authority.”

26 U.K. The provisions of section 230 shall become subsection (1) of that section and after those provisions there shall be inserted—

“(2) In this section “local authority” includes a joint authority and the Inner London Education Authority.”

27 U.K. After section 231(3) there shall be inserted—

“(4) In this section “local authority” includes a joint authority and the Inner London Education Authority.”

28 U.K. After section 232(1) there shall be inserted—

“(1A) In subsection (1) above “local authority” includes a joint authority and the Inner London Education Authority.”

29 U.K. After section 233(10) there shall be inserted—

“(11) In this section “local authority” includes a joint authority and the Inner London Education Authority.”

30 U.K. After section 234(3) there shall be inserted—

“(4) In this section “local authority” includes a joint authority and the Inner London Education Authority.”

Byelaws U.K.

31 (1) In section 236(1) for the words “or any other enactment, whenever passed and conferring on a local authority” there shall be substituted the words “and to byelaws made by a local authority, a metropolitan, county passenger transport authority or the Inner London Education Authority under any other enactment and conferring on the authority.” U.K.

(2) In section 238 after the words “a local authority” there shall be inserted the words “, a metropolitan county passenger transport authority or the Inner London Education Authority”.

Promoting and opposing local and personal Bills U.K.

32 (1) After subsection (4) of section 239 there shall be inserted— U.K.

“(4A) The powers conferred on a local authority by subsection (1) above shall also be exercisable by a joint authority, and the Inner London Education Authority.”

(2) In subsection (5) of that section for the words “a local authority” there shall be substituted the words “an authority”.

Computation of time U.K.

33 U.K. At the end of section 243(2) there shall be inserted the words “and applies also to sections 19, 31 and 32 of the Local Government Act 1985”.

Interpretation U.K.

34 U.K. In section 270(1) after the definition of “grouped” there shall be inserted—

“”joint authority’ means an authority established by Part IV of the Local Government Act 1985;”.

Meetings and proceedings U.K.

35 (1) Schedule 12 shall be amended as follows. U.K.

(2) After Part I there shall be inserted—

“Part IA U.K. Joint Authorities and Inner London Education Authority

6A Paragraph 1 above shall apply to a joint authority as it applies to a principal council in a year in which there are no ordinary elections of councillors and that paragraph shall apply to the Inner London Education Authority as it applies to the council of a London borough.

6B The other provisions of Part I of this Schedule shall apply to an authority mentioned in paragraph 6A above as they apply to a principal council except that the number of members mentioned in paragraph 3(2) shall be three members in the case of a joint authority and ten members in the case of the Inner London Education Authority.”

(3) After paragraph 45 there shall be inserted—

“46 In this Part of this Schedule “local authority” includes a joint authority and the Inner London Education Authority and in relation to any such authority the reference in paragraph 43 above to election shall include a reference to appointment.”

Part II U.K. Amendments of Other Enactments

36 U.K. In section 69(1) of the Landlord and Tenant Act 1954 at the end of the definition of “local authority” there shall be inserted the words “except that it includes the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985”.

Marginal Citations

M77 1954 c. 56.

37 U.K. In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 after paragraph 1(a) there shall be inserted—

“(aa) joint authorities established by Pat IV of the Local Government Act 1985;

(ab) the Inner London Education Authority;”

Marginal Citations

M78 1960 c. 67.

38 U.K. In section 11(4)(a) of the Trustee Investments Act 1961 after the words “City of London” there shall be inserted the words “, the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985”.

Marginal Citations

M79 1961 c. 62.

39 U.K. In the Local Government (Records) Act 1962—

(a) in section 2(6) after the words “London borough” there shall be inserted the words “to the Inner London Education Authority, to a joint authority established by Part IV of the Local Government Act 1985”; and

(b) in section 8(1), in the definition of “local authority”, after the words “county district” there shall be inserted the words “the Inner London Education Authority, or a joint authority established by Part IV of the Local Government Act 1985,”.

Marginal Citations

M80 1962 c. 56.

40 U.K. In the London Government Act 1963—

(a) in section 5(3) for the words “the following councils” and “those councils” there shall be substituted respectively the words “the following authorities” and “those authorities” and for the words “and the Common Council” there shall be substituted the words “, the Common Council, the Inner London Education Authority and the London Fire and Civil Defence Authority”;

(b) after section 75(3) there shall be inserted—

“(4) This section shall apply to the Inner London Education Authority and the London Fire and Civil Defence Authority as it applies to the councils mentioned in subsection (1) of this section.”

Marginal Citations

M81 1963 c. 33.

41 U.K. After section 11(2) of the Local Government Act 1966 there shall be inserted—

“(3) This section shall apply to the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985 as it applies to a local authority.”

Marginal Citations

M82 1966 c. 42.

42 U.K. In the General Rate Act 1967—

(a) in section 85(2), for the words “or the Common Council of the City of London” there shall be substituted the words “, the Common Council of the City of London, the Inner London Education Authority or a joint authority established by Part IV of the Local Government Act 1985”;

(b) in paragraph 15 of Schedule 1, in the definition of “local authority”, after the words “City of London” there shall be inserted the words “, the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985”.

Marginal Citations

M83 1967 c. 9.

43 U.K. In section 28(5)(a) of the Leasehold Reform Act 1967 after the words “district council,” there shall be inserted the words “the Inner London Education Authority, any joint authority established by Part IV of the Local Government Act 1985,”.

Marginal Citations

M84 1967 c. 88.

44 U.K. At the end of section 1(3) of the Local Government Grants (Social Need) Act 1969 there shall be inserted the words “except that in the application of this section to England and Wales “local authority” shall also include the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985”.

Marginal Citations

M85 1969 c. 2.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F101 Sch. 14 para. 45 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(2), 3(2), Sch. 2 (with art. 4(11))

46 U.K. In section 3(2) of the Employers’ Liability (Compulsory Insurance) Act 1969 after the words “any such council” there shall be inserted the words “the Inner London Education Authority, any joint authority established by Part IV of the Local Government Act 1985”.

Marginal Citations

M86 1969 c. 57.

47 U.K. In section 1(4) of the Local Authorities (Goods and Services) Act 1970, in the definition of “local authority”, after the words “combined authority” there shall be inserted the words “the Inner London Education Authority and any joint authority established by Part IV of the Local Government Act 1985”.

Marginal Citations

M87 1970 c. 39.

48 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F102 Sch. 14 para. 48 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

49 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F103 Sch. 14 para. 49 repealed by Road Traffic (Consequential Provisions) Act 1988 (c.54, SIF 107:1), s.3(1), Sch. 1 Pt. I

50 U.K. In section 13(7)(f) of the Employment Agencies Act 1973, after the words “local authority”, there shall be inserted the words “, the Inner London Education Authority or a joint authority established by Part IV of the Local Government Act 1985”.

Marginal Citations

M88 1973 c. 35.

51 U.K. In the Local Government Act 1974—

(a) for section 25(1)(c) there shall be substituted—

“(c) any joint authority established by Part IV of the Local Government Act 1985;

(ca) any other police authority, except the Secretary of State;

(cb) the Inner London Education Authority; and”; and

(b) for section 26(11) there shall be substituted—

“(11) In this section—

(a) references to a person aggrieved include references to his personal representatives; and

(b) references to a member of an authority concerned include, in the case of a complaint relating to a joint authority established by Part IV of the Local Government Act 1985, references to a member of a constituent council of that authority.”

Marginal Citations

M89 1974 c. 7.

52 U.K. For subsection (6) of section 28 of the Health and Safety at Work etc. Act 1974 there shall be substituted—

“(6) References in subsections (3) and (5) above to a local authority include the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985.”

Marginal Citations

M90 1974 c. 37.

53 U.K. In the Local Government (Miscellaneous Provisions) Act 1976—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in section 44(1) for the definition of “local authority” there shall be substituted—

““local authority” means a county council, the Greater London Council, a district council, a London borough council, the Common Council, the Council of the Isles of Scilly and—

(a) in sections 13 to 16, 29, 30, 38, 39 and 41 of this Act, the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985;

(b) in sections 1, 16, 19, 30, 36, 39 and 41 of this Act, a parish council and a community council.”

Textual Amendments

F104 Sch. 14 para. 53(a) repealed by Education Reform Act 1988 (c.40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

Marginal Citations

M91 1976 c. 57.

F105 54 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F105 Sch. 14 para. 54 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

55 U.K. After section 5(3)(b) of the Rent (Agriculture) Act 1976 there shall be inserted—

“(ba) the Inner London Education Authority;

(bb) a joint authority established by Part IV of the Local Government Act 1985;”

Marginal Citations

M92 1976 c. 80.

56 U.K. After section 14(c) of the Rent Act 1977 there shall be inserted—

“(ca) the Inner London Education Authority;

(cb) a joint authority established by Part IV of the Local Government Act 1985;”

Marginal Citations

M93 1977 c. 42.

F106 57 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F106 Sch. 14 para. 57 repealed (19.6.1997) by 1997 c. 25, ss. 73(1)(3), 74(2), Sch. 6 Pt. I (with Sch. 4 para. 27)

58 E+W In the Housing Act 1980—

(a)—(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)—(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F107 Sch. 14 para. 58(a)–(d) repealed by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), ss. 3, 6, Sch. 1 Pt. I

F108 Sch. 14 para. 58(e) repealed by Housing and Planning Act 1986 (c.63, SIF 81:1), ss. 18, 24(3), 39(4), 49(2), 53(2), Sch. 4 para. 9(3), Sch. 12 Pt. I

F109 Sch. 14 para. 58(f)–(h) repealed by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), ss. 3, 6, Sch. 1 Pt. I

Marginal Citations

M94 1980 c. 51.

59 (1) In the Local Government, Planning and Land Act 1980— U.K.

(a) in section 2(1), at the end of paragraph (k) the word “and” shall be omitted and there shall be inserted—

“(ka) a joint authority established by Part IV of the Local Government Act 1985;”

(b) in section 20(1), in the definition of “local authority”, after the words “City of London” there shall be inserted the words “the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985”;

(c)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) after section 99(4)(d) there shall be inserted—

“(da) the Inner London Education Authority;

(db) a joint authority established by Part IV of the Local Government Act 1985;”

(g) in Schedule 16 after paragraph 5 there shall be inserted—

“5A The Inner London Education Authority.

5B A joint authority established by Part IV of the Local Government Act 1985.”

Textual Amendments

F110 Sch. 14 para. 59(1)(c)(d) repealed by Local Government and Housing Act 1989 (c.42, SIF 81:1), s. 194(2), Sch. 12 Pt. I

F111 Sch. 14 para. 59(1)(e) repealed by Transport Act 1985 (c.67, SIF 126), s. 139(3), Sch. 8

Marginal Citations

M95 1980 c. 65.

60 U.K. In section 17(4) of the Acquisition of Land Act 1981, in the definition of “local authority” after the words “City of London” there shall be inserted the words “, the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985”.

Marginal Citations

M96 1981 c. 67.

61 U.K. In the Local Government (Miscellaneous Provisions) Act 1982—

(a) in section 33(9)—

(i) in paragraph (a), after the words “City of London” there shall be inserted the words “the Inner London Education Authority or a joint authority established by Part IV of the Local Government Act 1985”; and

(ii) at the end of paragraph (b) there shall be inserted the words “, in relation to the Inner London Education Authority means the Inner London Education Area, and in relation to such a joint authority means the area for which the authority was established”; and

(b) at the end of the definition of “local authority” in section 41(13) there shall be inserted—

• “and

  (d)

  the Inner London Education Authority; and

  (e)

  a joint authority established by Part IV of the Local Government Act 1985;”

Marginal Citations

M97 1982 c. 30.

62 U.K. In paragraph 7(2)(a) of Schedule 1 to the Stock Transfer Act 1982 after the words “City of London” there shall be inserted the words “the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985”.

Marginal Citations

M98 1982 c. 41.

63 U.K. In section 60(3) of the County Courts Act 1984 after the words “London borough council” there shall be inserted the words “the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985.”

Marginal Citations

M99 1984 c. 28.

64, 65. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F112 Sch. 14 paras. 64, 65 repealed by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), ss. 3, 6, Sch. 1 Pt. I

Section 91.

F113 SCHEDULE 15 E+W Section 91: Supplementary Provisions

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

Textual Amendments

F113 Sch. 15 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3

Section 102.

SCHEDULE 16 U.K. Consequential Amendments

The London Government Act 1963 (c.33) U.K.

1 U.K. In section 73(1) of the London Government Act 1963 for the words before paragraph (a) there shall be substituted the words “Any of the London borough councils and the Common Council may, for the purpose of giving publicity to the amenities and advantages of their respective areas—”, and in paragraph (d) for the words “Greater London” there shall be substituted the words “their respective areas”.

The Local Government Act 1972 (c.70) U.K.

2 U.K. In sections 2(1) and 6(2)(a) of the Local Government Act 1972 before the word “county” there shall be inserted the word “non-metropolitan”.

3 U.K. In section 7(2) of that Act for the words “a year of election of county councillors” there shall be substituted the words “1977 and every fourth year thereafter”.

F114 4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F114 Sch. 16 paras. 4-6 repealed (31.10.1992) by Local Government Act 1992 (c. 19), s. 29, Sch. 4 Pt.II; S.I. 1992/2371, art.2

F115 5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F115 S. 16 paras. 4-6 repealed (31.10.1992) by Local Government Act 1992 (c. 19), s. 29, Sch. 4, Pt. II; S.I. 1992/2371, art.2

F116 6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F116 Sch. 16 paras. 4-6 repealed (31.10.1992) by Local Government Act 1992 (c. 19), s. 29, Sch. 4, Pt.II; S.I. 1992/2371, art.2

7 U.K. In section 141(1) of that Act for the words “The council of a county” there shall be substituted the words “The council of a non-metropolitan county”.

8 U.K. In section 270(1) of that Act—

(a) at the end of the definition of “county” there shall be inserted the words “, but in the expressions ”county council’, ”council of a county’, ”county councillor’ and ”councillor of a county’ means, in relation to England, a non-metropolitan county only;”;

(b) in the definition of “principal area” for the words “county, Greater London” there shall be substituted the words “non-metropolitan county”.

The Local Government, Planning and Land Act 1980 (c.65) U.K.

F117 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F117 Sch. 16 para. 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2

The Representation of the People Act 1983 (c.2) U.K.

F118 10 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118 Sch. 16 para. 10 repealed (5.11.1993) by 1993 c. 50, Sch. 1 Pt. X Group 1.

11 U.K. In section 35(1) of that Act for the words “every county council” there shall be substituted the words “every non-metropolitan county council”.

Section 102.

SCHEDULE 17 U.K. Repeals

Chapter	Short title	Extent of repeal
29 & 30 Vict. c. 122.	The Metropolitan Commons Act 1866.	In section 25, the words from “, and the” to “authority),”.
		In the first Schedule, the third column.
61 & 62 Vict. c. 43.	The Metropolitan Commons Act 1898.	The whole Act.
8 Edw. 7. c. 36.	The Small Holdings and Allotments Act 1908.	In section 61(1), the definition of “county”.
15 & 16 Geo. 5. c. 21.	The Land Registration Act 1925.	Section 100(5).
20 & 21 Geo. 5. c. 43.	The Road Traffic Act 1930.	In section 121, the definition of “Highway authority”.
26 Geo. 5 & 1 Edw. 8. c. 49.	The Public Health Act 1936.	Section 32(4).
		In section 87(1), the words “the Greater London Council”.
5 & 6 Eliz. 2. c. 56.	The Housing Act 1957.	In section 93(3), the words “the Greater London Council and of”.
		In section 166(2), paragraph (b) of the proviso.
6 & 7 Eliz. 2. c. 33.	The Disabled Persons (Employment) Act 1958.	In section 3(5) the words “other than a metropolitan county”.
6 & 7 Eliz. 2. c. 49.	The Trading Representations (Disabled Persons) Act 1958.	In section 1(5) the words “the Greater London Council”.
7 & 8 Eliz. 2. c. lii.	The London County Council (General Powers) Act 1959.	Section 31.
8 & 9 Eliz. 2. c. 64.	The Radioactive Substances Act 1960.	In section 19(1), in the definition of “local authority”, the words “or the Greater London Council”.
9 & 10 Eliz. 2, c. 33.	The Land Compensation Act 1961.	In Schedule 2, paragraph 2(1)(f).
9 & 10 Eliz. 2. c. 50.	The Rivers (Prevention of Pollution) Act 1961.	Section 14(3).
9 & 10 Eliz. 2. c. 62.	The Trustee Investments Act 1961.	In section 11, in subsection (1) the words “or by the Greater London Council” and in subsection (4)(a) the words “the Greater London Council”.
9 & 10 Eliz. 2. c. 64.	The Public Health Act 1961.	In section 81, the words “or by the Greater London Council”.
10 & 11 Eliz. 2. c. 56	The Local Government (Records) Act 1962.	In section 8(1), in the definition of “local authority”, the words “or the Greater London Council”.
10 & 11 Eliz. 2. c. 58.	The Pipe-lines Act 1962.	Section 18.
Chapter	Short title	Extent of repeal
1963 c. 2.	The Betting, Gaming and Lotteries Act 1963.	In Schedule 3, in paragraph 1 the words “elsewhere than in Greater London” and in paragraphs 5(2)(a)(i) and 6(2)(b) the words “or London borough”.
1963 c. 33.	The London Government Act 1963.	Section 2(4).
		In section 4(1) the words “(and in particular any provision conferring functions on the Greater London Council)”.
		In section 5, subsection (1) and in subsection (3) the words “the Greater London Council,”.
		Section 7.
		Section 9(1), (2), (4) and (5).
		Section 19(2).
		In section 21, subsections (4) to (7), (9) and (11).
		Section 22.
		In section 23, subsection (1), and in subsection (3), paragraph (a), and in paragraph (b) the words “the Greater London Council or”, “(not being the Greater London Council)” and “, in the case of the council of a London borough,”.
		Section 30(1) to (5) except so much of subsection (1) as precedes paragraph (b).
		In section 31(6) the words “by virtue of section 30(1) of this Act” and “or are to become”.
		In section 40(2) the words from “and in particular” to “other matters”.
		Section 43(3) and (4).
		Section 47(4).
		In section 48, subsections (1) and (2) and in subsection (3) the words “references to the Metropolitan Board of Works were references to the Greater London Council and”.
		Section 49.
		In section 50, subsection (2) and in subsection (3) the words “and (2)”.
		In section 51(1) the words “and the Greater London Council shall have the functions of the London County Council under that Act”
Chapter	Short title	Extent of repeal
1963 c. 33—cont.	The London Government Act 1963—cont.	and paragraph (b) together with the word “and” immediately preceding it.
		Section 53(1).
		Section 55(2).
		Section 57(2).
		In section 58(1), the words “and the Greater London Council”.
		In section 59, subsection (1) and in subsection (2) paragraphs (b) and (d) and in paragraph (c) the words from “if that” to “case”.
		In section 60, in subsection (5) the words after the semi-colon and subsection (6).
		Section 62(5).
		In section 66, subsection (3) and in subsection (5) the words “and the Greater London Council”.
		Sections 71 and 72.
		In section 75(1) the words “the Greater London Council,”.
		Section 78.
		In section 81(9)(a) the words “the Greater London Council and to”, “Greater London or, as the case may be,” and “Council or, as the case may be” and the words from “and, for the purposes” onwards.
		Section 82.
		In section 83(2)(a) the words “or the Greater London Council” and “, or to the council of,”.
		Section 85(5).
		Section 87(2) to (7).
		In section 89(1) the definitions of “Inner London Education Area” and “Inner London Education Authority”.
		Schedule 2.
		In Schedule 3, paragraphs 22 to 24.
		In Schedule 8, paragraphs 5, 6 and 8 to 11, 14(c), 15, 16(b) and 17.
		In Schedule 9, in Part II, paragraph 5.
		In Schedule 11, in Part I, paragraphs 14(3), 19, 28, 38 and 40 and in Part II, in
Chapter	Short title	Extent of repeal
1963 c. 33—cont.	The London Government Act 1963—cont.	paragraph 6 the words in brackets.
		In Schedule 14, in paragraph 10(b) the words “the Greater London Council”.
		In Schedule 17, paragraph 27(a), and in paragraph 28 sub-paragraph (b) and in sub-paragraph (c) the words “5 and”.
1964 c. 42.	The Administration of Justice Act 1964.	Section 37(3).
1964 c. 48.	The Police Act 1964.	In section 2(2), in paragraph (b) the words “in the case of a non-metropolitan county” and paragraph (c).
1964 c. 56.	The Housing Act 1964.	Section 106(5).
. . . F119	. . . F119	. . . F119
		In section 9(4), the words “and the Greater London Council”.
		In the Schedule—
		in paragraph 2, in sub-paragraph (1) the words from “, not” to “Council”, and sub-paragraph (2);
		in paragraph 3, in sub-paragraph (1) the words “, except in the case of the first chairman”, and sub-paragraph (2).
1965 c. 36.	The Gas Act 1965.	In section 28(1), in the definition of “local planning authority” the words “but does not include the Greater London Council”.
1965 c. 64.	The Commons Registration Act 1965.	In section 22(1), in the definition of “local authority” the words “the Greater London Council”’.
1966 c. 42.	The Local Government Act 1966.	In section 41(1), in the definition of “local authority” the words “the Greater London Council,”, and in the definition of “rating authority” the words “and the Greater London Council”.
1967 c. 9.	The General Rate Act 1967.	In section 12(1), the words “the Greater London Council”.
		In section 38(4), the words “the Greater London Council,”.
Chapter	Short title	Extent of repeal
1967 c. 9—cont.	The General Rate Act 1967—cont.	In section 44(2)(b), the words “the Greater London Council,”.
		In section 85(2), the words “the Greater London Council,”.
		In section 94(1), the words “, the Greater London Council”.
		In Schedule 1, in the definition of “local authority” in paragraph 15, the words “the Greater London Council,”.
1967 c. 19.	The Private Places of Entertainment (Licensing) Act 1967.	In Part II of the Schedule, paragraph 2 and in paragraph 4 the words from “and of the fact” onwards except as respects any consent given before the abolition date.
1967 c. 88.	The Leasehold Reform Act 1967.	In section 28(5)(a), the words “the Greater London Council,”.
1968 c. 41.	The Countryside Act 1968.	In section 6(2)(b) the words “the Greater London Council”.
1968 c. 46.	The Health Services and Public Health Act 1968.	In section 63(2)(a) the words “or the Greater London Council”.
		In section 65(1), the words after “provided”.
1968 c. 65.	The Gaming Act 1968.	In section 44(3), the words “the Greater London Council”.
1968 c. 73.	The Transport Act 1968.	In section 63(6), in paragraph (a) of the definition of “local authority” the words “the Greater London Council”.
		In section 115(3)(a) the words “the Greater London Council”.
		In section 123(2), the words “, the Greater London Council”.
		In section 124(4), the words “, the Greater London Council”.
1968 c. xxxix.	The Greater London Council (General Powers) Act 1968.	In section 47(1), in paragraph (i)(B) of the definition of “night cafe” the words “by the Council”.
		In section 49(4)(i) the words after “this section”.
1969 c. 33.	The Housing Act 1969.	In section 39, the words “Subject to section 40 of this Act,”.
		Section 40.
Chapter	Short title	Extent of repeal
1969 c. 35.	The Transport (London) Act 1969.	Section 300
1969 c. 48.	The Post Office Act 1969.	In section 86(1), in the definition of “local authority” the words “the Greater London Council”.
1969 c. 57.	The Employers’ Liability (Compulsory Insurance) Act 1969.	In section 3(2) the words “the Greater London Council”.
1970 c. 39.	The Local Authorities (Goods and Services) Act 1970.	In section 1(4), in the definition of “local authority” the words “the Greater London Council”.
1970 c. 40.	The Agriculture Act 1970.	Section 38(a).
1971 c. 56.	The Pensions (Increase) Act 1971.	In Schedule 2, paragraph 67.
1971 c. 78.	The Town and Country Planning Act 1971.	Section 5.
		In section 92A(3), paragraph (c) together with the word “and” immediately preceding it.
		In section 100(1), the words in brackets.
		In section 209(2)(b), the words “the Greater London Council or”.
		In section 215(8), the words “the Greater London Council”.
		In section 290(1), in the definition of “local authority” the words “the Greater London Council” and in the definition of “local planning authority” the words “and Schedule 3 to”.
		Schedule 3.
		In Schedule 4, paragraph 1, in paragraph 2 the words from “such other matters” onwards and paragraphs 4, 5(2) and 8(2).
		In Schedule 6, paragraph 10.
		In Schedule 7, in paragraph 7 the words from “or, where the area is a London borough” onwards.
		In Schedule 11, in paragraph 5(1), the words “(other than a London borough council)”.
		In Schedule 20, in paragraph 1(3), the words “, the Greater London Council”.
		In Schedule 22, paragraph 4(b), together with the word “or” immediately preceding it.
Chapter	Short title	Extent of repeal
1972 c. 20.	The Road Traffic Act 1972.	In section 36A(3B), the words “, the Greater London Council”.
		In section 43(3), the words “the Greater London Council,”.
		In section 144(2)(a), the words “the Greater London Council,”.
1972 c. 45.	The Trading Representations (Disabled Persons) Amendment Act 1972.	Section 1(3)(a).
		In the Schedule, in section 1(5) as there set out the words “the Greater London Council”.
1972 c. 47.	The Housing Finance Act 1972.	In section 104(1), in the definition of “general rate fund” the words “in relation to the Greater London Council, means the general fund of the Greater London Council, and”; and in the definition of “local authority” the words “the Greater London Council”.
1972 c. 60.	The Gas Act 1972.	In section 39(3), in paragraph (a) of the definition of “local authority” the words “the Greater London Council”.
1972 c. 70.	The Local Government Act 1972.	In section 8(1) the words “the Greater London Council or”.
		Section 47(1)(d) and (3).
		In section 68(6)(a)(i) and (iii) the words “, the general fund of the Greater London Council”.
		Section 77.
		Section 81(3) and (4)(b).
		In section 83(1) the words “or the Greater London Council or deputy chairman of the Greater London Council”.
		In section 89(2) the words after “returning officer”.
		Section 93.
		Section 101(9)(b) and (11).
		Section 112(4)(a) and (e).
		In section 116, the words after “vice-chairman”.
		In section 140B(1), the words “and the Greater London Council”.
		Section 144(4).
		In section 148, in subsection (2) the words after “county fund”, and in subsection (4) the words “, the general fund in the case of the Greater London Council”.
Chapter	Short title	Extent of repeal
1972 c. 70—cont.	The Local Government Act 1972—cont.	be,” in sub-paragraph (2) the words “or the Greater London Council” (where they first occur), “and the Greater London Council” and “or the Greater London Council, as the case may be,” and in sub-paragraph (3) the words “or the Greater London Council”;
		in paragraph 6, in sub-paragraph (1) the words “or the Greater London Council, as the case may be” and “or the Greater London Council” and in sub-paragraph (2) the words “or the Greater London Council, as the case may be,” and “or the Greater London Council” and in sub-paragraph (3) the words “or the Greater London Council”;
		in paragraph 20 the words “and the Greater London Council”;
		paragraph 43.
		In Schedule 16, paragraphs 14(2) and (4) and 50 and in paragraph 52 the figure “50”.
		In Schedule 27, paragraph 18.
		In Schedule 29, in paragraph 13(2) the words from “and in paragraph 6(2)(c)” onwards and paragraph 26(1).
1973 c. 15.	The Administration of Justice Act 1973.	In Schedule 1, in paragraph 7 the words “chairman of the Greater London Council”.
1973 c. 18.	The Matrimonial Causes Act 1973.	In section 43, in subsection (1) the words “other than a metropolitan county” and subsection (9).
		In section 44, in subsection (2) the words “other than a metropolitan county” and subsection (6).
1973 c. 26.	The Land Compensation Act 1973.	In section 39(7)(a), the words after “borough” in the second place where it occurs.
1973 c. 35.	The Employment Agencies Act 1973.	In section 13(1), in the definition of “local authority” the words “the Greater London Council”.
1973 c. 37.	The Water Act 1973.	In section 11(10) the words “or the Greater London Council”.
		In section 14(8) the words from “and, except” onwards.
Chapter	Short title	Extent of repeal
1973 c. 37—cont.	The Water Act 1973—cont.	In section 16(11), in the definition of “local authority” the words “or the Greater London Council”.
		Section 25.
		In section 34(3) the words “and an order under section 25 above”.
		In section 38(1), in the definition of “local authority” the words “the Greater London Council”.
		In Schedule 8, paragraph 36(3).
1973 c. 62.	The Powers of Criminal Courts Act 1973.	Section 51(3A).
		In Schedule 3, paragraphs 15(4) and 19(2).
1973 c. xxx.	The Greater London Council (General Powers) Act 1973.	Section 22.
1974 c. 7.	The Local Government Act 1974.	Section 6(5)(a).
		In section 34(1), in the definition of “local authority” the words “the Greater London Council”.
1974 c. 37.	The Health and Safety at Work etc. Act 1974.	In section 53(1), in the definition of “local authority” the words “the Greater London Council”.
		In Schedule 10, the entry relating to the Local Government Act 1972.
1974 c. 39.	The Consumer Credit Act 1974.	In section 189(1), in the definition of “local authority” the words “the Greater London Council”.
1974 c. 40.	The Control of Pollution Act 1974.	In section 36(1), the words “the Greater London Council”.
		In section 98, in paragraph (a) of the definition of “relevant authority” the words “the Greater London Council”.
1974 c. 44.	The Housing Act 1974.	In sections 5(3)(b) and 30(8), the words “, the Greater London Council”.
		In section 43(7), the words “the Greater London Council and”.
		In section 49, in subsection (1), the words “Subject to subsection (2) below,” and subsections (2) and (3).
		In section 84, in the definition of “housing authority”, the words “, the Greater London Council,”.
		Section 99(6)(b).
		Section 121(8)(b).
Chapter	Short title	Extent of repeal
1974 c. 44—cont.	The Housing Act 1974—cont.	In Schedule 5, in Part II, paragraph 5.
1975 c. 6.	The Housing Rents and Subsidies Act 1975.	In section 16(1), in the definition of “general rate fund” the words “in relation to the Greater London Council, means the general fund of the Greater London Council, and”, and in the definition of “local authority” the words “, the Greater London Council”.
1975 c. 72.	The Children Act 1975.	In section 107(1), in the definition of “local authority” the words “(other than a metropolitan county)”.
1975 c. 78.	The Airports Authority Act 1975.	In section 23(1), in the definition of “local authority” the words “the Greater London Council”.
1976 c. 32.	The Lotteries and Amusements Act 1976.	In section 23(1), in paragraph (a) of the definition of “local authority” the words “the Greater London Council”.
1976 c. 57.	The Local Government (Miscellaneous Provisions) Act 1976.	In section 35(1), the words “and the Greater London Council”.
		In section 44(1), in the definition of “local authority” the words “the Greater London Council,”.
1976 c. 70.	The Land Drainage Act 1976.	Section 2(7)(c).
		Section 3(7).
		In section 5(8), the words from “, and” in the first place where it occurs to “committee” in the second place where it occurs.
		In section 32(3), the words “or the London excluded area” and the words after “other authority”.
		In section 92, in subsection (1) the words “or the Greater London Council” and “or the Council, as the case may be,”, and in subsection (3) the words “or the Greater London Council” and “or, as the case may be, the Council”.
		Section 97(2).
		Section 98(4) and (9).
		Section 101.
		Section 110(4) to (6).
1976 c. 71.	The Supplementary Benefits Act 1976.	In Schedule 5, in paragraph 2(2), the words “, other than metropolitan counties,”.
Chapter	Short title	Extent of repeal
1976 c. 80.	The Rent (Agriculture) Act 1976.	In section 5(3)(b), the words “the Greater London Council,”.
		In section 27(3)(a) the words after “borough” in the second place where it occurs.
1977 c. 42.	The Rent Act 1977.	In section 14(c), the words “the Greater London Council,”.
		In section 145, in subsection (4), the words “Subject to subsection (5) below,”, and subsection (5).
		In Schedule 16, in paragraph 7(a), the words after “borough” in the second place where it occurs.
1977 c. 48.	The Housing (Homeless Persons) Act 1977.	In section 9, subsection (1)(a)(ii), and in subsection (2) the words “and the Greater London Council”.
		In section 13, in subsections (2), (3) and (6), the words “or the Greater London Council”; in subsection (4), the words “nor the Greater London Council” and “or the Greater London Council”; in subsection (5), the words “or the Greater London Council, as the case may be” and the words “or the Greater London Council” in the second place where they occur; and in subsection (7), the words “or the Greater London Council, as the case may be,”.
		In section 19(1), in the definition of “relevant authority”; paragraph (d) and the word “and” immediately preceding it.
1977 c. 49.	The National Health Service Act 1977.	In section 128(1), in the definition of “local authority”, and in Schedule 5, in paragraph 1(2)(a), the words “the Greater London Council,”.
1978 c. 3.	The Refuse Disposal (Amenity) Act 1978.	In section 3, subsection (6) and in subsection (8) the words “or the Greater London Council”.
		Section 5(5)(a).
		Section 6(5).
		In section 7 the words “and the Greater London Council”.
Chapter	Short title	Extent of repeal
1978 c. 27.	The Home Purchase Assistance and Housing Corporation Guarantee Act 1978.	In the Schedule, in paragraph 2(a), the words “the Greater London Council,”.
1978 c. 55.	The Transport Act 1978.	Section 2(3)(c)(ii).
1979 c. 46.	The Ancient Monuments and Archaeological Areas Act 1979.	In section 61(1), in the definition of “local authority”, the words “the Greater London Council,”.
1979 c. 55.	The Justices of the Peace Act 1979.	Section 2(2) and (3).
		Section 24(4).
		Section 57(2).
		Section 60.
		In section 64(1) the words “within the meaning of the Local Government Act 1972 or the Local Government (Scotland) Act 1973”.
		In Schedule 2, paragraph 26.
1980 c. 51.	The Housing Act 1980.	In sections 50(1), 105 and 108(4), in the definition of “local authority”, the words “the Greater London Council”.
		In sections 110(7)(b) and (15) and 111(6) the words “the Greater London Council,”.
		In section 135(10), in the definition of “local authority”, the words “the Greater London Council,”.
1980 c. 65.	The Local Government Planning and Land Act 1980.	Section 2(1)(c).
		In section 5(1), in paragraph (a)(i) the words “Greater London Council and other” and paragraph (b).
		Section 16(6)(a).
		In section 20(1), in the definition of “local authority” the words “the Greater London Council”.
		Section 53(5)(b).
		Section 55(3)(b).
		In section 56, in subsection (2)(a), the words “, the Greater London Council or the Inner London Education Authority”; subsection (4); and in subsection (5), the words “or the Greater London Council or the Inner London Education Authority” and “, Greater London or the Inner London Education Area, as the case may be.”.
		Section 59(11)(a).
Chapter	Short title	Extent of repeal
1980 c. 65—cont.	The Local Government Planning and Land Act 1980—cont.	Section 81.
		In section 86, subsections (7) and (9)(b) and in subsection (11) the definition of “the Greater London provisions”.
		Section 99(4)(c).
		In section 116(4)(a), the words “and the Greater London Council”.
		In section 165(9)(a), the words “the Greater London Council”.
		In Schedule 13, paragraphs 1 to 8.
		In Schedule 14, in paragraph 13, sub-paragraph (1)(b) and (c) and in sub-paragraph (2) the words “(b), (c) and”.
		In Schedule 15, paragraph 24.
		In Schedule 16, paragraph 3.
		In Schedule 32, paragraph 23(3).
1980 c. 66.	The Highways Act 1980.	In section 1(3), the words “for the time being metropolitan roads or”.
		In section 6, in subsection (1) the words after “below” and in subsection (6) the words after “arrangements” in the third place where it occurs.
		Section 7.
		In section 11(2)(b) and (c), the words in brackets.
		Section 15.
		In section 18(8), the words “the Greater London Council,”.
		In section 24, in subsection (2) paragraph (b), together with the word “or” immediately preceding it, and the words after “Minister” in the second place where it occurs, and subsection (3).
		In section 25(2)(b), the words “the Greater London Council,”.
		Section 38(5).
		Section 62(5).
		In section 64, subsection (4) and in subsection (5) the words after “Act” in the second place where it occurs.
		In section 67(5), the words “the Greater London Council,”.
		Section 69(2)(b).
		In section 79(3), the words “the Greater London Council or”.
Chapter	Short title	Extent of repeal
1980 c. 66—cont.	The Highways Act 1980—cont.	In section 80(4), the words “the Greater London Council and”
		Section 90A(2).
		In section 90B(2), the words after “section”.
		Section 95(1)(b).
		Section 115H(2).
		Section 116(2).
		In section 117, the words from “or” in the second place where it occurs to “highway” in the third place where it occurs.
		In section 144(6), in the definition of “local authority”, the words “the Greater London Council,”.
		In section 151(1)(b), the words after “Common Council”.
		Section 156(6).
		Sections 157 to 159.
		In section 160, in subsection (1), the words “other than a metropolitan road”; in subsection (4), the words “or, as the case may be, the Greater London Council” and “or, as the case may be, the Council”; in subsection (5), the words “or, as the case may be, the Greater London Council”; and in subsection (7), the words after “requirements” in the first place where it occurs.
		In section 170(3), in the definition of “local authority”, the words “the Greater London Council,”.
		In section 219(4)(i)(ii), the words “, the Greater London Council”.
		In section 254(2)(a), the words “both” and “and by the Greater London Council”.
		Section 264(3)(b).
		Section 269.
		In section 271(1)(iii), the words “, and also the Greater London Council”.
		In section 285—
		in subsection (1), in paragraph (a) the words “or, as the case may be, the Council”, and in paragraph (b) those words in both places where
Chapter	Short title	Extent of repeal
1980 c. 66—cont.	The Highways Act 1980—cont.	they occur and the words “or them”;
		in subsection (2), the words after “authority”;
		in subsection (4), in paragraph (a) the words “or they”, in paragraph (b) the words “or they” in both places where they occur and the words “or their”, and in paragraph (c) the words “or they”;
		in subsection (5), the words “or their”, “or them”, “, where the expenses are the Minister’s,” and “or, as the case may be, them” and the words “or the Council” in the second place where they occur;
		in subsection (6), the words “or the Council” in the first, third and fourth places where they occur, and the words “or, as the case may be, the Council” and “or them”;
		in subsection (7), the words “or the Council” in both places where they occur; and
		in subsection (8), the words “or, as the case may be, the Council”, “or the Council’s”, “or them” and “or they”.
		In section 287(6), the words “the Greater London Council,”.
		Section 298(2).
		Section 326(3) and (4).
		In section 329(1), in the definition of “council” the words “, the Greater London Council” and the definition of “metropolitan road”.
		In Schedule 1, in paragraph (ii) of the Table set out at the end of paragraph 3, the words after “that watercourse”.
		In Schedule 9, paragraph 3.
		In Schedule 23, in paragraph 1, the words “and section 7(1)”, “or, as the case may be, acquired by the Greater London Council in connection with a metropolitan road,” and “, in the case of a Minister,”.
Chapter	Short title	Extent of repeal
1981 c. 14.	The Public Passenger Vehicles Act 1981.	In section 31(5)(a), the words “the Greater London Council”.
		In section 35A(7) the words “the Greater London Council and”.
1981 c. 36.	The Town and Country Planning (Minerals) Act 1981.	Section 2(2) and (3).
1981 c. 37.	The Zoo Licensing Act 1981.	In section 3(2)(e) the words “or the Greater London Council”.
1981 c. 67.	The Acquisition of Land Act 1981.	In section 17(4), in the definition of “local authority” the words “and the Greater London Council”.
1981 c. 68.	The Broadcasting Act 1981.	In section 18(6)(a) the words “the Greater London Council”.
1981 c. 69.	The Wildlife and Countryside Act 1981.	In section 27(1) in the definition of “local authority” the words “and the Greater London Council”.
		In section 36(7) in the definition of “local authority” the words “the Greater London Council”.
		Section 39(5)(b).
1982 c. 16.	The Civil Aviation Act 1982.	In section 105(1), in the definition of “local authority” the words “the Greater London Council,”.
1982 c. 24.	The Social Security and Housing Benefits Act 1982.	In section 32(4)(a), the words “or the Greater London Council”.
		In section 34, in subsection (1), the words “and the Greater London Council” and “or Council”; and in subsections (3)(b) and (c) and (4), the words “or the Greater London Council”.
		In section 35, in subsection (1), in the definition of “housing authority” the words “the Greater London Council,”, and in the definition of “Housing Revenue Account rebate” the words “or the Greater London Council” and “or Council”; and in subsection (2)(a) the words “the Greater London Council or”.
1982 c. 30.	The Local Government (Miscellaneous Provisions) Act 1982.	In section 29, in subsection (4) the words “Subject to subsection (5) below,”, and subsection (5).
Chapter	Short title	Extent of repeal
1982 c. 30—cont.	The Local Government (Miscellaneous Provisions) Act 1982—cont.	In section 33(9)(a) the words “or the Greater London Council”.
1982 c. 32.	The Local Government Finance Act 1982.	Section 5(2) and (3).
1982 c. 41.	The Stock Transfer Act 1982.	In Schedule 1, in paragraph 7(2)(a) the words “the Greater London Council”.
1982 c. 42.	The Derelict Land Act 1982.	In section 1(11), in paragraph (a) of the definition of “local authority” the words “the Greater London Council”.
1983 c. 2.	The Representation of the People Act 1983.	In section 31, in subsection (1) the words in brackets and subsections (4) and (5).
		Section 35(2).
		In section 36(4) the words “Greater London”.
		In section 39(1) the words “(or, in the case of an election of a councillor of the Greater London Council, the proper officer of the Council)”.
		Section 76(2)(b)(i).
		In section 82(4)(a) the words “the Greater London Council or”.
		In section 203, in subsection (1) in the definition of “local authority” the words “the Greater London Council,”, and in subsection (2) the words “or of elections of councillors of the Greater London Council”.
		In Schedule 1, in rule 31(3)(a) the words “the Greater London Council,”.
1983 c. 10.	The Transport Act 1983.	Section 3(5).
		Section 4(3)(b), (4), (5) and (6).
		Section 5(2).
		Section 6(3) and (4).
1983 c. 16.	The Level Crossings Act 1983.	In section 1(11), in the definition of “local authority”, the words, “the Greater London Council”.
1983 c. 25.	The Energy Act 1983.	In section 26, in the definition of “local authority” the words “the Greater London Council”.
1983 c. 35.	The Litter Act 1983.	Section 1(6).
1983 c. 55.	The Value Added Tax Act 1983.	In section 20(6), the words “the Greater London Council”.
1984 c. 12.	The Telecommunications Act 1984.	In section 97(3)(a) the words “the Greater London Council”.
Chapter	Short title	Extent of repeal
1984 c. 22.	The Public Health (Control of Disease) Act 1984.	Section 8(2).
1984 c. 27.	The Road Traffic Regulation Act 1984.	Section 23(4).
		In section 30, subsections (3) and (4), and in subsection (6) the words “and the confirmation of such orders” and “and confirmed”.
		In section 32(4)(a), the words “, the Greater London Council”.
		In section 39, subsection (2), and in subsection (4) the words “or Wales”.
		In section 43, in subsection (5)(a) the words “or by the Council”; in subsection (6) the words “comprised within the area of a particular local authority” in paragraph (a) and the words after paragraph (c); in subsection (9) the words from “and the local authority” to “the said Parts III and IV”; and in subsection (14) the definitions of “the Common Council” and “the Council”.
		In section 45(6), the words in brackets.
		In section 47(7), the words “or the Greater London Council”.
		Section 50.
		In Section 51(1), the words “of the Greater London Council,” and “or 50”.
		In section 55, in subsection (6) the words “subsection (3) of section 50 or”, paragraph (a), and in paragraph (b) the words “in the case of a transfer under section 54(8),”; and subsection (7).
		Section 73(3) to (5).
		In section 74, in subsection (1) the words “the Greater London Council or” and “, as the case may be,”; subsection (2); in subsection (4) the words “the Greater London Council or” and “, as the case may be,”; and in subsection (8) the words “the Greater London Council or”.
		Section 79(4).
		Section 100(1).
Chapter	Short title	Extent of repeal
1984 c. 27—cont.	The Road Traffic Regulation Act 1984—cont.	In section 112(3), paragraph (a), and the words “the Greater London Council,” in the second place where they occur.
		In section 122(2)(d), the words “the Greater London Council or” and “, as the case may be,”.
		Section 123.
		In section 129(4), the words “council or”.
		In section 142(1), in paragraph (a) of the definition of “highway authority”, the words “(subject to section 73(4) of this Act)”.
		In Schedule 4—
		in paragraph 1, the words from “and to each” to “controlled area”;
		paragraph 17(2); and
		paragraph 22(6).
		In Schedule 9—
		in paragraph 2, in sub-paragraph (a) the words “Greater London Council or” and “, as the case may be,”, and in sub-paragraph (b) the words “Council or”;
		in paragraph 3, in sub-paragraph (1) the words from “the Greater London Council” to “or conferred on” and the words “sub-paragraph (b), of” and “Council or”, and in sub-paragraph (2) the words “the Greater London Council or” and “Council or”;
		in paragraph 4, in sub-paragraph (a) the words “the Council or, as the case may be,”, and in sub-paragraph (b) the words “Council or”;
		in paragraph 6(1), the words “or 50”, “(or, in the case of an order under section 50 of this Act, with the local authority or the Greater London Council)” and “or Council”, and in paragraph 6(1)(c), the
Chapter	Short title	Extent of repeal
1984 c. 27—cont.	The Road Traffic Regulation Act 1984—cont.	words “, or on the application of,” and the words after “authority”;
		in paragraph 7(1), the words “the Greater London Council or, as the case may be, to” and the words “sub-paragraph (a) or (b) of”;
		in paragraph 8, the words “the Greater London Council or, as the case may be, of” and “Council or”;
		in paragraphs 14 and 20(1), the number “50,”;
		in paragraph 28(c), the number “, 50” and the words “or by the Greater London Council”; and
		in paragraph 34(2)(a) and (b), the number “, 50”.
1984 c. 28.	The County Courts Act 1984.	In section 60(3), in the definition of “local authority”, the words “the Greater London Council,”.
1984 c. 29.	The Housing and Building Control Act 1984.	In section 20(5), in the definition of “local authority”, the words “the Greater London Council,”.
1984 c. 32.	The London Regional Transport Act 1984.	Section 7(9)(a).
		In section 10(3) the words “Greater London Council”.
		Section 30(2)(a).
		In section 43, in subsection (4) the words “the Greater London Council and” and in subsection (5) the words “with the Greater London Council”.
		In section 50(8)(c) the words “the Greater London Council”.
1984 c. 33.	The Rates Act 1984.	In section 1, in subsection (3)(b) the words “the Greater London Council” and subsection (5).
		In section 2(6), paragraph (a) and in paragraph (e) the word “and”.
		In section 5(5), the words “and (5)”.
		In section 6, in subsection (2) the words “or, in a case within section 1(5) above, for part of a precept”, “or
Chapter	Short title	Extent of repeal
1984 c. 33—cont.	The Rates Act 1984—cont.	part” and “or, as the case may be, of the relevant part of it” and in subsection (3) the words “or precept” in the second place where they occur.
		Section 7(5).
1984 c. 46.	The Cable and Broadcasting Act 1984.	In section 36(1), in the definition of “local authority”, the words “the Greater London Council,”.
1984 c. 53.	The Local Government (Interim Provisions) Act 1984.	The whole Act, except sections 4, 6(3), 10, 11 and 13.
1984 c. 55.	The Building Act 1984.	In section 11(7)(b) the words “on the district surveyor”.
		In section 12(10)(b), the words “on the district surveyor”.
		In section 18(2), the words “on the district surveyor” and “or the Greater London Council, as the case may be,”.
		In section 68(8)(a), the words “or the Greater London Council”.
		In section 88(3), the words “by the Greater London Council”.
		In section 91(2), the words after “above”.
		In section 126, in paragraph (b) of the definition of “authorised officer”, the words “or a district surveyor”; and the definition of “district surveyor”.
		In Schedule 3, paragraphs 12 and 14.

Textual Amendments

F119 Entry repealed and superseded by Museum of London Act 1986 (c.8, SIF 87), s. 7(3), Sch.