The London Government Order 1965

Amendment of London Authorities (Property etc.) Order 1964 and provision as to particular matters

44.—(1) In the London Authorities (Property etc.) Order 1964—

(a) in article 6(1) —

(i) after “as highway authority for the highway”, there shall be inserted “(other than land acquired for the improvement or development of frontages to a metropolitan road or of the land adjoining or adjacent to the road) and not appropriated for any other purpose” ;

(ii) for item (a) in the definition of “specified equipment” there shall be substituted—

“(a) the following equipment, being the property of the former highway authority—

(i) foot bridges and pedestrian subways;

(ii) pumping, ventilating, lighting and telephone equipment in tunnels, underpasses and pedestrian subways;

(iii) bollards and other obstructions for preventing the passage of vehicles;

(iv) sand bins;

(v) traffic signs (not being signs for indicating speed restrictions or controlled parking zones or pedestrian crossing marks and signs); and”;

(iii) at the end there shall be added—

“In this paragraph, ‘former highway authority’ includes the London County Council executing works under section 144 of the Metropolis Management Act 1855 or under any local Act.”;

(b) in article 7, for “contained in” there shall be substituted “effected by”;

(c) in article 9(1), after “the purposes for which they are held,” there shall be added—

“any lands acquired by the London County Council or the county council of Middlesex for the improvement or development of frontages to a metropolitan road or of the land adjoining or adjacent to the road and not appropriated for any other purpose;

any lands held by the London County Council or the county council of Middlesex for the construction of highways for which the Greater London Council will not be the highway authority on 1st April 1965.”;

(d) in article 11 there shall be added—

“(9) Nothing in this article applies to any matter specified in paragraph (1) of article 5 or provided for in paragraph (2) of that article.”;

(e) in article 12(1)—

(i) there shall be inserted—

“(ff) any mortgage taken by the council of the metropolitan borough of Wandsworth or the council of the borough of Dagenham in consideration of an advance under the Acts mentioned in sub-paragraph (e);”

(ii) in sub-paragraph (i), for “contained in” there shall be substituted “effected by”;

(f) in article 16(1) for “(e) and (h)” there shall be substituted “(e), (ff) and (h);

(g) article 17 shall have effect in relation to the council of the metropolitan borough of Wandsworth with the substitution for

“any liability of such authority in respect of money borrowed, and any loans pool or consolidated loans fund of such authority,”

of

“any loans pool or consolidated loans fund of such authority, and any liability of such authority in respect of loans included in such pool or fund,”;

(h) in article 22 after “the first-mentioned area” there shall be inserted “reduced by the product of a rate of a penny in the pound on any gas hereditament or electricity hereditament within the meaning of the Rate-product Rules 1959(1)”;

(i) in article 40 the reference to Part XIV of the Local Government Act 1933 shall include a reference to section 263 of the said Act as if the said section applied to the London boroughs;

(j) in Schedule 3, in the definition of “sited property”—

after “speed restrictions” there shall be inserted “,and pedestrian crossing marks and signs on metropolitan roads”;

after “parking meters” there shall be added “,signs for indicating controlled parking zones, and pedestrian crossing marks and signs on roads other than metropolitan roads”;

(k) Schedules 1 and 2 shall be extended by the inclusion of Parts I and II, respectively, of the Schedule “Extensions of Schedules 1 and 2 of the London Authorities (Property etc.) Order 1964” prepared in duplicate and sealed with the official seal of the Minister. One duplicate of the Schedule is deposited in the offices of the Minister and the other in the offices of the Greater London Council. Copies of the Schedule have been deposited with the London borough councils and the county councils of Essex, Hertfordshire, Kent and Surrey and shall be open to inspection at all reasonable times; and

(l) Schedules 4 and 5 shall be extended by the inclusion of Parts I and II, respectively, of Schedule 5 to this order.

(2) Section 31(5) of the Act shall not apply to any school transferred by article 7 of the London Authorities (Property etc.) Order 1964 to the council of a London borough, but it shall be the duty of such council to maintain, and such council shall not except in accordance with section 13 or 14 of the Education Act 1944 or section 31(6) of the Act cease to maintain, such school.

(3) The Kent County Council shall be entitled to the continued use of such accommodation, and such other facilities in connection therewith, as are required for the purposes of their training courses in the youth employment and children's services at Lamorbey Park, Sidcup. The extent of such accommodation and such facilities, and the period for, and terms upon, which they shall be available, shall be determined between the said Council and the council of the London borough of Bexley or, failing such agreement, by the Secretary of State for Education and Science after consultation with the Secretary of State and the Minister of Labour.

(4) The liability of the county council of Middlesex under the agreement dated 15th June 1964 and made between the said county council, the urban district councils of Staines and Sunbury-on-Thames and the Conservators of the River Thames shall be transferred to and attach to the county council of Surrey and the Greater London Council in the proportions which the products of rates of one penny in the pound for the following areas—

the urban districts of Staines and Sunbury-on-Thames

the administrative county of Middlesex other than the said urban districts and the urban district of Potters Bar

bear to the product of a rate of one penny in the pound for the said administrative county other than the urban district of Potters Bar.

In this paragraph, any reference to the product of a rate of one penny in the pound for any areas is a reference to such product for the year 1964–65, being such aggregate of that product as estimated by the rating authorities for the purposes of section 9(2) of the Rating and Valuation Act 1925 as may be appropriate.

(5) All such public cisterns, reservoirs, wells, fountains, pumps and works used for the gratuitous supply of water to the inhabitants of the district of a sanitary authority within the meaning of the Public Health (London) Act 1936 as were immediately before 1st April 1965 vested in, and under the control of, such sanitary authority shall be vested in, and under the control of, the local authority for the purposes of the Public Health Act 1936 within whose districts they are situated.

(6) The records and documents which were in the charge and custody of the clerk of the London County Council or the council of Middlesex immediately before 1st April 1965 shall, subject to any directions which the Greater London Council may give, be in the charge and custody of the clerk to that Council, who, subject to any such directions, shall be responsible therefor.

(1)

(1959 II, p. 2288).