The Local Government Reorganisation (Miscellaneous Provision) (No. 4) Order 1986

Citation, commencement and interpretation

1.—(1) This order may be cited as the Local Government Reorganisation (Miscellaneous Provision) (No. 4) Order 1986 and shall come into operation on 1st April 1986.

(2) In this Order—

“the Act” means the Local Government Act 1985;

“abolished council” means the Greater London Council or a metropolitan county council.

Enactments relating to fire services

2.  The enactments specified in Schedule 1 shall have effect with the amendments there specified.

Enactments relating to building control in London

3.—(1) The enactments specified in Schedule 2 shall have effect with the amendments there specified.

(2) The enactments mentioned in Part I of Schedule 3 are repealed to the extent specified in the third column of that Schedule.

Enactments relating to open spaces

4.—(1) Save where the context otherwise requires, in the enactments to which this article applies, for any reference to the Metropolitan Board of Works, the London County Council or the Greater London Council there shall be substituted a reference to the council in whom the land to which the enactment in question relates, or any part of it, is vested by or under the Act.

(2) This article applies to the following enactments (1)—

• The Finsbury Park Act 1857;

• The Metropolitan Commons Supplemental Act 1871;

• The Metropolitan Commons Supplemental Act 1877;

• Section 22 of the Plumstead Common Act 1878;

• The Wormwood Scrubs Act 1879;

• Sections 35 to 37 of the Metropolitan Board of Works (Various Powers) Act 1886;

• Section 31 of the Metropolitan Board of Works (Various Powers) Act 1888;

• Sections 10 to 14 of the London Open Spaces Act 1893;

• The Hainault (Lambourne Fox Burrows and Grange Hill) Act 1903;

• Section 56 of the London County Council (General Powers) Act 1909;

• The London County Council (Holland House) Act 1952;

(3) The enactments specified in Part II of Schedule 3 are hereby repealed to the extent mentioned in the third column of that Schedule.

(4) In the Local Law (Greater London Council and Inner London Boroughs) Order 1965, Article 8 and Schedule 1 paragraphs 17(c) and 38(d) are hereby revoked.

Miscellaneous enactments

5.—(1) In Schedule 2 to the Charities Act 1960(2) (which lists the institutions which, so far as they are charities, are exempt charities within the meaning of that Act) there shall be inserted after paragraph (i)—

“(j) the Board of Trustees of the National Museums and Galleries on Merseyside(3)”

(2) In the Town and Country Planning Act 1971, section 119(4) is hereby repealed.

(3) In paragraph 20 of Schedule 16 to the Local Government Act 1972—

(a) in both sub-paragraphs (1) and (2)(b) after “district planning authority” there shall be inserted “or, in a metropolitan county, a local planning authority”; and

(b) in sub-paragraph (2)(b) after “or” in the first place where that word occurs there shall be inserted “, in a non-metropolitan county,”.

(4) In the Tyne and Wear Act 1976, in section 60 (Tyne and Wear Passenger Transport Executive), for “county council” there shall be substituted “Tyne and Wear Passenger Transport Authority”.

(5) In the North West Water Authority Act 1977, in subsection 3(a) of section 3 (sludge mains), for “a county council” there shall be substituted “a local authority (other than a non-metropolitan district council)” and for “the county council” there shall be substituted “that authority”.

(6) In the Severn-Trent Water Authority Act 1983, in subsection (3)(a) of section 35 (sewage disposal mains), for “a county council” there shall be substituted “a local authority (other than a non-metropolitan district council)” and for “the county council” there shall be substituted “that authority”.

(7) In the Further Education Act 1985, in subsection (10) of section 3 (financial and accounting provisions), for paragraph (a) of the definition of “rate fund” there shall be substituted—

“(a) in relation to the Inner London Education Authority, means as respects the year ending on 31st March 1986, any fund for which a precept was issued by the Greater London Council and, as respects any period thereafter, the general fund; and”.

Footpaths and bridleways affected by development: transitional provision

6.  Where, before 1st April 1986, an abolished council granted, or would have had power to grant, a planning permission such as is mentioned in section 210(4) of the Town and Country Planning Act 1971, the competent authority for the purposes of that section after that date shall be the local planning authority.

Amendment of instruments

7.—(1) Any order (“a compulsory purchase order”) authorising the compulsory acquisition of land by an abolished council may be amended by the Minister by whom it was confirmed, or by whom it falls to be confirmed, by the substitution as the authority to be authorised to acquire the land comprised in the order of one or more successor authorities and thereafter the order shall have effect, or be considered and if confirmed have effect accordingly.

(2) Any instrument other than a compulsory purchase order made by an abolished council before the abolition date and submitted (whether before or after that date) to a Minister for confirmation may be amended by that Minister by the substitution of references to one or more successor authorities or to the areas of those authorities and thereafter the order, if confirmed, shall have effect accordingly.

(3) In this article “successor authority” has the same meaning as in section 97(5) of the Act.

Investigation of complaints of maladministration

8.—(1) This article applies to a complaint (“a transitional complaint”) such as is mentioned in section 26(1) of the Local Government Act 1974, which relates to action (“specified action”) taken by or on behalf of an abolished council in the exercise of their administrative functions before the abolition date.

(2) Subject to paragraph (6), a Local Commissioner may investigate or, as the case may be, continue to investigate a transitional complaint not withstanding the abolition of the council concerned.

(3) Subject to paragraphs (4) and (5), section 26 to 34 of the 1974 Act shall apply to all investigations conducted by virtue of paragraph (2) as if the specified action had been taken by or on behalf of the relevant authority (“the successor authority”) by whom the administrative functions in question are exercisable on and after the abolition date.

(4) Where the specified action relates exclusively to the exercise of administrative functions in connection with property which on the abolition date vests in a relevant authority other than the successor authority, paragraph (3) shall have effect as if that other relevant authority were the successor authority.

(5) In relation to a transitional complaint made after the abolition date, references in section 26 of the 1974 Act to a member of an authority concerned shall be construed as references to any of the following members—

(a) a member of a local authority for the area in which the person aggrieved resides;

(b) in the case of a complaint for which the Inner London Education Authority is the successor authority, a member of that Authority;

(c) in the case of a complaint for which a joint authority or an authority established under section 10 (waste disposal functions) of the Act is the successor authority, a member of a constituent council of that authority.

(6) Paragraph (2) shall not apply to any transitional complaint for which a relevant authority is the successor authority by virtue of paragraph (4) at any time after the property mentioned in that paragraph ceases to be vested in that authority unless the property in question then vests in another relevant authority.

(7) In this article—

(a) “relevant authority” means a local authority, a new authority, an authority established under section 10 of the Act, a residuary body and any other person by whom functions of an abolished council are exercisable on and after the abolition date or in whom property of a such a council is vested on that date;

(b) “action”, “local authority”, “Local Commissioner” and “person aggrieved” have the same meaning as in Part III of the 1974 Act; and

(c) the reference to an abolished council in paragraph (1) includes a reference to—

(i) the members and officers of that council,

(ii) any person or body of persons acting for the council under section 101 or section 110 of the Local Government Act 1972,

(iii) any committee mentioned in section 101(9) of the 1972 Act, or

(iv) any appeal committee constituted in accordance with paragraph 1 of Schedule 2 to the Education Act 1980.