Local Government Act 1985

PART IAmendments of the [1980 c. 66.] Highways Act 1980

1In 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" .

2In 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. "

3In section 4(3), before the word " district" , there shall be inserted the word " non-metropolitan" .

4In 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”.

5At 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." .

6In section 20(8) for the words " sections 156 and 159 " there shall be substituted the words " section 156" .

7In 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" .

8In section 34, after the words " county council," there shall be inserted the words " a metropolitan district council," .

9In 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" .

10In section 39, after the words " county council" , there shall be inserted the words " or metropolitan district council" .

11In section 42(1) and (3), before the word "district" in the first place where it occurs, mere shall be inserted the word " non-metropolitan" .

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

13In 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" .

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

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

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

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

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

19In 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" .

20In 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" .

21At 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." .

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

23In 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 " .

24In 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”.

25In sections 134(7) and (10)(a), 143(1)(a), 146(2)(a) and (5)(b). 147(1)(a), 156(2)(i) and 175, before the word " district" , there, shall be inserted the word " non-metropolitan" .

26In 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" .

27In 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;

28In section 160(2) for the words from "the Greater London Council" to "the Council" there shall be substituted the words " the highway authority that any person mentioned in paragraph (a), (b) or (c) of subsection (1) above has caused an unnecessary obstruction for the purposes of this section, that authority" .

29In section 186—

(a)in subsection (1) for the words " and of every " there shall be substituted the words " , metropolitan district and" ; and

(b)in subsections (5)(b) and (7), after the words " county council " there shall be inserted the words " , metropolitan district council" .

30In section 189(1) for the words " a London" there shall be substituted the words " , metropolitan district council or London" .

31In section 196(8)(a), after the word "council" there shall be inserted the words " or metropolitan district council" .

32In section 197(1) for the word " the " in the second place where it occurs there shall be substituted the words " metropolitan district council or" .

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

34In 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." .

35In 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" .

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

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

38In section 264—

(a)in subsection (1), after the word " county " in both places where it occurs, there shall be inserted the words " or metropolitan district" ;

(b)for subsection (2) there shall be substituted—

“(2)The drains belonging to a highway—

(a)which immediately before the date of the abolition of the Greater London Council under the Local Government Act 1985 was a metropolitan road; and

(b)which did not become a trunk road on that date by virtue of an order made under paragraph 53 of Schedule 4 to that Act,

vest in the council of the London borough in which the highway is situated or, if it is situated in the City in the Common Council, and where any other drain or sewer was, at the date when the highway became a metropolitan road, used for any purpose in connection with the drainage of that highway, that council shall have the right of using the drain or sewer for that purpose.”;

(c)in subsection (3)—

(i)in paragraph (a), before the word "district" , there shall be inserted the word " non-metropolitan" ;

(ii)in paragraph (c) for the words " or the Greater London Council" there shall be substituted the words " , metropolitan district council or London borough council or the Common Council" .

39In 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" .

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

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

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

43In 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" .

44In paragraph 1 of Schedule 23 for the words " they have " there shall be substituted the words " it has" .