SCHEDULES

Section 1.

SCHEDULE 1The London Boroughs

PART I

Areas etc. of the London boroughs

PART II

Definition of certain boundaries

1The boundary between the London boroughs numbered 6 and 17 respectively in Part I of this Schedule in the existing metropolitan borough of Woolwich shall be the line for the time being of the centre of the navigable channel of the River Thames at low water.

2The boundary between the London boroughs numbered 9 and 10 respectively in the said Part I in the existing metropolitan borough of Wandsworth shah fee such as the Minister may by order determine on or near the general line of Hazelbourne Road, Cavendish Road, the railway between Balhain and Streatihaim Common stations and the railway between Streatham and Mitchaim Junction stations.

3The boundary between the London boroughs numbered 14 and 16 respectively in the said Pant I in the existing borough of Dagenham shall be such as the Minister may by order determine on or near the general line of Billet Road.

4The boundary of the London borough numbered 14 in the said Part I in the existing urban district of Chigwell shall be a line beginning where the eastern boundary of the railway from Ilford to Woodford crosses the existing urban district 'boundary and running northwards along that eastern boundary to the southern edge of the footway on the south side of Manor Road, thence north-eastwards along that southern edge to the eastern boundary of No. 251 Manor Road, thence south-eastwards along that eastern boundary and in a straight line in continuation thereof to the northern boundary of the London county council's Hainault estate, thence north-eastwards along that northern boundary to the western edge of the footway on the western side of Romford Road, and thence south-eastwards along that western edge to the point where it crosses the existing urban district boundary.

5The boundary between the London boroughs numbered 16 and 17 respectively in the said Part I in the existing borough of Barking shall be such as the Minister may by order determine on or near the general line of the River Roding and Barking Creek.

6The boundary between the London boroughs numbered 18 and 19 respectively in the said Part I in the existing urban district of Chislehurst amid Sidcup shall be such as the Minister may by order determine on or near the general line of route A.20.

PART III

Division of borough into wards, etc.

1If at any time the Secretary of State is satisfied as respects any London borough, whether on representations made to him by the council of the borough or otherwise, that there are sufficient grounds for considering an alteration of—

(a)the number of the wards of the borough ; or

(b)the boundaries of any of those wards ; or

(c)the number of councillors of the borough ; or

(d)the apportionment of those councillors among those wards ; or

(e)the name of any ward,

he shall cause such notices to be given concerning the matter as he may .think expedient.

2The Secretary of State after considering any representations made in consequence of any notice given under the foregoing paragraph—

(a)if he considers that no inquiry is necessary and is satisfied that an alteration with respect to the matter to which the notice related is desirable, may make provision accordingly by order;

(b)in any other case, shall appoint a commissioner to hold a local inquiry and to report to the Secretary of State what alterations, if any, such as are mentioned in that paragraph the commissioner recommends should be made with respect to the borough in question.

3Upon receiving any report by a commissioner appointed under the last foregoing paragraph, the Secretary of State may ask that commissioner for a further report on any matter raised at the inquiry held by him but not dealt with in his report.

4The commissioner shall cause a copy of any report by him under either of the two last foregoing paragraphs to be sent to the town clerk of the London borough concerned and to any other person who appeared before the commissioner.

5The Secretary of State may by order give effect to the recommendations of any such commissioner either with or without modifications or may decide that no alteration such as is mentioned in paragraph 1 of this Part of this Schedule shall for the time being be made.

6Any order made under paragraph 2(a) or 5 of this Part of this Schedule may contain such incidental, consequential, supplementary or transitional provision as appears to the Secretary of State to be necessary or expedient, including the revocation or amendment of any provision of a London borough's charter or incorporation order which relates to the same matter as the Secretary of State's order.

7In considering the boundaries of the wards in a London borough, the Secretary of State and any commissioner appointed under this Part of this Schedule shall—

(a)so far as reasonably practicable, and taking into account any change in the number or distribution of inhabitants of the borough likely to take place within the period of five years immediately following the consideration, ensure that the ratio of the number of local government electors to the number of councillors to be elected is as nearly as may be the same in every ward ; and

(b)have regard—

(i)to the desirability of fixing boundaries which are and will remain easily identifiable ; and

(ii)to any local ties which have been or would be broken by the fixing of any particular boundary.

8Any expenses incurred by the Secretary of State under this Part of this Schedule in relation to any London borough, excluding (without prejudice to section 88 of this Act) the costs of any local inquiry caused to be held by him, shall, if and to such extent as the Secretary of State so requires, be repaid to him by the council of that borough.

Section 2.

SCHEDULE 2Constitution and General Functions of Greater London Council

Chairman, vice-chairman, deputy chairman and aldermen

1(1)Subject to sub-paragraph (2) of this paragraph, sections 3 to 7 of the Local Government Act 1933 and section 14 of the Local Government (Miscellaneous Provisions) Act 1953 shall apply in relation to the chairman, vice-chairman and alderman of the Greater London Council (hereafter in this Schedule referred to as " the Council ") as if in those sections—

(a)for any reference to a county council there were substituted a reference to the Council;

(b)for any reference to county aldermen or county councilors there were substituted references to aldermen or councillors, as the case may be, of the Council;

(c)for any reference to the provisions of that Act relating to the retirement of county councillors there were substituted a reference to the provisions of this Schedule relating to the retirement of councillors of the Council.

(2)In their application to the Council, the said provisions of the said Act of 1933 shah have effect subject to the following modifications, that is to say—

(a)section 3(5) and section 5(3) from " except" onwards shall be omitted ;

(b)section 6(2) shall have effect as if for the words " one-third " and " three " 'wherever those words occur there were substituted respectively the words " one-sixth " and " six " ;

(c)the reference in section 6(4) to those who have been aldermen for the longest time without re-election shall in relation to the year 1967 be construed as a reference to those of the first aldermen of the Council who were elected by the smallest number of votes ; and if it is necessary to decide between two or more of those aldermen who received an equal number of votes, the choice shall be made by drawing lots at, and under the direction of the person presiding at, the annual meeting of the Council for 1964.

(3)The Council may appoint a member thereof to be deputy chairman thereof, and section 5 (2) and (3) of the said Act of 1933 shall apply in relation to the deputy chairman as they apply in relation to the vice-chairman of the Council.

Councillors

2Councillors of the Council shall be elected by the local government electors for Greater London in manner provided by this Act and Part I of the Representation of the People Act 1949.

3(1)The term of office of councillors of the Council shall be three years, and they shall retire together in the year 1967 and each third year thereafter.

(2)The day on which councillors of the Council retire as aforesaid shall be—

(a)in any year before the relevant year of election, the fourth day after the day of election;

(b)in the relevant year of election and any subsequent year, the ordinary day of retirement of borough councilors in England and Wales;

and the newly elected councillors of the Council shall come into office on the day on which their predecessors retire.

4For the purposes of any election of councillors of the Council before the ordinary election in the relevant year of election, each of the London boroughs other than the borough numbered 1 in Part I of Schedule 1 to this Act (hereafter in this Schedule referred to as " borough 1 ") shall form an electoral area returning the aggregate number of councillors specified in relation to that borough in column 3 of the said Part I, and borough 1 together with the City and the Temples shall form an electoral area returning the aggregate number of councillors specified in relation to borough 1 in the said column 3.

5For the purposes of the ordinary election of councillors of the Council in the relevant year of election and any subsequent election of such councillors, each London borough other than borough 1, and borough 1 together with the City and the Temples, shall be divided into such electoral areas each returning one councillor as the Secretary of State, after causing such notices to be given concerning the matter as he thinks expedient, may direct by order (being, except in the case of a borough or other area falling within paragraph 7(1)(b) of this Schedule, an order by virtue of paragraph 8(1) of this Schedule); and there shall be a separate election of a councillor for each of those areas.

6If at any time the Secretary of State is satisfied, whether on representations made to him by the council of a London borough, or by the Greater London Council, or, in relation to borough 1, by the Common Council, or otherwise, that there are sufficient grounds for considering an alteration—

(a)in the number of councilors of the Greater London Council to be elected for any such borough, or, in the case of borough 1, for that borough together with the City and the Temples; or

(b)in the boundaries within any such boroughs of any of the electoral areas into which the borough is for the time being divided for the purpose of the election of those councilors ; or

(c)of the name of any of those electoral areas,

he may, after causing such notice to be given concerning the matter as he thinks expedient, by order (being, except in the case of a borough or other area falling within paragraph 7(1)(b) of this Schedule, an order by virtue of paragraph 8(1) of this Schedule) make any such alteration as aforesaid.

7(1)In considering for the purposes of paragraphs 5 and 6 of this Schedule the boundaries of any electoral area or the number of councillors of the Council to be elected for any borough or other area, the Secretary of State and, so far as those matters fall to be considered by him, any commissioner appointed by virtue of paragraph 8 of this Schedule—

(a)shall ensure that the whole of the City and the Temples is included with part of borough 1 in the same electoral area and that each other electoral area lies wholly within a single London borough;

(b)shall- ensure that where a London borough does not include any part of a parliamentary constituency of which part is included in some other London borough, county borough or county district, each parliamentary constituency within the borough shall be an electoral area ; and

(c)in any case not falling within paragraph (b) of this sub-paragraph shall, subject to paragraph (a) thereof, ensure, so far as reasonably practicable and taking into account any change in the number or distribution of the inhabitants of Greater London likely to take place within the period of five years immediately following the consideration—

(i)that the number of local government electors in any one electoral area in the borough is as nearly as may be the same as the number of such electors in the other electoral areas in the borough and, so far as the operation of the other provisions of this paragraph permits, the same as the average number of such electors in each electoral area of Greater London ; and

(ii)subject to sub-paragraph (i) of this paragraph, that each electoral area in the borough consists of two or more complete wards of the borough ;

and shall have regard to the desirability of fixing boundaries which are easily identifiable and to any local ties which have been or would be broken by the fixing of any particular boundary.

(2)For the purposes of sub-paragraph (1)(b) and (c) of this paragraph, the City and the Temples shall be deemed to form part of borough 1, and to constitute a complete ward of that borough.

(3)For the purposes of sub-paragraph (1)(c) of this paragraph, the average number of local government electors in each electoral area in Greater London on any date shall be taken to be a number obtained by dividing the aggregate number of local government electors registered on that date in the several registers of local government electors for Greater London by the number of electoral areas in Greater London existing on that date.

8(1)Paragraphs 2 to 5 of Part III of Schedule 1 to this Act shall apply in relation to a notice given under paragraph 5 or 6 of this Schedule (other than a notice relating only to a borough or other area falling within paragraph 7(1)(b) of this Schedule) as they apply in relation to a notice under paragraph 1 of the said Part III, and accordingly—

(a)any reference in the said paragraphs 2 to 5 to the said paragraph 1 shall include a reference to paragraph 5 or, as the case may be, 6 of this Schedule (except so far as that paragraph relates to any such borough or other area as aforesaid); and

(b)the reference in paragraph 4 of the said Part III to the town clerk of the borough concerned shall include a reference to the clerk to the Greater London Council.

(2)Any order made under paragraph 5 or 6 or by virtue of paragraph 8(1) of this Schedule may contain such incidental, consequential, supplementary or transitional provision as appears to the Secretary of State to be necessary or expedient.

(3)Any expenses incurred by the Secretary of State by virtue of paragraphs 5 to 8 of this Schedule, excluding (without prejudice to section 88 of this Act) the costs of any local inquiry caused to be held by him, shall, if and to such extent as the Secretary of State so requires, be repaid to him by the Council.

9Except in the exercise of a casting vote when presiding over a meeting of the Council or a committee thereof—

(a)a councilor of the Council elected for an electoral area which includes the City and the Temples shall not vote at any such meeting on any matter involving only expenditure on account of which no part of the City, the Temples or borough 1 is for the time being liable to be charged; and

(b)a councillor of the Council elected for any other electoral area shall not vote at any such meeting on any matter involving, only expenditure on account of which the London borough in which that electoral area is situated is not for the time being liable to be charged.

Supplementary provisions as to the Council

10The Council shall be a local authority within the meaning of the Local Government Act 1933.

11(1)In their application to the Council by virtue of the last foregoing paragraph, the provisions of Part II of, and Schedule 3 to, the said Act of 1933 (which contain general provisions as to members and meetings of local authorities and elections) shall apply in like manner as if Greater London were a county and the Council were the council of that county and as if in those provisions—

(a)any reference to a county alderman or county councilor included a reference to an alderman or, as the case may be, councillor of the Council;

(b)any reference to election under that Act included a reference to election under this Act;

(c)for the references in sections 67 (2) and 72 (1) of that Act to the county returning officer there were substituted references to the clerk to the Council.

(2)In its application to the Council, the said Schedule 3 shall have effect subject to the following modifications, that is to say—

(a)in any year (including 1964) which is a year of election of councillors of the Council, the annual meeting of the Council shall be held on the eighteenth day after the day of election or on such other day within the seven days immediately following that eighteenth day as the Council may fix ;

(b)in paragraph 2 (2) of Part I, for any reference to five members there shall be substituted a reference to twenty members ;

(c)notwithstanding anything in paragraph 2(3)(b) of Part I, if a member of the Council gives notice in writing to the clerk to the Council that he desires summonses to attend meetings of the Council to be sent to him at some address specified in the notice other than his place of residence, any summons addressed to him and delivered at or sent by post to the address so specified shall be deemed sufficient service of the summons ;

(d)paragraph 3(2) of Part I shall have effect as if after the word " vice-chairman " there were inserted the words " or, in his absence, the deputy chairman (if any) " ; and in paragraph 3 (3) of Part I the reference to the vice-chairman shall be construed as a reference to both the vice-chairman and the deputy chairman, if any;

(e)notwithstanding anything in paragraph 3 of Part V or in any other enactment or rule of law to the contrary, the minutes of the proceedings of meetings of the Council or any committee thereof may be recorded on loose leaves consecutively numbered, the minutes of the proceedings of any meeting being signed, and each leaf comprising those minutes being initialled, at the same or the next ensuing meeting of the Council or, as the case may be, at the same or any subsequent meeting of the committee by the person presiding thereat; and any minutes purporting to be so signed shall be received in evidence without further proof.

(3)Without prejudice to their powers by virtue of paragraph 10 of this Schedule under section 85 of the said Act of 1933, the Council may delegate to the Inner London Education Authority, or to any education committee established by that Authority under Part II of Schedule 1 to the Education Act 1944, any functions which they might delegate under subsection (1) of the said section 85 to a committee appointed by the Council under that subsection.

Officers and records, etc., of the Council

12(1)The Council shall appoint from among fit persons a clerk and a treasurer to the Council and such other officers as the Council think necessary for the efficient discharge of the Council's functions and shall pay to any person so appointed such reasonable remuneration as the Council may determine; and, subject to section 121 of the Local Government Act 1933, any such person shall hold office during the pleasure of the Council.

(2)The offices of clerk and treasurer respectively to the Council shall not be held by the same person or by persons who stand in relation to one another as partners or as employer and employee.

(3)Any vacancy in the office of treasurer to the Council shall be filled within four months after its occurrence.

(4)Section 115 of the said Act of 1933 (which relates to the appointment of standing deputies for officers) shall have effect in relation to the clerk and the treasurer to the Council as if this paragraph were included in Part IV of that Act; and section 120 of that Act (which relates to the accountability of officers of local authorities) shall have effect as if the reference to the treasurer of a county included a reference to the treasurer to the Council.

(5)Any person serving under the Council shall be an agent within the meaning of the Prevention of Corruption Act 1906.

13All records and documents relating to the business of the Council shall, subject to any directions which the Council may give, be in the charge and custody of the clerk to the Council who, subject to any such directions, shall be responsible therefor.

Additional powers of Council with respect to land etc.

14The purposes for which, by virtue of paragraph 10 of this Schedule, the Council is empowered by section 157 (1) of the Local Government Act 1933 to acquire land by agreement shall include the benefit, improvement or development of Greater London; but the Council shah not have power by virtue of this paragraph to acquire land outside Greater London except with the consent of the Minister.

15The Council may be authorised to purchase compulsorily any land, whether situated within or outside Greater London, for the purpose of any of their functions, and the said Act of 1933 shall have effect as if the power conferred by this paragraph had been conferred by that Act.

16The Council may—

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

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

(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 Council;

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

17(1)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 Council by virtue of any gift, loan or discovery, the Council may adapt, furnish and maintain any premises given to, and for the time being vested in, the Council for the purposes of this sub-paragraph.

(2)The Council may let any building vested in the Council for the purposes of the foregoing sub-paragraph on such terms and conditions as to payment or otherwise as the Council think fit, and may make charges for admission to any such building which may for the time being be under the management and control of the Council.

18The Council may in the case of any building in Greater London—

(a)cause investigations to be made, and information to be published, with respect to the history of the building ;

(b)provide for the giving of advice as to whether or not the building should be preserved and, if so, as to the method of preserving it.

Expenses and receipts

19(1)All receipts of the Council, whether for general or special London purposes, shall be carried to a general fund, and all liabilities falling to be discharged by the Council, whether for general or special London purposes, shall be discharged out of that fund ; and in the application of any other Act to the Council, any reference in that Act to the general rate fund or to the county fund shall be construed in relation to the Council as a reference to their general fund.

(2)In this Schedule and, except where the context otherwise requires, and subject to section 36 (2) of this Act, in any other enactment relating to the expenses of the Council—

(a)the expression " general London purposes " means all purposes for expenditure on which the whole of Greater London is chargeable;

(b)the expression " special London purpose " means any purpose for expenditure on which part only of Greater London is chargeable.

20Separate accounts shall be kept of receipts carried to, and payments out of, the Council's general fund—

(a)for general London purposes ;

(b)for each special London purpose, so, however, that one separate account may be kept as respects any two or more special London purposes in the case of which the area chargeable is the same ;

and the account for general London purposes shall be called the general London account and an account for any special London purpose shall be called a special London account.

21All expenses incurred by the Council under any enactment shall, unless the enactment otherwise provides, be deemed to be expenses for general London purposes ; and in determining the amount of expenses for any particular London purpose, whether general or special, a proper proportion of the cost of the officers and buildings and establishment of the Council may be added to the expenses directly incurred for that purpose.

22The Council shall have power to issue precepts for the levying of rates to meet all liabilities falling to be discharged by the Council for which provision is not otherwise made; and any such precept may include as separate items contributions for general and special London purposes respectively and shall be so issued as to secure that the rate is levied—

(a)in the case of a rate to meet liabilities in respect of expenditure for general London purposes, on the whole of Greater London; and

(b)in the case of a rate to meet liabilities in respect of expenditure for a special London purpose, on the area chargeable therewith.

23The accounts of the Council shall be included among the accounts which are subject to audit by a district auditor under Part X of the Local Government Act 1933.

24The Council may determine that any expenses incurred by the Council in promoting or opposing any Bill under Part XIII of the Local Government Act 1933 shall be treated as expenses incurred for special London purposes.

Capital expenditure, loans and borrowing by the Council

25The expenditure by the Council on capital account or on lending to other persons shall be regulated by annual money Acts, the Bills for which shall be promoted by the Council and each of which shall make provision for a financial period consisting of a financial year (that is to say, a period of twelve months ending on the thirty-first day of March) and the immediately following six months.

26(1)During any such financial period as aforesaid, the Council may expend on capital account for such purposes as may be mentioned in the relevant annual money Act such sums as the Council think fit not exceeding the amounts specified in that Act in relation to those purposes for the first twelve months and the last six months respectively of that period.

(2)In addition to any other money which the Council are authorised by any such Act to expend for any purpose in the last six months of the relevant financial period, the Council may also expend for that purpose during those last six months any money which they are by that Act authorised to expend but have not expended for that purpose in the first twelve months of that period.

(3)Any money expended in the last six months of a financial period shall be treated as expenditure on account of the financial year comprising those six months.

27(1)During any such financial period as aforesaid the Council may lend to persons of any class mentioned in the next following sub-paragraph such sums as the Council think fit not exceeding the amounts specified in the relevant annual money Act in relation to loans to persons of that class for the first twelve months and the last six months respectively of that period.

(2)The classes of persons referred to in the foregoing sub-paragraph are—

(a)the London borough councils ;

(b)any other persons having power to levy or to issue a precept for a rate within Greater London or to make any charge on a rate leviable within Greater London or to take or charge within Greater London any due or imposition in the nature of a rate ;

(c)the governors or managers of educational institutions, including special or approved schools ;

(d)committees of school treatment centres ;

(e)the governors or committees of voluntary hostels, homes or other establishments ;

(f)persons desiring to borrow money under the Small Dwellings Acquisition Acts 1899 to 1923 or the Housing (Financial Provisions) Act 1958 ;

(g)persons of any other class specified in the relevant annual money Act.

(3)In addition to any other money which the Council are authorised by an annual money Act to lend to any class of persons in the last six months of a financial period, the Council may also lend to any persons of that class during those six months any money which the Council are by that Act authorised to lend but have not lent to persons of that class in the first twelve months of that period.

(4)A loan made under this paragraph during the last six months of a financial period shall be treated as a loan made on account of the financial year comprising those six months.

(5)Subject to the provisions of any enactment relating to the borrowing powers of the person concerned, any person shall have power to borrow from the Council any money which the Council are by virtue of the foregoing provisions of this paragraph authorised to lend to that person.

(6)Money lent under this paragraph shall be repaid to the Council with interest within such period as the borrower (with the consent of the Minister where his consent is necessary to the borrowing) and the Council may agree, but the period shall not exceed—

(a)in the case of money lent to a person borrowing as mentioned in sub-paragraph (2)(f) of this paragraph, eighty years ;

(b)in any other case, sixty years.

(7)Money lent under this paragraph may be made repayable either in one sum or by instalments or by a series of equal annual or other instalments comprising both principal and interest or otherwise as may be agreed between the Council and the borrower.

(8)Where the Council lend money to a person whose power to borrow is subject to the consent of the Minister, the consent of the Minister to the borrowing of the money shall be conclusive evidence that that person had power to borrow the money at the time when the consent was given.

28(1)If the whole of the amount authorised by an annual money Act to be expended for any authorised purpose in the first twelve or last six months of the relevant financial period aforesaid is not required to be so expended, the Council may with the approval of the Treasury expend for any other authorised purpose in those twelve or, as the case may be, six months (in addition to the amount authorised in relation to that other purpose) an amount not exceeding the unexpended portion of the first-mentioned amount.

(2)If by reason of unforeseen circumstances the amount authorised by an annual money Act to be expended for any authorised purpose in the first twelve or last six months of the relevant financial period aforesaid is found to be insufficient, the Treasury may on the application of the Council authorise the Council to expend for that purpose such further sums as it is shown to the satisfaction of the Treasury to be necessary or desirable for the Council so to expend, not exceeding in the aggregate such amount as may be authorised in that behalf by that Act in relation to those twelve or, as the case may be, six months.

(3)In ascertaining for the purposes of paragraph 26(2) or 27(3) of this Schedule the amount which may be expended for any authorised purpose in the last six months of the financial period aforesaid to which an annual money Act relates, there shall be taken into account the extent to which the sum authorised to be expended for that purpose in the first twelve months of that period has been expended under sub-paragraph (1) of this paragraph for any other authorised purpose.

(4)The provisions of paragraph 27(6) to (8) of this Schedule shall apply to any loan under this paragraph as they apply to any loan under that paragraph.

(5)In this paragraph references in connection with an annual money Act to expenditure for an authorised purpose are references to expenditure—

(a)on capital account for a purpose mentioned in that Act; or

(b)on loans to persons of a class either mentioned in paragraph 27(2)(a) to (f) of this Schedule or specified in that Act.

29Notwithstanding anything in section 195 of the Local Government Act 1933, the Council may borrow money for the purpose of expenditure on capital account or on lending if, but only if, the expenditure is authorised by an annual money Act; and where any such expenditure is so authorised the consent of the sanctioning authority within the meaning of Part IX of the said Act of 1933 shall not be required to any borrowing for the purpose thereof.

Insurance fund

30(1)The Council may establish a fund (in this paragraph referred to as " the insurance fund ") to be available for making good such losses, damages, costs and expenses as may from time to time arise in respect of such risks as the Council may determine (in this paragraph referred to as " the specified risks ").

(2)The establishment of the insurance fund shall not prevent the Council from insuring in any insurance office in the United Kingdom against the whole or any part of the specified risks.

(3)The Council shall in respect of each year after the establishment of the insurance fund pay into that fund such sum as they think necessary not exceeding the aggregate of—

(a)a sum which in their opinion would be the aggregate amount of the premiums which would be payable during the year if the Council were fully insured against the specified risks in an insurance office in the United Kingdom ; and

(b)a sum equal to the amount of any income arising from the fund which is carried to the general London account of the Council's general fund under sub-paragraph (6) of this paragraph ;

but so long as the insurance fund amounts to or exceeds a sum which in the opinion of the Council is reasonably necessary to cover the specified risks the Council may if they think fit discontinue the yearly payments required by this sub-paragraph.

(4)The amount by which any sum paid into the insurance fund in respect of any year exceeds the sum referred to in sub-paragraph (3)(b) of this paragraph may at the discretion of the Council be provided from the respective revenues, funds or rates which, if the specified risks were insured in an insurance office, would be properly chargeable with the payment of the premiums on that insurance or may be provided as a payment for general London purposes.

(5)Pending the application of the insurance fund for the purposes authorised by this paragraph, the moneys in the fund shall, unless applied in any other manner authorised by any enactment, be invested in any investment for the time being authorised by law for the investment of trust property ; and sections 1 to 6 of the Trustee Investments Act 1961 shall apply in relation to the power of investment conferred on the Council by this sub-paragraph as if the Council were trustees and the insurance fund were trust property.

(6)Any income arising from the investment of money in the insurance fund or otherwise from the application of that fund shall be credited to the general London account of the Council's general fund.

(7)If at any time the insurance fund is insufficient to make good any losses, damages, costs or expenses arising in respect of any specified risk, the Council shall make good the deficiency as a payment for general London purposes and may for that purpose borrow money.

(8)Where the Council insure against any risk in any insurance office in the United Kingdom, the Council may if they think fit pay out of the insurance fund any premiums payable in respect of that insurance; but no such premium shall be so paid if in consequence of the payment the fund would be reduced to less than the sum which in the opinion of the Council is reasonably necessary to cover the specified risks.

(9)Any covenant or obligation binding on the Council to insure against any risk shall, except in so far as the terms of the covenant or obligation otherwise specifically provide, be deemed to be satisfied by a determination by the Council that that risk shall be a specified risk.

(10)Without prejudice to the generality of the last foregoing sub-paragraph, where the effecting by the Council of an insurance in respect of any risk would satisfy any obligation imposed on the Council by section 119(1) of the Local Government Act 1933, a determination by the Council that that risk shall be a specified risk shall be deemed to satisfy that obligation.

(11)References in this paragraph to insurance in an insurance office in the United Kingdom shall be deemed to include references to insurance with an underwriter carrying on business in the United Kingdom.

Extension of certain provisions to Council

31The Council shall be a local authority within the meaning of the following enactments—

(a)the Ferries (Acquisition by Local Authorities) Act 1919 ;

(b)section 1 of the Local Authorities (Publicity) Act 1931 ;

(c)the Electricity Act 1947 ;

(d)sections 111 (1) (g), 130 and 136 of the Local Government Act 1948;

(e)the Gas Act 1948 ;

(f)section 454 of the Income Tax Act 1952 ;

(g)section 1 of the Trading Representations (Disabled Persons) Act 1958 ;

and the following enactments shall apply to the Council as if they were the council of a county, that is to say—

(i)Part VI and section 129 of the Local Government Act 1948 ;

(ii)sections 1 to 3 of the Local Government (Miscellaneous Provisions) Act 1953 ;

(iii)the Local Authorities (Expenses) Act 1956 ;

(iv)the Litter Act 1958.

Section 8.

SCHEDULE 3Parliamentary and Local Government Elections in and Around Greater London

PART IProvisions as to Elections

Constituencies and returning officers for parliamentary elections

1It is hereby declared that nothing in this Act affects the constituencies for the time being established for the purposes of parliamentary elections and accordingly those constituencies as constituted immediately before 1st April 1965 shall remain unchanged on and after that date until altered by an Order in Council under the House of Commons (Redistribution of Seats) Act 1949.

2(1)On and after 1st April 1965 the returning officer for a parliamentary election for any county constituency situated wholly or partly in Greater London shall be the mayor of such London borough, or such sheriff of a county, mayor of a borough or chairman of the council of an urban district outside Greater London, as the Secretary of State may determine.

(2)Until 1st April 1965 the returning officer for a parliamentary election for any constituency situated wholly or partly in Greater London shall be the person who would by virtue of the Representation of the People Act 1949 have held that office apart from the changes of administrative areas effected by this Act.

Registration of electors

3(1)On and after 1st April 1965 the registration officer for a county constituency situated wholly or partly in Greater London shall be the clerk of the authority of such London borough, or of such county, borough or urban district outside Greater London, as the Secretary of State may determine.

(2)Until 1st April 1965 the registration officer for any constituency situated wholly or partly in Greater London shall be the person who would by virtue of the Representation of the People Act 1949 have held that office apart from the changes of administrative areas effected by this Act.

4(1)Subject to the provisions of this paragraph and paragraph 5 of this Schedule—

(a)as respects any areas in Greater London, the registers of parliamentary and local government electors which are, or apart from the said paragraph 5 would be, required by the Representation of the People Acts to be published not later than 15th February in the years 1964 and 1965 ; and

(b)as respects any administrative areas outside Greater London which are affected by Part I of this Act, the registers of parliamentary and local government electors required as aforesaid to be published not later than 15th February 1965,

shall be prepared and published on the basis that the changes of administrative areas (including the abolition of existing local government areas and the transfer of certain urban districts from one county to another) effected by Part I of this Act had all taken place on the passing of this Act; and in any provision of those Acts or of regulations thereunder relating to the registration of electors, corrupt and illegal practices lists and polling districts, references to local government areas and electoral areas shall, so far as concerns those registers, be construed as references respectively to the local government areas as they will exist as from 1st April 1965 and to the electoral areas in those local government areas.

(2)The foregoing sub-paragraph shall not affect—

(a)the provisions of the Representation of the People Act 1949 or paragraph 3(2) of this Schedule with respect to the office of registration officer ;

(b)the areas for which jurors books are to be prepared under the Juries Acts 1825 to 1954 ;

(c)the exercise of any powers conferred by section 11, 25 or 37 of the Local Government Act 1933 or section 84 of, or Schedule 1 or 2 to, this Act.

5(1)If it appears to the Secretary of State that any electoral area in Greater London for which councillors are elected to a London borough council will not be ascertained in time for the registers of parliamentary and local government electors for any constituency or local government area comprising that electoral area to be published in compliance with regulations under section 42 of the Representation of the People Act 1949 by 15th February 1964 (being the time required by section 1 of the Electoral Registers Act 1949), he may by order provide for the registers for that constituency or local government area to be published by such later date in 1964 as may be specified in the order; and subsection (6) of the said section 1 (which provides for continuing old registers in force where the new register is not published in the time required by that section and for determining the qualifying date for elections held on the old register) shall apply accordingly where those registers are not published before 15th February 1964.

(2)Any order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Provision as to local government elections before 1st April 1965

6(1)No election of councillors of the county of London or of Middlesex or of any existing county borough, metropolitan borough, non-county borough or urban district situated wholly within Greater London shall be held after the date of the passing of this Act, except an election to fill a casual vacancy in an office where before that date the office has been declared to be vacant or notice of the vacancy has been given under section 67(1) of the Local Government Act 1933 or section 42(1) of the London Government Act 1939 ; and any such councillor holding office immediately before that date or elected on or after that date to fill a casual vacancy occurring before that date shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until 1st April 1965.

(2)As respects any such county or borough—

(a)no ordinary election of aldermen shall be held after the passing of this Act;

(b)any alderman whose term of office would apart from this Act have expired between the passing of this Act and 1st April 1965 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until that date; and

(c)any casual vacancy occurring before 1st April 1965 in the office of alderman need not be filled unless the county or borough council so resolve.

(3)It shall not be necessary to fill any casual vacancy occurring during March 1965 in the office of—

(a)chairman of the London or Middlesex county council;

(b)mayor of any borough mentioned in sub-paragraph (1) of this paragraph ;

(c)chairman of the council of any urban district so mentioned.

7As respects the counties of Essex, Kent and Surrey the ordinary election of county councillors due (apart from this paragraph) to take place in April 1964 shall be postponed until such date in 1965 as the Secretary of State may by order specify in relation to the county in question, and—

(a)the county councillors and county aldermen due (apart from this paragraph) to retire on the ordinary day of retirement in 1964 or at the annual meeting of the county council in 1964, as the case may be, shall (unless they resign their offices or their offices otherwise become vacant) continue to hold office until the day in 1965 on which the county councillors elected at the postponed elections in that year come into office ;

(b)the county councillors elected at those postponed elections shall retire on the ordinary day of retirement of county councillors in 1967;

(c)on the said day in 1965 all the county aldermen shall retire and, of the aldermen elected at the postponed elections in that year, one half as near as may be of their number, being those elected by the smallest number of votes, shall retire immediately after the ordinary election of county aldermen in 1967 and the remainder shall retire immediately after the ordinary election of county aldermen in 1970 ;

(d)if it is necessary for the purposes of the last foregoing sub-paragraph to decide the order of retirement of two or more county aldermen who received an equal number of votes, the question shall be determined by drawing lots at, and under the direction of the person presiding at, the annual meeting of the county council in 1965.

8For the purpose of determining the date of the annual meeting, in 1964 of the council of any county or borough mentioned in paragraph 6 or 7 of this Schedule—

(a)in the case of any such county, 1964 shall be deemed not to be a year of election ; and

(b)in the case of any such county borough or non-county borough, as well as of the metropolitan boroughs, paragraph 2(2)(b) of Schedule 6 to the Representation of the People Act 1948 shall have effect as if the reference to the day of election were a reference to the day of election in all other boroughs in England and Wales.

9At the ordinary elections of councillors of the county of Hertfordshire and of the urban district of Chigwell due to take place in 1964, no councillors shall be elected for any electoral area situated wholly or partly in Greater London, and any such councillor elected for any such electoral area and holding office immediately before the passing of this Act shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until 1st April 1965.

10No election to fill any casual vacancy in the office of councilor of—

(a)any county mentioned in paragraph 7 or 9 of this Schedule; or

(b)the urban district of Chigwell,

shall be held after the date of the passing of this Act for any electoral area situated wholly or partly in Greater London, unless before that date the office has been declared to be vacant or notice of the vacancy has been given under section 67(1) of the Local Government Act 1933 ; and any such councillor elected for any such electoral area on or after that date to fill a casual vacancy occurring before that date shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until 1st April 1965.

11It shall be the duty of the Essex, Kent and Surrey county councils as soon as may be after the passing of this Act to take into consideration the boundaries and numbers of the electoral divisions and numbers of county councillors for their respective county review areas with a view to making a representation under section 11 of the Local Government Act 1933, and if any of those councils fails to carry out the said duty the Secretary of State may himself take those matters into consideration and make proposals with respect thereto ; and subsections (3) to (7) of that section shall apply to proposals made by the Secretary of State under this paragraph as they apply to representations made by the council of a county district under that section.

12The provisions of paragraphs 6 to 11 of this Schedule shall have effect notwithstanding anything in the Local Government Act 1933, the London Government Act 1939 or section 57 of, or Schedule 6 to, the Representation of the People Act 1948.

Conduct of elections of London borough councillors

13(1)The Representation of the People Acts shall apply to an election of London borough councillors as they apply to an election of other borough councillors subject, however, to the provisions of this paragraph and Parts II and III of this Schedule and subject also, in the case of the local elections rules in Schedule 2 to the Representation of the People Act 1949, to such adaptations, alterations and exceptions as may be made by rules made by the Secretary of State under this paragraph.

(2)The returning officer at an election of London borough councillors shall be—

(a)if the election is held before 1st April 1965, the clerk of such authority as may be designated by the Secretary of State ;

(b)if the election is held on or after that date, the town clerk of the borough.

(3)The returning officer at any such election may by writing under his hand appoint a fit person to be his deputy for all or any of the purposes of the election, and any functions which a returning officer is authorised or required to discharge in relation to the election may be discharged by a deputy so appointed.

(4)The provisions of the Representation of the People Act 1949 with respect to the functions of the returning officer at an election of metropolitan borough councillors shall apply to the election of London borough councillors, but any other provision of that Act which makes special provision with respect to the election of metropolitan borough councillors shall cease to have effect.

(5)Any rules made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Conduct of elections of councillors of Greater London Council

14(1)The Representation of the People Acts shall apply to an election of a councillor of the Greater London Council as they apply to an election of a county councillor subject, however, to the provisions of this paragraph and Parts II and III of this Schedule and subject also, in the case of the local elections rules in Schedule 2 to the Representation of the People Act 1949, to such adaptations, alterations and exceptions as may be made by rules made by the Secretary of State under this paragraph.

(2)The returning officer at an election of a councillor of the Greater London Council shall be—

(a)if the election is held before 1st April 1965, the clerk of such authority as may be designated by the Secretary of State ;

(b)if the election is held on or after that date, the town clerk of the borough which constitutes or includes the electoral area for which the election is held or, in the case of the electoral area which includes the City and the Temples, the town clerk of the London borough numbered 1 in Part I of Schedule 1 to this Act.

(3)The returning officer at any such election may by writing under his hand appoint a fit person to be his deputy for all or any of the purposes of the election, and any functions which a returning officer is authorised or required to discharge in relation to the election may be discharged by a deputy so appointed.

(4)Any rules made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Combined polls, polling districts and election notices for London borough and Greater London elections

15After 1964 the ordinary election of councillors of the Greater London Council shall be held in 1967 and each third year thereafter and the ordinary day of election of such councillors shall—

(a)in any year of election after 1964 and before the relevant year of election be the day fixed for the purpose for that year by the Secretary of State ;

(b)in the relevant year of election and each subsequent year of election be the day fixed for that year by the Secretary of State as the day of election of borough councillors in England and Wales.

16Any polling district formed for the purpose of the election of councillors for any ward of a London borough shall, if the ward is wholly included in the electoral area for the election of a councillor of the Greater London Council, be a polling district for the election of a councillor of that Council for that electoral area.

17The polls at an election of councillors for any ward of a London borough and at an election of a councillor of the Greater London Council for any electoral area which includes the whole or part of that ward shall, so far as they relate to polling districts which are the same for both elections, be taken together—

(a)in the case of all ordinary elections held in or after the relevant year of election ; and

(b)in the case of elections to fill casual vacancies in both offices where the same day of election is fixed for both elections.

18Without prejudice to section 34 of the Representation of the People Act 1949, any notice required to be given in connection with any election of London borough councillors or of a councillor of the Greater London Council may, where the polls are taken together, relate to both elections.

Payment of expenses of elections of London borough and Greater London councillors

19(1)Subject to sub-paragraph (4) of this paragraph and to section 69(3) of this Act, all expenses properly incurred by a returning officer in relation to the holding of an election of London borough councillors shall, in so far as, in cases where the scale fixed for the purposes of this sub-paragraph is applicable, they do not exceed that scale, be paid by the London borough council.

(2)Subject to sub-paragraph (4) of this paragraph and to the said section 69(3), all expenses properly incurred by a returning officer in relation to the holding of an election of a councillor of the Greater London Council shall, in so far as, in cases where the scale fixed for the purposes of this sub-paragraph is applicable, they do not exceed that scale, be paid by the Greater London Council.

(3)The power to fix a scale for the purposes of sub-paragraph (1) or (2) of this paragraph shall be exercisable—

(a)if the scale relates to elections held before 1st April 1965, by the Secretary of State;

(b)if the scale relates to elections held on or after that date, by the Greater London Council.

(4)Where the polls at an election of London borough councillors and of a councillor of the Greater London Council are taken together, the expenses properly incurred by the returning officers in relation to the holding of the elections shall be payable by the Greater London Council and the borough council in such proportions as may be determined under sub-paragraph (5) of this paragraph :

Provided that where one of those elections is an election of a councilor of the Greater London Council for an electoral area which includes the city and the Temples, so much of the expenses of the returning officer at that election as is attributable to things done in or in relation to the City and the Temples shall be left out of account for the purposes of the foregoing provisions of this sub-paragraph and accordingly (so far as properly incurred) shall be payable by the Greater London Council alone.

(5)The amount of any expenses payable under sub-paragraph (4) of this paragraph by the Greater London Council and a borough council and the proportion payable by each of the councils shall be taken to be such as may be agreed between them or as may, in default of agreement, be determined by the Secretary of State.

(6)Before a poll is taken at an election of a London borough councillor or councillor of the Greater London Council, the authority whose clerk is returning officer shall, at the request of the returning officer or any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.

Interpretation

20Any expression used in this Part of this Schedule which is also used in the Representation of the People Act 1949 shall have the same meaning in this Schedule as in that Act.

PART IIGeneral Modifications of Representation of the People Acts

21References in the Representation of the People Acts to a metropolitan borough, metropolitan borough council or metropolitan borough councillor shall until 1st April 1965 be construed as including, and on and after that date be construed as, references respectively to a London borough, London borough council or London borough councilor:

Provided that this paragraph shall not affect the construction of any reference in Schedule 1 to the Representation of the People Act 1948 or any Order in Council under the House of Gammons (Redistribution of Seats) Act 1949.

22References in the Representation of the People Act 1949, the Local Government Elections Act 1956 and the House of Commons (Redistribution of Seats) Act 1958 to a county (other than in the phrase " county constituency "), county council or county councilor shall be construed as including references respectively to Greater London, the Greater London Council or councillors of the Greater London Council.

23References in the said Acts of 1949 and 1956 in relation to elections of county councillors to an electoral division shall be construed in relation to elections of councilors of the Greater London Council as including references to an electoral area.

24The three last foregoing paragraphs shall have effect subject to any specific provision contained in Part III of this Schedule and, so far as they modify the local elections rules in Schedule 2 to the said Act of 1949, to the provisions of rules under paragraph 13 or 14 of this Schedule.

PART IIIModifications of Representation of the People Act 1949

25In section 5(5)(b) the words " expressed by the Act creating it to be " shall be omitted.

26As from 1st April 1965 sections 6(2) and 17(1) shall not apply to any county constituency situated wholly or partly in Greater London.

27(1)Section 22 (1) shall not apply in relation to elections of councillors of the Greater London Council.

(2)If the polling districts in an electoral area for the election of a councillor of the Greater London Council or in part of such an area are not determined by paragraph 16 of this Schedule, the council of the London borough which includes that electoral area or, in the case of an electoral area which includes the City and the Temples, the oouncil of the London borough numbered 1 in Part I of Schedule 1 to this Act may divide that area or, as the case may be, that part of that area into polling districts and may alter any polling district, and section 22 (3) shall apply to the power conferred by this paragraph.

28Section 26(2) to (7) shall not apply to elections of councillors of the Greater London Council.

29Section 27(2) to (5) shall not apply to elections of London borough councillors.

30Section 41(5) shall not apply to the Greater London Council.

31As from 1st April 1965, for section 110(3)(b) there shall be substituted—

“(b)if the said constituency is wholly or partly in Greater London, the petition may be heard at such place within Greater London as the High Court may appoint”.

32As from 1st April 1965, section 111(1) and (2) shall not apply to the trial of an election petition relating to a parliamentary election if the place of trial is at the Royal Courts of Justice or the Central Criminal Court.

33(1)In section 172 (1), the definition of " county " shall not apply in relation to Greater London, and in the definition of " local government Act" after the word " 1933 " there shall be inserted the words " or the London Government Act 1963 ",

(2)In section 172 (3), for the words " London county councillors " there shall be substituted the words " councillors of the Greater London Council ",

34In the local elections rules in Schedule 2—

(a)rule 3(3) shall be omitted ;

(b)rules 4(1)(b) and 4(2) shall not apply to an election of councillors of the Greater London Council;

(c)for rule 4(3) there shall be substituted the following :

“(3)At an election of councillors of the Greater London Council a notice shall be published by causing it—

(a)to be affixed to the town hall of the borough which constitutes or includes the electoral area and, if the electoral area includes the City of London, at the Guildhall of the said City ; and

(b)to be exhibited in such places in the electoral area as the returning officer may determine;”;

(d)in rule 4(4) for the word " London" in both places where it occurs there shall be substituted the words " Greater London

(e)for rule 47(b) there shall be substituted the following:—

“(b)at an election of councillors for the Greater London Council, to the clerk to that Council.”

35Paragraph 3 of Schedule 7 shall not apply to the Greater London Council.

36Any modifications of an enactment made by Part II or this Part of this Schedule shall not affect the operation of that enactment in relation to an election held on or after the date of the passing of this Act to fill a casual vacancy occurring before that date.

Section 8.

SCHEDULE 4Modifications of Local Government Act 1933

1In section 1(1), as from 1st April 1965, for the word " London " there shall be substituted the words " Greater London ",

2In sections 3(2), 5(2), 18(2) and 20(1), the words " or ceases to be qualified " shall be omitted.

3In sections 4(3), 7(5), 19(3) and 22(5) for the words from " whether or not" onwards there shall be substituted the words " whether or not he voted or was entitled to vote in the first instance, shall give a casting vote ",

4After section 6(3) there shall be inserted—

“(3A)If a county alderman is elected to and accepts the office of county councillor, his office of county alderman shall thereupon become vacant.”

5Section 18(7) and (10) and, in section 20(3), the words from " and " onwards shall not apply to a London borough.

6For section 21(2) there shah be substituted—

“(2)The number of aldermen shall be one-third of the whole number of councillors or, if that number is not divisible by three, one-third of the highest number below that number which is divisible by three.

(2A)In its application to a London borough, subsection (2) of this section shall have effect as if for the words ' one-third' and 'three' wherever those words occur there were substituted respectively the words 'one-sixth' and 'six'.”

7After section 21 (3) there shall be inserted—

“(3A)If an alderman is elected to, and accepts the office of, councillor of the borough, his office of alderman shall thereupon become vacant"”

8After section 23 (2) there shall be inserted—

“(2A)Subsection (2) of this section shall not apply to a London borough, but the term of office of councillors of such a borough shall be three years, and they shall retire together in the year 1967 and every third year thereafter on the ordinary day of retirement of borough councillors in England and Wales.”

9Section 25 shall not apply to a London borough.

10Nothing in section 59(1)(a) or (2) shall operate to disqualify any person from being elected or being—

(a)the chairman or an alderman of the Greater London Council;

(b)a councillor of the Greater London Council for an electoral area in an outer London borough;

(c)a member of the council of an inner London borough,

by reason of his being a teacher in, or being otherwise employed in, any school, college or other educational institution maintained or assisted by the liner London Education Authority.

11In section 65, at the end there shall be added—

“(h)in the case of a county alderman accepting the office of county councillor or of an alderman of a borough accepting the office of councillor of the borough, upon the date on which he accepts that office.”

12In section 67(2), for the words "by the mayor" there shall be substituted the words " (other than a London borough) by the mayor, in the case of an election of a councillor of a London borough by the returning officer ",

13In section 72(1)—

(a)after the word " borough " in the second place where that word occurs there shall be inserted the words " (other than a London borough) ";

(b)immediately before the words " district councillors" in the second place where those words occur there shall be inserted the words " councillors of a London borough or of ",

14In section 93 (1) (a), after the words " county council" there shall be inserted the words " the Greater London Council, the council of a London borough ",

15For section 97 there shall be substituted the following:—

“97Application to City of London of provisions relating to joint committees.

The provisions of this Part of this Act relating to joint committees shall apply to the Common Council of the City of London as if that City were a London borough and the Common Council were the council of that borough, but subject to the modification that a reference to disqualification under Part II of this Act shall be construed as a reference to disqualification under the provisions of any enactment for the time being in force relating to disqualification for membership of the Common Council.”

16In section 110, after the words "county borough" wherever those words occur there shall be inserted the words " London borough ",

17In section 112(5), after the words "county borough" there shall be inserted the words " London borough ",

18After section 123, there shall be inserted the following section:—

“123APayment of salary etc. due to mentally disordered person.

(1)Subject to the provisions of this section, the power of a local authority to pay remuneration to their officers shall include power, where the authority are satisfied after considering medical evidence that the person to whom, apart from this section, any sum to which this section applies is payable (hereafter in this section referred to as "the patient") is incapable, by reason of mental disorder within the meaning of the Mental Health Act 1959, of managing and administering his property and affairs, to pay that sum or such part thereof as the authority think fit to the institution or person having the care of the patient to be applied for his benefit and to pay the remainder, if any, or such part thereof as the authority think fit—

(a)to or for the benefit of persons who appear to the authority to be members of the patient's family or other persons for whom the patient might be expected to provide if he were not mentally disordered ; or

(b)in reimbursement, with or without interest, of money applied by any person either in payment of the patient's debts (whether legally enforceable or not) or for the maintenance or other benefit of the patient or such persons as are mentioned in the foregoing paragraph.

(2)This section applies to any sum payable by a local authority to an officer or pensioner of the authority, or to the widow or widower or a child of a deceased officer or pensioner thereof, by way of remuneration, pension, superannuation or other allowance, gratuity or annuity, or by way of repayment (with or without interest) of contributions made to any superannuation or other fund ; and in this subsection the expression " pensioner" includes a person entitled to any pecuniary benefit under any enactment or scheme for the establishment of a superannuation fund or a superannuation and provident fund administered by the local authority:

Provided that a local authority shall not in exercise of the powers conferred by subsection (1) of this section apply more than one hundred pounds in any year in respect of any one person.

(3)Before exercising their powers under this section in relation to any patient a local authority shall give to the authority having jurisdiction under Part VIII of the said Act of 1959 notice in writing of their intention so to do, specifying the name and address of the patient and the amount and nature of the sums in respect of which the local authority intend to exercise those powers, and the local authority shall, at the same time, give notice in writing to the patient in a form approved by the authority having jurisdiction as aforesaid ; and, except with the approval of the authority having jurisdiction as aforesaid, the local authority shall not make the first payment under this section in relation to that patient before the expiration of the period of fourteen days beginning with the date of the service of the notice.

(4)If at any time the authority having jurisdiction as aforesaid gives to the local authority notice in writing that the first-mentioned authority objects to the exercise by the local authority of their said powers in relation to any patient, those powers shall, as from the date of the receipt by the local authority of the notice, cease to be exercisable by the local authority in relation to that patient unless and until the first-mentioned authority withdraws the notice.

(5)A local authority shall be discharged from ail liability in respect of any payment or application of money effected by the authority in exercise of their powers under this section.”

19In section 157 (1), the words "under this or any other public general Act " shall be omitted.

20The purposes for which the council of a London borough is empowered by section 157(1) to acquire land by agreement shall include the benefit, improvement or development of the borough; but such a council shall not have power by virtue of this paragraph to acquire land outside the borough except with the consent of the Minister.

21In section 158(1), the words "by this or any other public general Act" shall be omitted.

22Section 171 shall not apply to an inner London borough.

23In section 176, the words "the provisions relating to the acquisition of land otherwise than by agreement and " shall not apply to Greater London.

24In sections 198(1) and 213(1), the references to sums borrowed as therein mentioned shall be construed as including references to sums borrowed by the Greater London Council under paragraph 29 of Schedule 2 to this Act.

25In section 212(1), for the words "or half-yearly" there shall fee substituted the words " half-yearly or quarterly " and, in section 212(2), after the words " six months " there shall be inserted the words " or, where the moneys are repayable by quarterly instalments, within three months ",

26In section 218, in the definition of " sanctioning authority ", after the word " means" there shall be inserted the words " in relation to the Greater London Council, the Treasury or, in relation to any other local authority ",

27In section 219—

(a)in paragraph (a), after the words " county council" there shall be inserted the words " of the Greater London Council, of every London borough council ";

(b)in paragraph (c), for the words "county or", there shall be substituted the words " county council, the Greater London Council, a ";

28Sections 237 and 239 shall not apply to a London borough.

29Sections 250 to 252 shall apply in relation to byelaws made under any enactment (whether passed before or after this Act) by the Common Council, whether acting as a local authority within the meaning of the enactment in question or as a port health authority, or by the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, as those sections apply in relation to byelaws made under the enactments mentioned in section 250 by a local authority within the meaning of that section.

30In section 250(9), references to a county, a county council and the council of a county district shall include references respectively to Greater London, the Greater London Council and the council of a London borough, except that, in the application of that subsection to byelaws relating to sewerage or sewage disposal, the references to a county shall be construed as including references to the sewerage area of the Greater London Council instead of Greater London.

31In section 250(10), for the words " and in the case of " there shall be substituted the words " or if no authority or person is so specified, or if the byelaws are ",

32In section 259, at the end there shall be added—

“(3)A borough council may expend such reasonable sum as they think fit for the purpose of presenting an address or a casket containing an address to a person admitted to be an honorary freeman of the borough.”

33Without prejudice to anything contained in its charter or incorporation order, sections 260 to 264 shall not apply to a London borough.

34Section 269(1) and (3) shall not apply to an inner London borough.

35(1)In section 270, for the words " or county borough" wherever those words occur there shall be substituted the words " county borough or London borough ",

(2)In section 270(1), after the word "district" there shall be inserted the words " and not being the council of a London borough ",

(3)After section 270(3) there shall be added:—

“(4)This section shall apply to the City of London as if it were a London borough and the Common Council were the council of that borough”

36In section 275(1)(b), for the words " or under " where first occurring there shall be substituted the words " the London Government Act 1963 or ",

37In relation to any parish which immediately before 1st April 1965 was situated wholly within Greater London—

(a)references in sections 281 and 282 to the borough in which a parish is situated shall be construed as including references to the London borough Whose area includes the area of that parish;

(b)section 281(3) shall have effect as if after the words "county borough" there were inserted the words " or a parish the area of which is included in the area of a London borough ",

38In section 286(1), for the words " any enactment passed or statutory order made after the commencement of thus Act" there shall be substituted the words " any other enactment or statutory order ",

39After section 287 there shall be inserted the following sections:—

“287AService of notices by local authority.

(1)Any document to which this section applies, being a document required or authorised to be served on any person, shall be deemed to be duly served—

(a)where the person to be served is a company, if the document is addressed to the secretary of the company at its registered office or at its principal office or place of business, and is either—

(i)sent by post, or

(ii)delivered at the registered office, or at the principal office or place of business, of the company;

(b)where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either—

(i)sent by post, or

(ii)delivered at the said place of business ;

(c)where the person to be served is a public body, or a corporation, society or other body, if the document is addressed to the clerk, secretary, treasurer or other head officer of that body, corporation or society at its principal office, and is either—

(i)sent by post, or

(ii)delivered at that office ;

(d)in any other case, if the document is addressed to the person to be served, and is either sent to him by post or delivered at his residence or place of business.

(2)Any document to which this section applies, being a document required or authorised to be served on the owner or occupier of any premises, may be addressed " the owner" or " the occupier," as the case may be, of those premises (naming them) without further name or description, and shall be deemed to be duly served—

(a)if the document so addressed is sent or delivered in accordance with paragraph (d) of the foregoing subsection; or

(b)if the document so addressed, or a copy thereof so addressed, is delivered to some person on the premises or, where there is no person on the premises to whom it can be delivered, is affixed to some conspicuous part of the premises.

(3)Where a document to which this section applies is served on a partnership in accordance with this section, the document shall be deemed to be served on each partner.

(4)For the purpose of enabling any document to be served on the owner of any premises, the local authority may by notice in writing require the occupier of the premises to state the name and address of the owner thereof, and if the occupier refuses or wilfully neglects to do so, or wilfully misstates the name and address of the owner, he shall, unless in the case of a refusal he shows cause to the satisfaction of the court for his refusal, be liable on summary conviction in respect of each offence to a fine not exceeding five pounds.

(5)This section applies to any notice, order or other document which is required or authorised by any enactment or any instrument made under an enactment to be served by or on behalf of a local authority, or by an officer of a local authority, not being a document to the service of which the provisions of some enactment other than this section or some instrument made under an enactment are applicable.

(6)For the purposes of this section, a notice, order or other document shall be deemed to be a notice, order or other document which is required or authorised to be served on a person if it is required or authorised to be notified, given or transmitted, or (in the case of a demand) if it is required or authorised to be made, to that person, and in this section the expressions ' served ' and ' service ' shall be construed accordingly.

287BAuthentication of documents.

(1)Any notice, order or other document which a local authority are authorised or required by or under any enactment (including any enactment in this Act) to give, make or issue may be signed on behalf of the authority by the clerk of the authority or by any other officer of the authority authorised by the authority in writing to sign documents of the particular kind or the particular document, as the case may be.

(2)Any document purporting to bear the signature of the clerk of the authority or of any officer stated therein to be duly authorised by the authority to sign such a document or the particular document, as the case may be, shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the local authority. In this subsection the word ' signature' includes a facsimile of a signature by whatever process reproduced.

(3)Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.”

40In section 289, after the word " shall" there shall be inserted the words " in respect of each offence ",

41In section 290(3), after the word " shall" there shall be inserted the words " in respect of each offence ",

42In section 295, references to the Local Government Act 1933 shall be construed as including references to sections 1(7) and 2(4) of, and Schedules 2 and 3 to, this Act.

43In section 305, at the end of the definition of " local authority " there shall be added the words " the council of a London borough or the Greater London Council ",

44In paragraph 3(1) of Part V of Schedule 3, for the words " committee, as the case may be " there shall be substituted the words " as the case may be, at the same or any subsequent meeting of the committee ",

45In paragraph 18 of Schedule 9, after the word "shall" there shall be inserted the words " in respect of each offence ",

Section 15.

SCHEDULE 5Modifications as from 1st April 1965 of Enactments Relating to Road Traffic

PART IThe Road Traffic Act 1960

1In section 17 (5), at the end there shall be added the words " and in this subsection the expression ' county borough ' includes a London borough ",

2(1)In section 21(1)—

(a)for the words "the London Traffic Area " in both places where they occur there shall be substituted the words " Greater London ";

(b)in paragraph (b), for the word " Minister " there shall be substituted the words " Greater London Council ",

(2)In section 21(2), after the words " paragraph (a)" there shall be inserted the words " or (b) " and after the word " authority " there shall be inserted the words " or the Greater London Council, as the case may be ",

(3)In section 21(5), as substituted by section 12 (2) of the Road Traffic Act 1962, after the words " paragraph (a) " there shall be inserted the words " or to the Greater London Council as respects any road falling within paragraph (b) ",

3In section 22(5)—

(a)in paragraph (a), for the words " the London Traffic Area " there shall be substituted the words " Greater London ";

(b)for paragraph (b) there shall be substituted—

“(b)as respects a road in Greater London, not being a trunk road, the Greater London Council”.

4In section 26(1), for the words " the London Traffic Area " there shall be substituted the words " Greater London ",

5(1)In section 34(1)—

(a)for the words " The Minister may make regulations " there shall be substituted the words " Subject to section 10(2) of the London Government Act 1963, the Minister may by order made by statutory instrument, which may be varied or revoked by a subsequent order so made, make provision ";

(b)for the words " the London Traffic Area " there shall be substituted the words " Greater London ",

(2)In section 34(2)—

(a)for the word " regulations " there shall be substituted the word " order ";

(b)for the words " the London Traffic Area " there shall be substituted the words " Greater London ",

(3)In section 34(3)—

(a)for the word " regulations " in the first place where it occurs there shall be substituted the word " order ";

(b)for the words "regulations remain" there shall be substituted the words " order remains ";

(c)for the words " regulations made by the Minister " in the first place where they occur there shall be substituted the word " order ";

(d)for the words " regulations made by the Minister apply " there shall be substituted the words " order applies ",

(4)In section 34(4) as substituted by Schedule 1 to the Road Traffic Act 1962 and in section 34(6) and (7), for the word " regulations " wherever it occurs there shall be substituted the word " order ",

6(1)In section 35 (1), for the words " the Minister" there shall be substituted—

(a)in the first place where they occur, the words " the Greater London Council" ;

(b)in the second place where they occur, the words " that Council".

(2)After section 35 (1) there shall be inserted—

“(1A)The said Council shall not give their consent to any such scheme as aforesaid affecting a trunk road except with the agreement of the Minister; and in the case of any particular scheme the Minister may after consultation with that Council direct the Council to consent thereto within a specified period or to withhold their consent therefrom.”

(3)In section 35(4), for the words from "regulations made" onwards there shall be substituted the words " any order for the time being in force under section 34 of this Act or section 10(1) of the London Government Act 1963 ",

(4)In section 35(5)—

(a)for the word " Minister " in the first place where it occurs there shall be substituted the words " said Council ";

(b)for the words from " regulations of " onwards there shall be substituted the words " an order under the said section 34 or 10(1) ",

(5)In section 35 (7), for the words " the metropolitan police district and the City of London" there shall be substituted the words " Greater London ",

7In section 39(2) for the words "the London Traffic Area" there shall be substituted the words " Greater London ",

8(1)In section 44(6)(a) after the word " Wales " there shall be inserted the words " other than Greater London ",

(2)After section 44 (7) there shall be inserted—

“(7A)In the application of this section to Greater London, ' local authority ' means—

(a)as respects a road for the time being designated by or under section 17 of the London Government Act 1963 as a metropolitan road, the Greater London Council;

(b)as respects any other road in a London borough, the council of the borough ;

(c)as respects any other road in the City of London, the Common Council;

but before the Greater London Council submit any scheme under this section with respect to a road for the time being designated as aforesaid they shall consult with any other of the councils aforesaid within whose area that road is situated.”

(3)In section 44(8) for the words " the London Traffic Area " there shall be substituted the words " Greater London ",

9(1)In section 49(1) the words from " other than " to " county borough " shall be omitted.

(2)At the end of section 49 there shall be added—

“(9)In its application to Greater London, this section shall have effect as if—

(a)the City of London were a borough and the Common Council the council of that borough ;

(b)for any reference to the appropriate Minister there were substituted a reference to the Greater London Council; and

(c)the words ' by statutory instrument' in subsection (5) were omitted.”

10In section 50, after the word " confirmation " there shall be inserted the words " in the case of byelaws of a local authority in Greater London by the Greater London Council or in any other case ",

11In section 60(2) for the words "metropolitan borough" there shall be substituted the words " London borough ",

12In section 63(1), after the word " Act" there shall be inserted the words " or sections 10 to 12 of the London Government Act 1963 ",

13In section 65(3), at the end there shall be added the words " the Greater London Council or the Common Council of the City of London ",

14In section 75(3), for the words from " not being" to " borough " there shall be substituted the words " being the council of a non-county borough or urban district ",

15In section 79(1), for the words " the London Traffic Area " there shall be substituted the words " Greater London ",

16In section 80(1), for the words " the London Traffic Area " there shall be substituted the words " Greater London ",

17(1)In section 81(1), for the words "the London Traffic Area " there shall be substituted the words " Greater London ",

(2)In section 81(16)(a), for the words " or county district" there shall be substituted the words " London borough or county district, the Common Council of the City of London or, subject to subsection (16A) of this section, the Greater London Council ",

(3)After section 81(16) there shall be inserted—

“(16A)The Greater London Council shall not exercise their powers under this section—

(a)as respects any London borough, without the consent of the council of that borough, or

(b)as respects the City, without the consent of the Common Council,

except with the consent of the Minister of Transport.”

18(1)In section 85(1), at the beginning there shall be inserted the words " Subject to section 13 (2) of the London Government Act 1963 ",

(2)In section 85(4), for the words "metropolitan borough" there shall be substituted the words " London borough ",

(3)In section 85(5)—

(a)at the beginning there shall be inserted the words " Subject to section 13(2) of the London Government Act 1963 ";

(b)for the words " the metropolitan police district or the City of London " there shall be substituted the words " Greater London ";

(c)in paragraph (b), for the words " London County" there shall be substituted the words " Greater London " :

(d)at the end of paragraph (c) there shall be added the words " and, where the transfer is made to the Greater London Council, as if that Council were a local authority within the meaning of this section ",

(4)In section 85(10), at the end there shall be added the words " or section 10(1) of the London Government Act 1963 ",

19In section 86, as substituted by section 29(1) of the Road Traffic Act 1962, at the beginning of subsection (1) and at the beginning of subsection (2) there shall be inserted the words " Subject to section 13(2) of the London Government Act 1963 ",

20In section 87, as substituted by the said section 29 (1)—

(a)in subsection (2) for the words from " and such " to " such a designation " there shall be substituted the words " or section 10(1) of the London Government Act 1963, and such an order, or an order under any of those sections containing a designation of a place as a parking place " :

(b)at the beginning of subsection (3) there shall be inserted the words " Subject to section 13(2) of the London Government Act 1963. "

21In section 88 (1)(b), after the word "Minister" there shall be inserted the words " or the Greater London Council. "

22In section 89(3)(c), after the word " council" there shall be inserted the words " to the Greater London Council ",

23(1)In section 90(3) after the word " conferred " there shall be inserted the words " on the Minister ",

(2)After section 90(7) there shall be added—

“(8)In relation to any functions exercised by the Greater London Council, any reference in subsection (1) or (2) of this section to the Minister shall be construed as a reference to that Council.”

24In section 101(1), after the word " resides" where first occurring there shall be inserted the words " or, if he resides in Greater London, the Greater London Council ",

25After section 135(8) there shall be added—

“(9)In relation to any route, stopping place or terminal point within Greater London, any reference in subsection (8) of this section to the commissioner of police of the metropolis or the commissioner of police for the City of London shall be construed as including a reference to the Greater London Council.”

26After section 141(8) there shall be added—

“(9)In relation to any route or part of a route which lies within Greater London, any reference in subsections (2) to (6) of this section to the commissioner of police shall be construed as including a reference to the Greater London Council.”

27In section 202(2)(a), for the words " metropolitan borough " there shall be substituted the words " London borough, the Greater London Council ",

28In section 220(6), for the words " metropolitan borough " there shall be substituted the words " London borough ",

29In section 221(3), after the word " district" there shall be inserted the words " the Greater London Council ",

30In section 248, after the words " purposes of this Act" there shall be inserted the words " or sections 9 to 15 and 20(2) of the London Government Act 1963 ",

31In section 249(1), after the word "Act" there shall be inserted the words " or section 10 of the London Government Act 1963 ",

32In section 257(1), in the definition of " highway authority " for the words " or the council of a metropolitan borough " there shall be substituted the words " the council of a London borough or the Greater London Council ",

33In Schedule 4, in paragraph 11, for the words "the metropolitan police district and the City of London ", there shall be substituted the words " Greater London ",

34In Schedule 8, in paragraph 1, for the words " the administrative county of London " there shall be substituted the words " Greater London ",

35In Schedule 10—

(a)for paragraph 3 there shall be substituted—

“3The Minister shall take into consideration any objections duly made to the making of the order”;

(b)in paragraph 5 (1), for the words " the London Traffic Area" there shah be substituted the words " Greater London ";

(c)for paragraph 7 there shall be substituted—

“7After advertising in pursuance of the last foregoing paragraph any proposal to make an order, the Minister shall take into consideration any objections duly made to the proposal.”

PART IIThe Road Traffic and Roads Improvement Act 1960

1In section 3, at the end there shall be added—

“(5)In its application to Greater London, this section shall have effect subject to the provisions of section 13(2) to (7) of the London Government Act 1963.”

2(1)In section 4(1), for the words " the London area " there shall be substituted the words " Greater London ",

(2)In section 4 (2)—

(a)for the words " the London area " there shall be substituted the words " Greater London ";

(b)after the words " received by him " there shall be inserted the words " by way of charges made by him for vehicles left in parking places designated under the said subsection (5) ",

(3)In section 4(3) for the words from " any local" to " area " there shall be substituted the words " the Greater London Council, the council of any London borough or the Common Council of the City of London ",

3(1)In section 5(1)—

(a)the words " subsection (8) or (9) of " shall be omitted;

(b)for the words " the London Traffic Area " and " that area " there shall be substituted the words " Greater London ",

(2)In section 5(7)—

(a)for the words " the London Traffic Area " in both places where those words occur there shall be substituted the words " Greater London ";

(b)the words "by virtue of subsection (8) or (9) of that section " and " so " shall be omitted.

4(1)In section 8(3), for the words " regulations under the said section 34 " there shall be substituted the words " an order under the said section 34 or under section 10(1) of the London Government Act 1963 ",

(2)In section 8 (4),—

(a)for the words from the beginning to " impose " there shall be substituted the words " Any such order which imposes ";

(b)for the words " the London Traffic Area " there shall be substituted the words " Greater London ",

(3)In section 8(5), for the words " Regulations under the said section 34 " there shah be substituted the words " Any such order " and for the word " regulations " wherever else it occurs there shall be substituted the word " order ",

(4)In section 8(6), for the words from " traffic regulations " to " being regulations" there shall be substituted the words " any order in force under the said section 34 or 10 (1), being an order ",

5(1)In section 15(4)(d)—

(a)for the words " the London Traffic Area" there shall be substituted the words " Greater London ";

(b)after the figures " 1960 " there shall be inserted the words " or section 10(1) of the London Government Act 1963 ",

(2)In section 15(4)(d) and (e), for the words " metropolitan borough " there shall be substituted the words " London borough ",

6(1)In section 18(1), for the words " the London area " there shall be substituted the words " Greater London ",

(2)In section 18(1), for the words from "Minister" to " authority " there shall be substituted the words " Greater London Council—

(a)in the case of any highway for which they are the highway authority, or

(b)on the application of the council of a London borough or the Common Council of the City of London, in the case of any highway for which the borough council or Common Council, as the case may be, are the highway authority,

may, if on grounds of urgency they consider it expedient".

(3)In section 18 (2), for the words from the beginning to " road improvement" there shall be substituted the words " Where the Greater London Council give authority under the foregoing subsection for the execution of any works of road improvement, or receive notice from the Minister that such works of road improvement as are mentioned in the foregoing subsection are to be executed in the case of a highway for which he is the highway authority ",

(4)In section 18 (2) (a), for the words "he" and "him" there shall be substituted respectively the words " they " and " them ".

7In section 19 (1)—

(a)at the beginning there shall be inserted the words " Subject to section 14 (2) of the London Government Act 1963 ";

(b)for the words " the London area " there shall be substituted the words " Greater London. "

8After section 19 there shall be inserted the following section—

“19APower of Greater London Council to execute road improvements not involving widening.

(1)Where the Greater London Council, after consultation with the council of a London borough or the Common Council of the City of London, are of the opinion that, with a view to facilitating the movement of traffic, it is expedient for works to be executed for the improvement of a highway in Greater London for which the borough council or the Common Council are the highway authority, then—

(a)the highway authority shall, within three months of being notified of that fact, inform the Greater London Council whether they are prepared to undertake those works and, if so, within what time; and

(b)if the Greater London Council at the expiration of the said three months are not satisfied that the highway authority will with reasonable despatch undertake those works (or within the said three months are satisfied that they will not), the Greater London Council may execute those works or other works appearing to them to secure the same or an equivalent improvement of the highway;

and for the purposes of this subsection it shall not be treated as widening a highway to take into the highway land not forming part of it but situated within its outer limits.

(2)Subsections (2) to (6) of section 19 of this Act shall have effect for the purposes of this section as if in those subsections—

(a)for any reference to the Minister there were substituted a reference to the Greater London Council; and

(b)for any reference to the execution of works under that section there were substituted a reference to the execution of works under this section,

and as if in subsection (3) of that section the words from " except" to " by the Minister " were omitted.”

9In section 22(1)(a), for the words " the London area " there shall be substituted the words " Greater London ",

PART IIIThe Road Traffic Act 1962

1(1)In section 11 (2) (a), the words "or any road in the London Traffic Area " shall be omitted.

(2)After section 11 (2) (a), there shall be inserted—

“(aa)as respects any road in Greater London other than a trunk road, shall be either the appropriate Minister or the Greater London Council; and”.

(3)In section 11 (3)—

(a)after the word " authority" where first occurring there shall be inserted the words " or by the Greater London Council ";

(b)after the word " authority" in the second place where it occurs there shall be inserted the words " or that Council ",

(4)In section 11 (4) (a), after the word " authority " where first occurring there shall be inserted the words " or the Greater London Council ",

(5)For section 11 (4) (b) there shall be substituted—

“(b)unless the road is a trunk road, the appropriate Minister shall give notice of his intention to make the order, in the case of a road in Greater London, to the Greater London Council or, in any other case, to the local authority.”

2In section 26—

(a)for the words from the beginning to " Committee)" there shall be substituted the words " An order under section 34 of the principal Act or section .10 (1) of the London Government Act 1963 ";

(b)for the word "regulations" in the last two places where that word occurs there shall be substituted the word " order ";

(c)for the words from " in accordance " to " Act " where next occurring there shall be substituted the words " the Greater London Council ".

3(1)In section 28 (1)—

(a)in paragraph (a), for the words " the London Traffic Area " there shall be substituted the words " Greater London ";

(b)for paragraph (b) there shall be substituted—

“(b)as respects traffic on roads in Greater London, as may be made by an order under section 34 of that Act or section 10 (1) of the London Government Act 1963”.

(2)For section 28 (2) there shall be substituted—

“(2)The authority having power to make an experimental traffic order—

(a)as respects roads outside Greater London, other than trunk roads, shall be the local authority ;

(b)as respects roads in Greater London, other than trunk roads, shall be the Greater London Council or, subject to section 11 (2) of the London Government Act 1963, the appropriate Minister ;

(c)as respects any trunk road in Greater London, shall be the appropriate Minister or, with the consent of that Minister, the Greater London Council;

(d)as respects trunk roads outside Greater London, shall be the appropriate Minister ;

and the appropriate Minister may, after giving the local authority or the Greater London Council notice of his intention to do so, by order vary or revoke any experimental traffic order made by the local authority or that Council.”

(3)In section 28 (3) (b), after the word " Minister " there shall be inserted the words " or by the Greater London Council ",

(4)In section 28 (9), for the words from " by " onwards there shall be substituted the words " as respects a road in Greater London as it applies in relation to an order under section 34 of the principal Act or section 10 (1) of the London Government Act 1963 ",

(5)In section 28 (11) (b), for the words "the London Traffic Area " there shall be substituted the words " Greater London ",

4(1)For section 34 (1), there shall be substituted—

“(1)For the purposes of the following provisions, that is to say—

(a)sections 20 (3) and 34 (1) of the principal Act;

(b)sections 11 (1) and 28 of this Act; and

(c)section 10 (1) of the London Government Act 1963,

where any part of the width of a road is in Greater London, the whole width thereof shall be deemed to be in Greater London.”

(2)In section 34 (5), for the words " metropolitan borough " there shall be substituted the words " London borough ",

5In section 35, for the words " other than section 34 " there shall be substituted the words " otherwise than by virtue of section 34 of this Act ",

Section 16.

SCHEDULE 6Amendments as from 1st April 1965 in Highways Act 1959

1In section 1 (2), for the word " borough " where first occurring there shall be substituted the words " county borough, non-county borough ",

2After section 2 (b) there shall be inserted—

“(c)where the road is situated in a London borough, the Greater London Council or the council of the borough, according as the road is or is not designated by the order as a metropolitan road”.

3In section 3 (1) for the words "The council of a county, borough or urban district" there shall be substituted the words " Any council other than the council of a rural district. "

4In section 8 (2)—

(a)in paragraph (b), after the words " that council" there shall be inserted the words " (and, if the road is situated in Greater London, also by the Greater London Council) ";

(b)in paragraph (c) after the words " of the Minister " there shall be inserted the words " (and, if the road is situated in Greater London, also by the Greater London Council with such consent) ",

5(1)In section 10 (1). for the words " (including the county of London)" there shall be substituted the words " with the Greater London Council ",

and for the words " or county borough " there shall be substituted the words " county borough or London borough ",

(2)In section 10 (4) after the word "county" there shall be inserted the words " with the Greater London Council or with the council of a ",

6In section 13 (6), for the words "(including the county of London) " there shall be substituted the words " the Greater London Council " and for the words " metropolitan borough " there shall be substituted the words " London borough ",

7In section 21 (1), after the word "highways" there shall be inserted the words " outside Greater London ",

8In section 26 (1) for the words " the council of every county, borough and urban district through which " there shall be substituted the words " every council (other than the council of a rural district) through whose area ",

9In section 29, at the end there shall be added—

“(5)This section shall apply to Greater London as if Greater London were a county, the Greater London Council were the council of that county and the London boroughs and the City of London were county districts in that county.”

10In section 30 (6), for the words from " the council" where first occurring onwards there shall be substituted the words " or any council ",

11In section 34, at the end there shall be added—

“(12)This section shall apply to a London borough or the City of London as if it were a county borough and, in the case of the City of London, as if the Common Council were the council of that county borough.”

12In section 37, after the word " district" there shall be inserted the words " or the Common Council ",

13(1)In section 38 (2) (c)—

(a)after the words " urban district" there shall be inserted the words " the Greater London Council or the Common Council ";

(b)after the word " authority" there shall be inserted the words " or the Greater London Council ",

(2)At the end of section 38 there shall be added—

“(7)In the application of this section to any highway situated in an area which immediately before 1st April 1965 formed part of the administrative county of London—

(a)any reference therein to the commencement of this Act shall be construed as a reference to the said 1st April;

(b)the reference in subsection (3) to the council of a borough shall be construed as including a reference to the council of a metropolitan borough and the Common Council”.

14In section 39 (1), the words " of the county, borough or urban district" shall be omitted.

15In section 40 (4)—

(a)in paragraph (a), after the word " section " there shall be inserted the words " is intended to become a metropolitan road or ";

(b)in paragraph (b), after the word " section " there shall be inserted the words " crosses or will cross a metropolitan road or, as the case may be ";

(c)after the word " exercisable " there shall be inserted the words " by the Greater London Council and not by any other local highway authority or ",

16Section 42 shall cease to have effect.

17In section 43, after the word " district" there shall be inserted the words " or the Common Council ",

18(1)In section 48 (5), at the end there shall be added the words " or, if the materials are to be used in Greater London, from any quarry in Greater London ",

(2)In section 48 (6), after the words "in which the bridge is" there shall be inserted the words " or, if the bridge is in Greater London, from any quarry in Greater London ",

(3)In section 48 (9) at the end there shall be added—

• “' borough ' includes the City of London ;

• ' trunk road ' includes a metropolitan road, and ' trunk road bridge' shall be construed accordingly.”

19In section 50 (2), after the words " special road " there shall be inserted the words " metropolitan road ",

20In section 60, at the end there shall be added—

“(5)In this section the expression ' borough' includes the City of London.”

21In section 65, at the end there shall be added—

“(6)This section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough.”

22In section 67, at the end there shall be added—

“(7)This section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough.”

23In section 69, at the end there shall be added—

“(4)This section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough.”

24In section 75, at the end there shall be added—

“(5)In this section, the expression ' borough' includes the City of London.”

25In section 76 (4) for the words from " and " to " may be " there shall be substituted the words " in relation to a metropolitan road, the Greater London Council, and in any other case the local authority for the area in which the highway is situated ",

26(1)After section 85 (4) (d) there shall be inserted—

“(aa)as respects a highway being a trunk road situated in a London borough, both by the council of the borough and by the Greater London Council as well as by the Minister, and”.

(2)In section 85 (5), after the words " land is " there shall be inserted the words " (or, if that land is in a London borough, both by the council of the borough and by the Greater London Council) ",

27After section 101 (2) (c) there shall be inserted—

“(d)in the case of a bridge the highway over which is a metropolitan road or partly a metropolitan road, by the Greater London Council;

(e)in the case of any other bridge in a London borough or the City of London, by the council of the borough or, as the case may be, the Common Council.”

28After section 108(10)(a) there shall be inserted—

“(aa)in relation to a metropolitan road, the local authority for the area in which the road is situated acting with the consent of the Greater London Council; and”.

29In section 112(2), at the end there shall be added—

“(d)as respects any part thereof in a London borough or in the City of London, except with the consent of the council of that borough or, as the case may be, of the Common Council.”

30For section 116(2) there shall be substituted—

“(2)The council of a county as respects any county road in the county, or the Greater London Council, the council of a county borough or London borough or the Common Council as respects any highway in their area, may assert and protect the rights of the public to the use and enjoyment of any such road or highway, including any roadside waste which forms part thereof.”

31In section 118(2), for the words "borough or of an" there shall be substituted the words " county borough, non-county borough or ",

32In section 130(4), at the end there shall be added the words " and this section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough. "

33In section 132, at the end there shall be added—

“(9)This section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough.”

34In section 133, at the end there shall be added—

“(5)This section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough.”

35In section 137—

(a)for the words " the London Traffic Area " in subsections (1), (5) and (6) and for the words " that area " in subsection (1) there shall be substituted the words " Greater London ";

(b)for the word " Minister " there shall be substituted—

(i)in the first place where it occurs in subsection (1), the words " Greater London Council (hereafter in this and the next following section referred to as 'the Council')" ; and

(ii)subject to sub-paragraphs (d) and (e) of this paragraph, in every other place where it occurs, the word " Council";

(c)subject to the next following sub-paragraph, for the word " him " wherever it occurs there shall be substituted the word " them ";

(d)in subsection (3), for the words from the beginning to " report" where last occurring there shall be substituted the words " The Council shall consider in relation to one another the proposals contained in the statements submitted to, or prepared by, them under this section and, after consultation with the appropriate commissioner of police and the London Transport Board ";

(e)in subsection (3), after the words " authorities affected " there shall be inserted the words " other than the Minister ";

(f)in the proviso to subsection (3), for the word " he " there shall be substituted the word " they ",

36In section 138—

(a)for the word " Minister" wherever it occurs there shall be substituted the word " Council ";

(b)for the words " him ", " his ", or " he thinks ", wherever any of those words occur, there shall be substituted respectively the words " them " , " their ", or " they think " ;

(c)after subsection (3) there shall be inserted—

“(3A)The consent of the Council for the purposes of subsection (2) of this section shall not be unreasonably withheld, and any question arising under this subsection whether the withholding of consent is unreasonable shall be determined in like manner as any similar question arising under subsection (4) of section 136 of this Act; and subsections (6) and (7) of that section shall have effect as if the references therein to subsection (1) of that section included references to the said subsection (2)”.

37In section 139(1), for cue words " the London Traffic Area " there shall be substituted the words " Greater London ",

38In section 142(5), at the end there shall be added the words " and this section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough ",

39In section 143(5), at the end there shall be added the words " and this section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough ",

40In section 146(1), for the word " borough " in the first place where it occurs there shall be substituted the words " county borough, non-county borough ",

41In section 148(1), after the word " Act" there shall be inserted the words " or in any area in Greater London ",

42In section 149(1), after the words " urban district" there shall be inserted the words " the Greater London Council or the Common Council ",

43In section 154(1), after the words " urban district" there shall be inserted the words " or in the City of London ",

44In section 155(11), for the words from "a highway in a borough" to "case may be" there shall be substituted the words " any other highway, the local authority for the area in which it is situated ",

45In section 157, at the end there shall be added—

“(9)This section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough”.

46For section 159(8)(b) there shall be substituted—

“(b)in relation to any other highway, the local authority for the area in which the highway is situated”.

47In section 163, at the end there shall be added—

“(7)This section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough”.

48In section 164(1), after the word "Act" there shall be inserted the words " and any local authority in Greater London ",

49In section 165, at the end there shall be added—

“(4)This section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough”.

50For section 166(6)(b) there shall be substituted—

“(b)in relation to any other highway, the local authority for the area in which the highway is situated.”

51In section 167, at the end there shall be added—

“(8)This section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough.”

52In section 170(3), after the word "Act" where first occurring there shall be inserted the words " and the local authority for any area in Greater London ",

53(1)In section 173(1), after the word " apply " there shall be inserted the words " in all London boroughs, in the City of London ",

and for the words " any borough " there shall be substituted the words " any county borough, non-county borough ",

(2)In section 173(2), for the word " boroughs " there shall be substituted the words " county boroughs, non-county boroughs ",

(3)In section 173(3), for the words " boroughs and" there shall be substituted the words " boroughs other than the inner London boroughs and in all ",

54In section 192(3)(i), for the words " (including the county of London)" there shall be substituted the words " the Greater London Council, the council of a " and for the words " metropolitan borough" there shall be substituted the words " London borough ",

55In section 204(1), after the words " situated in " there shall be inserted the words " a London borough, the City of London or ",

56In section 206(9), at the end there shall be added the words " and this section shall apply to a London borough or the City of London as if it were a county borough and, in the case of the City of London, as if the Common Council were the council of that county borough. "

57(1)In section 213(2), in the definition of " street works authority ", after paragraph (a) there shall be inserted—

“(aa)as respects a street in the City of London, the Common Council; and”.

(2)In section 213 (3) (a), after the word " force" there shall be inserted the words " and in a London borough and the City of London ",

(3)In section 213 (4), at the end there shall be added the words " and in this subsection the expression ' county borough' includes a London borough and the City of London ",

58After section 214(7)(a) there shall be inserted—

“(aa)in the case of a trunk road in a London borough, both by the council of that borough and by the Greater London Council as well as by the Minister, and”.

59After section 223(2)(a) there shall be inserted—

“(aa)if the acquisition is for a purpose so specified in connection with a trunk road in a London borough, both by the council of that borough and by the Greater London Council as well as by the Minister, and”.

60In section 233(1), after the word " Minister" where first occurring there shall be inserted the words " or, in the case of any other highway, being a highway situated in a London borough or in the City of London, either the council of the borough or the Common Council, as the case may be, or the Greater London Council ",

61(1)In section 238(1), for the words "or county borough" there shall be substituted the words " the Greater London Council and the council of a county borough or London borough ",

(2)In section 238 (3), at the end there shall be added the words " and this subsection shall have effect as if Greater London were a county, the Greater London Council were the council of that county and a London borough were a non-county borough in that county ",

62In section 239(2), for the words from " the council" where first occurring onwards there shall be substituted the words " or any council ",

63(1)In section 252(1), after the words " the authority " there shall be inserted the words " or, in the case of any area in Greater London, either the local authority or the highway authority for either of the streets in question (not being the Minister) ",

(2)In section 252 (2) after the word " authority " there shall be inserted the words " or highway authority ",

64In section 257(1), after the word " Act" there shall be inserted the words " and any local authority in Greater London ",

65In section 276, at the end there shall be added—

“(10)In this section, the expression ' borough' includes the City of London.”

66In section 286(2), after the word " Government" there shall be inserted the words " or made by the Greater London Council ",

67Section 291, except subsection (3) thereof, shall cease to have effect.

68In section 295(1)—

(a)after the paragraph beginning "code of 1875" there shall be inserted—

• “' Common Council ' means the Common Council of the City of London”;

(b)in the definition of " council", after the words " county council" there shall be inserted the words " the Greater London Council ";

(c)in the definition of " local authority ", for the words " or county district" there shall be substituted the words " London borough or county district or the Common Council ";

(d)after the paragraph beginning " maintenance " there shall be inserted—

• “' metropolitan road ' means a road for the time being designated by or under section 17 of the London Government Act 1963 as a metropolitan road ;”

69In section 297, after the words " or county borough " there shall be inserted the words " or relating to the functions of the Greater London Council as respects metropolitan roads or of the council of a London borough as respects any other highway ",

70Section 312(3) shall cease to have effect and the repeal effected by section 312 (2) shall extend to the whole of Greater London.

71In section 312(5), for the words from " in force " onwards there shall be substituted the words " in force in any part of Greater London on 31st March 1965 shall cease to have effect on 1st April 1965 ",

72In Schedule 1, in paragraph 3, in the Table—

(a)in head (i), for the words " The council of every county and county borough in which " there shall be substituted the words " Every council (other than the council of a county district) in whose area ";

(b)in head (iii), for the words " The council of every county, county borough and county district in which" there shall be substituted the words " Every council in whose area ",

73In Schedule 1, in paragraph 8(a), for the words " the council of every county, county borough and county district in which " there shall be substituted the words " every council in whose area. "

74In Schedule 7, in paragraph 1(3)(b)(i)—

(a)for me words " the council of every county, county borough, county district and " there shall be substituted the words " every council, the council of every ";

(b)for the words " county, borough, district or parish which " there shall be substituted the words " council or parish whose area ",

75In Schedule 7, in paragraph 3(3)(a), for the words " the council of a county, county borough or county district", there shall be substituted the words " any council ",

76In Schedule 9, in paragraph 1, after the words " county council" there shall be inserted the words " or the Greater London Council ",

77In Schedule 19, in column 2, in the entries relating to sections 118, 146 (1) and 204, for the word "Borough" there shall be substituted the words " County borough, non-county borough ",

78Without prejudice to the power to make an order for corresponding purposes under section 84 of this Act, Schedule 24 shall not apply to Greater London other than the outer London boroughs.

Section 17.

SCHEDULE 7Metropolitan Roads

PART I

PART II

Section 21.

SCHEDULE 8Modifications as from 1st April 1965 of enactments relating to housing

PART IThe Housing Act 1957

1In section 1 (1), for the words "administrative county" there shall be substituted the word " City ",

2In section 6 (1)—

(a)in paragraph (c), after the words " fifty-seven " there shall be inserted the words " and before 1st April 1965 ";

(b)at the end there shall be added—

“(d)to a contract made on or after 1st April 1965 for letting for human habitation a house at a rent not exceeding—

(i)in the case of a house situated outside Greater London or in an outer London borough, fifty-two pounds;

(ii)in the case of a house situated in any other part of Greater London, eighty pounds.”

3In section 93 (3)—

(a)for the words "London County Council and of a metropolitan " there shall be substituted the words " Greater London Council and of a London ";

(b)for the words " the administrative county of London" there shall be substituted the words " Greater London ",

4For section 131 (2) there shall be substituted—

“(2)In the application of this section to the Common Council of the City of London, for the reference to the Public Health Act 1936 there shall be substituted a reference to the City of London (Sewers) Acts 1848 to 1897.”

5In the proviso to section 145(1)—

(a)for the words " the administrative county of London " there shall be substituted the words " Greater London other than the outer London boroughs ";

(b)for the words " the county " there shall be substituted the words " that area "; and

(c)for the words " London County Council" there shall be substituted the words " Greater London Council ",

6In section 145(3)—

(a)for the words " the administrative county of London " there shall be substituted the words " Greater London other than the outer London boroughs ";

(b)for the words " London County Council" there shall be substituted the words " Greater London Council "; and

(c)for the words " metropolitan borough " there shall be substituted the words " London borough ",

7In section 146, for the words " within the administrative county of London, the London County Council" there shall be substituted the words " in Greater London other than the outer London boroughs, the Greater London Council ",

8In section 147 (5), for the words " the administrative county of London " there shall be substituted the words " Greater London other than the outer London boroughs ",

9In section 148, at the end there shall be added—

“(4)In this section, the expression " borough" does not include an inner London borough.”

10In section 166 (2), for the words " London County Council" in both places where those words occur there shall be substituted the words " Greater London Council ",

11In section 189 (2), at the end there shall be added the words " and the Greater London Council ",

12In Schedule 9, in paragraph 1, for the words " administrative county " and for the word " county " in the second place where it occurs there shall be substituted the word " City ",

13In Schedule 9, in paragraph 11 (c)—

(a)the words from " as respects England" to " London" where first occurring and the words from " as respects the City " to " metropolitan borough " shall be omitted ;

(b)at the end there shall be added the words " and, where any such house is situated in the City of London, the Common Council ",

PART II

Other enactments

14The Small Dwellings Acquisition Act 1899 shall apply—

(a)in relation to a London borough as if a London borough were a county borough ;

(b)in relation to the City as if the City were a county borough and the Common Council were the council of that county borough;

(c)in relation to the Greater London Council, as if Greater London were a county and the Greater London Council were the council of that county.

15In the Housing (Financial Provisions) Act 1958—

(a)in section 9 (4), as substituted by section 16 of the House Purchase and Housing Act 1959, for the words " metropolitan boroughs " there shah be substituted the words " London boroughs, the Greater London Council ";

(b)in Schedule 3, in paragraph 2 (1), for the words from " other than the" to " borough council" there shall be substituted the words " (including any such loss borne by the Greater London Council) ",

16In the House Purchase and Housing Act 1959—

(a)in section 2 (2) (a), the reference to the metropolitan police district shall not include the London borough numbered 15 in Part I of Schedule 1 to this Act;

(b)in section 13 (4), for the words "metropolitan boroughs" there shall be substituted the words " London boroughs, the Greater London Council ",

17(1)In the application to the Greater London Council or a London borough council of section 4 of, and Schedule 1 to, the Housing Act 1961—

(a)in relation to a dwelling completed in the financial year 1965-66—

(i)that year shall be the relevant financial year ; and

(ii)Part I of that Schedule shall have effect as if the words " preceding that" wherever those words occur in paragraph 1 or 2 thereof were omitted ;

(b)the financial year 1965-66 shall be the earliest financial year which may be determined by the Minister under paragraph 5(2) of that Schedule ;

(c)where the financial year 1965-66 is the relevant financial year, the references in paragraph 6 (1) (a) and (b) of that Schedule to houses within the local authority's Housing Revenue Account for the last year preceding the relevant financial year or, as the case may be, for the relevant financial year shall be construed as references to houses within the local authority's Housing Revenue Account on 1st April 1965 or, as the case may be, on 31st March 1966.

(2)In the said Schedule—

(a)in paragraph 1(2)—

(i)for the words " London County Council " there shall be substituted the words " Greater London Council ";

(ii)for the words " metropolitan boroughs and the City of London" there shall be substituted the words " rating areas in Greater London ";

(b)in paragraph 1(5), at the end there shall be added the words " and except that it includes any rate in the nature of a general rate levied in the Inner Temple or the Middle Temple ",

Section 35.

SCHEDULE 9Modification and Re-enactment as from 1st April 1965 of Enactments Relating to Sewerage and Drainage

PART IGeneral Modifications of Sewerage Provisions of Public Health Acts

1Subject to the provisions of this Schedule, the Greater London Council as well as the council of a London borough or county district shall be a local authority for the purposes of the enactments mentioned in section 37 (1) of this Act and accordingly shall be a sewerage authority within the definition of that term in section 90 of the Public Health Act 1936, and any reference in those enactments to the district of a local authority shall, in relation to the Greater London Council, be construed as a reference to the sewerage area of the Greater London Council.

2Subject as aforesaid, any such enactment conferring on a local authority any function with respect to the provision, construction or acquisition of, or other dealing with, a sewer or sewage disposal works or any function in connection with drainage shall—

(a)so far as the enactment relates to a main sewer or sewage disposal works primarily serving the sewerage area of the Greater London Council, have effect as if any reference to a local authority were a reference to that Council;

(b)so far as the enactment relates to a sewer primarily serving that area other than a main sewer or to drainage in that area, have effect as if any reference to a local authority were a reference to the council of a London borough or county district, as the case may be:

Provided that this paragraph shall not affect the exercise of any function with respect to a main sewer or sewage disposal works primarily serving that area so long as the sewer or works remains vested in the council of a London borough or county district.

3The following provisions, that is to say—

(a)the enactments mentioned in section 37 (1) of this Act, so far as they relate to functions exercisable (by virtue of the two foregoing paragraphs) by the Greater London Council, and

(b)section 27 of the Public Health Act 1936 and Part XII of that Act so far as it relates to that section,

shall extend to the City and the Temples, but save as aforesaid and except as provided by paragraph 4 of this Part of this Schedule those enactments shall not apply to the City or the Temples.

4The Minister may, on the application of the Common Council, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, as the case may be, and after consultation with the Greater London Council, extend to the City, the Inner Temple or the Middle Temple the enactments mentioned in section 37 (1) of this Act and the provisions of Part III of this Schedule, so far as they do not otherwise extend there, subject, however, to such exceptions and modifications as may be specified in the order ; and any such order may, so far as it appears to the Minister to be necessary or proper for the purposes or in consequence of any of the provisions of the order, modify section 35 (3) of this Act, the foregoing provisions of this Part of this Schedule and the provisions of Part II of this Schedule.

PART IISpecific modifications of Sewerage Provisions of Public Health Act 1936

1(1)The powers conferred by section 15 (1) (i) shall not be exercisable by the Greater London Council, but that Council shall instead have the powers conferred by paragraph 1 of Part III of this Schedule.

(2)Nothing in section 15 shall be construed as absolving the council of a London borough or county district from complying with any relevant requirement imposed by paragraph 7 of Part III of .this Schedule.

2(1)The power of a local authority under section 17 to make a declaration vesting in themselves a sewer or sewage disposal works situate within or serving their district or any part of their district shall not be exercisable—

(a)by the Greater London Council as respects a sewer or sewage disposal works which is vested in the council of a London borough or county district;

(b)by the council of a London borough or county district as respects a sewer or sewage disposal works which is vested in the Greater London Council.

(2)In section 17 (1) the words from " being " to " Act" shall be omitted.

(3)Section 17 (7) and (8) shall not be construed as applying to a declaration by .the Greater London Council with respect to a sewer or sewage disposal works (unless the sewer or works is situate outside, or serves a district outside, the Council's sewerage area and in relation to a declaration by (the council of a borough or county district with respect to a sewer situate within, or serving a district within, that area shall have effect as if any reference to another local authority did not include a reference to the Greater London Council.

3Section 18 (3) shall not be construed as applying to an agreement to vest a sewer or sewage disposal works in the Greater London Council unless the sewer or works is situate outside the Council's sewerage area and in relation to an agreement to vest in the council of a borough or county district a sewer situate within that area shall have effect as if any reference to another local authority did not include a reference to the Greater London Council.

4(1)In section 20 (1) the reference to section 29 of the Local Government Act 1929 shall be construed not only as a reference to section 227 of the Highways Act 1959 but also as including a reference to section 17 (5) of this Act.

(2)For section 20 (2) there shall be substituted the following subsection :—

“(2)Sewers which by virtue of this section continue to be or become vested in a local authority, and sewers and drains which by virtue of section 35 of the London Government Act 1963 become so vested shall be known, and are referred to in this Act, as public sewers:

Provided that a sewer constructed by a local authority after 1st April 1965, or a sewer or drain constructed by such an authority or one of their predecessors between 30th September 1937 and that date for the purpose only of draining property belonging to the authority or their predecessors, being in the case of a sewer or drain constructed before that date by the London county council or a metropolitan borough council a sewer or drain used only for that purpose at that date, shall not be deemed to be a public sewer for the purposes of this Act unless or until it has been declared (whether before or after that date) to be a public sewer.”

5In section 21, in its application to Greater London (whether or not in the sewerage area of the Greater London Council) but not in its application to any part of that area outside Greater London, any reference to a county council shall include a reference to the Greater London Council and in subsection (4) of that section a reference to section 29 (2) of the Local Government Act 1929 shall be construed not only as a reference to section 227 of the Highways Act 1959 but also as including a reference to section 17 (5) of this Act.

6(1)Section 24 (4), in its application to an inner London borough, shall have effect as if references to the commencement of that Act were references to 1st April 1965 and as if at the end there were added the words “or

(c)any length which immediately before 1st April 1965 was used for draining any group or block of houses by a combined operation under an order of a metropolitan borough council or their predecessors ; or

(d)any length which immediately before that date was used for draining a group or block of houses by a combined operation, being a length laid or constructed before 1856 in pursuance of an order or direction of, or with the sanction or approval of, the Metropolitan Commissioners of Sewers.”

(2)Section 24 (5) shall not apply to an inner London borough, the City or the Temples.

7Sections 25, 37 and 38 shall not apply to an inner London borough, the City or the Temples, and in their application to any other part of the sewerage area of the Greater London Council shall have effect as if references to a local authority did not include references to that Council.

8For the purposes of section 27 all sewers provided by the Common Council, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple shall be treated as public sewers.

9(1)If so requested by the Greater London Council, the council of a London borough or county district shall enter into an agreement under section 28 on such terms, if any, as the Greater London Council may direct for causing a sewer in the sewerage area of the Greater London Council to communicate with or discharge into a sewer or sewage disposal works outside that area with any other sewerage authority who are willing to enter into 'the agreement on such terms.

(2)The Common Council shall be included among the sewerage authorities with whom the council of an inner London borough may enter into an agreement under section 28.

(3)Where the council of a London borough or county district enter into such an agreement at the request of the Greater London Council and in consequence reasonably incur expenditure in excess of that which they would have incurred apart from the agreement, the amount of the excess shall be reimbursed to them by the Greater London Council; and any dispute as to the reasonableness of the expenditure or the amount of the excess shall, in default of agreement, be determined by the Minister.

10The power of letting land conferred on a local authority by section 29 shall not be exercised by the council of a London borough or county district in the case of land in the sewerage area of the Greater London Council without the consent of the Greater London Council.

11In section 30 the reference to Part II of the Public Health Act 1936, and in section 31 the reference to the foregoing provisions of the said Part II, shall be construed as including references to Part III of this Schedule.

12(1)The requirement to keep a map imposed on a local authority by section 32 shall not be construed as requiring the council of a London borough or county district to keep a map showing and distinguishing any sewers or drains within their district which are not vested in the council.

(2)Section 32 (3) shall not apply in the sewerage area of the Greater London Council.

(3)At the end of section 32 there shall be added the following subsection—

“(4)The council of every London borough and county district having sewers in the sewerage area of the Greater London Council shall supply a copy of the said map to the Greater London Council.”

13(1)Where a person proposes under section 34 or 35 to make a communication between a drain or sewer and a public sewer of the Greater London Council, the grounds on which the Council may refuse under section 34 (3) or 35 (1) to permit the communication shall be such grounds as they think fit and no application to a magistrates' court may be made under the proviso to section 34 (3) or under section 35 (2) in respect of any such refusal by the Council.

(2)Where a communication is made under section 34 or 35 between a drain or sewer and a public sewer of the council of a borough or county district, the council shall as soon as may be after the making of the communication give the Greater London Council notice of the fact together with such particulars of the communication as the Greater London Council may require in that case or that class of case.

14In sections 39 and 40, any reference to a local authority shall not include a reference to the Greater London Council.

15Section 41 shall apply throughout the sewerage area of the Greater London Council and not only to the areas mentioned in subsection (1) of that section, and references in that section to a local authority shall—

(a)in relation to a public sewer, be construed as a reference to the local authority in whom the sewer is vested ; and

(b)in relation to any other sewer or in relation to a cesspool or other receptacle for drainage, be construed as a reference to the council of the London borough or county district in which the sewer, cesspool or other receptacle is situated.

16Any reference in section 42 to a local authority shall be construed as a reference to the local authority in whom the sewer in question is vested or, as the case may be, the council of the London borough or county district in which the cesspool in question is situated.

17In the provisions of Part XII mentioned in section 37 (1) of this Act any reference to the Public Health Act 1936 shall include a reference to Part V of this Act (including Part III of this Schedule).

18Section 290 (2) to (7) shall apply in relation to any notice given under paragraphs 14 (1) and (3) and 15 (2) of Part III of this Schedule.

19In section 343 (1) the definition of " local authority" shall not apply in relation to the enactments mentioned in section 37 (1) of this Act.

PART IIIProvisions Reproduced from Part II of Public Health (London) Act 1936

Construction, maintenance and operation of sewers, etc.

1(1)For the purpose of exercising their functions under the enactments mentioned in section 37 (1) of this Act, the Greater London Council may construct a public sewer—

(a)in, under or over any street, or in or under any cellar or vault below any street;

(b)in, on or over any land not forming part of a street; and

(c)in, under or over the bed, banks or shores of the River Thames.

(2)Where the Greater London Council propose in the exercise of their powers under this paragraph to construct a sewer which will cross or interfere with any watercourse or works vested in, or under the control of, a land drainage authority other than the Council or the council of a London borough or county district, they shall before adopting plans for the construction of the sewer give notice of their proposals to that authority; and if that authority within twenty-eight days of the giving of the notice to them serve on the Greater London Council notice of objection to the proposals, the Council shall not proceed with the proposals unless all objections so made are withdrawn or the Minister after a local inquiry has approved the proposals with or without modification.

(3)Section 31 (2) of the Land Drainage Act 1961 (which requires the consent of a river authority to the erection, alteration or repair of structures in, over or under watercourses) shall not apply to any work executed under this paragraph.

(4)The foregoing provisions of this paragraph shall not be construed as exempting the Council from compliance with any relevant requirement imposed by or by virtue of section 279 or any other provision of Part XII of the Public Health Act 1936 or by or by virtue of the Public Utilities Street Works Act 1950.

(5)Except where notice has to be given by the Greater London Council in pursuance of sub-paragraph (2) of this paragraph or of any requirement mentioned in sub-paragraph (4) thereof, no notice need be given by them of any exercise of the powers conferred by this paragraph.

2(1)Where any sewer or part of a sewage disposal works vested in the Greater London Council interrupts or will interrupt communications between any premises and any other land or between several parts of the same premises, the Greater London Council may construct such bridges, arches, roads, passages or culverts as they think appropriate for restoring or preserving those communications or may instead pay such compensation to the owners and occupiers of the premises affected as may be agreed with them or as may be just.

(2)Without prejudice to any duty imposed on them by any other enactment, any bridges, arches, roads, passages or culverts constructed in pursuance of this paragraph shall be maintained by the Greater London Council.

3No works under or over the main navigable channel of the River Lee shall be executed by the Greater London Council in pursuance of the enactments mentioned in section 37 (1) of this Act or in pursuance of this Part of this Schedule, unless—

(a)in the case of any work under the navigation, the top of the work is at least twelve feet below high water, Trinity standard, and

(b)in the case of any work over any part of the navigation, the soffit of the work is at least eight feet six inches above high water, Trinity standard, with a clear span over the river, inclusive of the towing path thereof, of at least fifty-four feet:

Provided that the British Waterways Board, upon the application of the Greater London Council, may allow a variation of the said dimensions or any of them.

4(1)Notwithstanding anything in sections 30, 31 and 331 of the Public Health Act 1936, the Greater London Council—

(a)may cause storm water to be discharged from any sewer or pumping station for the time being vested in them into Channelsea river or Abbey creek or both, at any point in the London borough numbered 17 in Part I of Schedule 1 to this Act south of the bridge carrying Abbey road over that river or, as the case may be, that creek ; and

(b)may permit any storm water discharged under this paragraph into the said river or creek to flow thence into Bow Creek and thence into the River Thames:

Provided that the Greater London Council—

(i)shall cause the storm water to be discharged only at such times and in such manner as may be necessary to prevent the flooding of places and premises within the sewerage area of the Greater London Council; and

(ii)shall take ah steps to avoid, so far as practicable, the creation of any nuisance in Channelsea river or Abbey creek by reason of the exercise of the powers of the Council under this paragraph.

(2)The Greater London Council shall, at the request of the British Waterways Board, cause to be removed at the expense of the Council, by dredging or otherwise to the reasonable satisfaction of the engineer of the said Board, any deposit on the bed of Channelsea river or Abbey creek caused by, or arising from, the discharge by the Council of storm water into the said river or creek under this paragraph.

Any dispute arising under this sub-paragraph between the Greater London Council and the British Waterways Board shall be determined by an arbitrator, who shall, in default of agreement, be appointed by (the Minister of Transport on the application of either party to the dispute.

(3)Save as otherwise agreed in writing between the Greater London Council and the Lee Conservancy Catchment Board, the Council, in exercise of their powers under this paragraph, shall not begin any such part of the works required for the purpose of a storm outlet as may involve interference with any river, watercourse, sewer, drain, pipe, river wall or defence or other work which is under the management or control of the Board by virtue of the transfer to them under the Land Drainage Act 1930 of powers formerly exercisable by 'the council of the county borough of West Ham under the West Ham Corporation (Improvements) Act 1888, unless the Greater London Council have given to the Board at least one month's previous notice of the Council's intention to begin that part of the works aforesaid, together with a plan and section thereof; and in respect of that part of the works and the execution and maintenance thereof, the Council shall comply with all such reasonable requirements as may be communicated to them in writing by the Board within fourteen days after service of the said notice upon them, and that part of the works shall be executed to the reasonable satisfaction of the Board and the reasonable expenses incurred by the Board in connection therewith shall be paid by the Council.

Any dispute arising under this sub-paragraph between the Greater London Council and the said Board shall be determined by an arbitrator who shall, in default of agreement, be appointed by the President of the Institution of Civil Engineers on the application of either party to the dispute.

5(1)For the purpose of securing the efficient maintenance of the main and general sewerage of their sewerage area, the Greater London Council shall make such orders as they think proper—

(a)for the guidance, direction and control of councils of London boroughs and county districts in relation to the levels, construction, abandonment, alteration, maintenance and cleansing of sewers in their respective areas ;

(b)for securing that proper communications are made between the various sewers vested in the councils of London boroughs and county districts and between those sewers and the sewers vested in the Greater London Council;

(c)generally for the guidance, direction and control of councils of London boroughs and county districts in the discharge of their functions in relation to sewerage.

(2)Orders under this paragraph may be so framed as to apply generally or to any particular case or class of case and may make different provision for different cases.

(3)Where the Greater London Council propose to make an order under this paragraph they shall serve a copy of a draft of the order on such as will be affected of the councils of the boroughs and county districts wholly or partially situate within their sewerage area, and any council affected may within six weeks of the service on them of a copy of the draft order refer to the Minister the question whether the order or any provision thereof should be made or whether it should contain other provisions in addition to or in substitution for those contained in the draft order ; and on the determination of the reference the Minister may confirm or disallow the draft order and, if he confirms it, may make such modifications thereof as he thinks fit.

(4)An order under this paragraph shall not be made until the expiration of six weeks beginning with the service of the last copy of the draft order to be served or, if it is referred to the Minister, until the Minister has determined the reference and confirmed the order with or without modifications.

(5)On its coming into force, an order under this paragraph shall be binding on the councils of London boroughs and county districts.

6(1)The Greater London Council may make byelaws—

(a)for regulating the dimensions, form and mode of construction, and the maintenance, cleansing and repair, of pipes, drains and other means of communication with sewers, and the traps and apparatus connected therewith, and for prescribing the levels at which such means of communication, traps and apparatus as aforesaid are to be laid ;

(b)for requiring persons who are about to construct, reconstruct, or alter pipes, drains or other means of communication with a sewer, or the traps or apparatus connected therewith, to deposit with the local authority such plans, sections and particulars of the proposed work as may be necessary for the purpose of ascertaining whether it will comply with the requirements of the enactments mentioned in section 37 (1) of this Act, of this Part of this Schedule and of any byelaws under this paragraph:

Provided that byelaws made under paragraph (b) of this sub-paragraph—

(i)shall not require the deposit of plans or sections in the case of any repair which does not involve the alteration or entire reconstruction of any such means of communication as aforesaid or of the traps or apparatus connected with a sewer, and

(ii)in a case where the alteration of a drain must be carried out at once, shall not require the deposit of plans, sections and particulars of the proposed work before it is begun, but may require the deposit thereof within such period after the commencement of the work as may be specified in the byelaws.

(2)Byelaws under this paragraph shall only apply to the inner London boroughs.

7(1)Where the council of a London borough or county district propose to construct a public sewer or to make a communication between any sewer or drain of theirs and a sewer vested in the Greater London Council, they shall, before beginning any works for the purpose, give notice of the proposal to the Council and shall not proceed with a proposal to make any such communication except with the written approval and in accordance with the directions of the Council.

(2)Any notice under this paragraph shall be accompanied by—

(a)plans and sections of the sewer or communication, as the case may be, drawn to such convenient scale, and showing its location and such other matters, as the Council may direct, and

(b)such other particulars of the proposal as the Council may direct.

(3)Any dispute as to whether any approval under this paragraph has been unreasonably withheld or whether any directions thereunder are unreasonable shall, in default of agreement, be determined by the Minister.

8(1)Where proposals for the carrying out of any work have been finally approved under paragraph 7 of this Part of this Schedule, then, without the requisite approval—

(a)the proposals shall not be substantially departed from; and

(b)if the work is not completed within two years of the approval of the original proposals, it shall not be proceeded with.

(2)The said paragraph 7 shall apply in relation to an application for approval under this paragraph as it applies in relation to the original proposal, except that where it is proposed to depart in any respect from the original proposals, the plans, sections and any particulars required by that paragraph shall show the nature of the variation.

(3)This paragraph shall apply in relation to proposals approved thereunder as it applies in relation to proposals originally approved under the said paragraph 7.

9The Greater London Council or the council of an inner London borough may, so far as may be necessary for the execution in the sewerage area of the Council or in that borough, as the case may be, of any works by that council under the enactments mentioned in section 37 (1) of this Act or under this Part of this Schedule, close or stop up any street.

Transfer of sewerage responsibilities and of sewers

10(1)If it appears to the Greater London Council that any part of a London borough or county district is so situate that it would be convenient for the purposes of sewerage and drainage that that part should be placed under the management of the council of an adjoining borough or district, the Greater London Council may by order direct that that part shall, for those purposes, be under the management of that borough or district council.

(2)Where, by virtue of an order under this paragraph, any part of a London borough or county district is placed under the management of the council of an adjoining borough or district, the sums which that council require for defraying the expenses incurred by them in the discharge of their functions relating to sewerage in the said part of the first-mentioned borough or district shall be paid, upon the order of that council, by the council of the first-mentioned borough or district.

11Where—

(a)a street or line of street is situate in (two or more boroughs or county districts, or

(b)the whole of a street is situate in one borough or county district, but the whole or any part of the buildings abutting on that street is situate in another borough or county district,

the Greater London Council may order that the street or line of street shall, for the purposes of sewerage or drainage or both, be under the exclusive management of the council of one of the said boroughs or districts, and may by order direct in what proportions the costs of constructing and maintaining any new sewer or drain in the street or line of street, or of reconstructing, repairing or maintaining any sewer or drain therein, are to be borne and defrayed respectively by the councils of those boroughs or districts, and the decision of the Greater London Council with respect thereto shall be final.

12(1)The Greater London Council may by order declare that any sewer vested in them shall as from such date as may be specified in the order vest in the council of the London borough or county district in which the sewer is situated.

(2)The transfer of a sewer under this paragraph shall not be made without the consent of the council to whom it is to be transferred and shall be made on such terms and conditions as may be agreed between that council and the Greater London Council:

Provided that the foregoing requirement shall not apply if the Minister on the application of the Greater London Council and after consultation with the other council dispenses with the requirement.

(3)Any dispensation granted by the Minister under the last foregoing sub-paragraph may be given either unconditionally or subject to conditions (including conditions requiring the Greater London Council to make payments to the other council in respect of the expenses of repairing or renewing the sewer to be transferred).

(4)Where a sewer transferred under this paragraph is situated in a part of a London borough or county district or in a street to which an order under paragraph 10 or 11 of this Part of this Schedule applies, the Greater London Council may make such amendments of that order as appear to them to be appropriate in consequence of the transfer.

(5)In this paragraph " sewer " includes a part of a sewer.

Control of drainage work

13(1)It shall not be lawful in an inner London borough—

(a)to erect any house or other building, or

(b)to rebuild any house or other building Which has been pulled down to, or to a level below, the floor commonly called the ground floor,

unless there are provided to the satisfaction of the borough council drains conforming with the requirements of this paragraph and all such drains and all works and apparatus in connection therewith are constructed to the satisfaction of the council and, in particular, are constructed of such materials and size, at such level and with such fall, as are approved by the council and are provided with a water supply.

(2)In an inner London borough it shall not be lawful to occupy any house or other building which has been erected or rebuilt in contravention of the foregoing sub-paragraph or of section 37 of the Public Health (London) Act 1936.

(3)In order to conform with the requirements of this paragraph a drain must provide for the drainage of the house or building in connection with which it is required—

(a)into such sewer, situate or intended to be constructed near the house, building or site, as the borough council may direct; or

(b)if no sewer is or will be available for the drainage of the house or building, into such covered cesspool or other place, not being under any house or other building, as the council may direct;

and the drains must secure efficient drainage by gravitation at all times and under all conditions of all parts of the house or building including any areas, water-closets, privies and offices belonging to the house or building.

(4)In rebuilding in an inner London borough any house or building which has been pulled down to, or to a level below, the floor commonly called the ground floor, the level of the lowest floor of the house or building shall, subject to the provisions of the next following sub-paragraph, be raised so far as may be necessary to allow of the construction of such works as are required by this paragraph, and for that purpose levels shall be taken and determined under the direction of the borough council.

(5)Notwithstanding anything in the foregoing provisions of this paragraph, where it is proposed to erect or rebuild in an inner London borough any house or building at such a level as will not allow of the drainage of all parts of the house or building by gravitation as aforesaid, the borough council may, as respects any part of the house or building which cannot be so drained, either—

(a)allow that part to be constructed so as not to require drainage therefrom; or

(b)allow that part to be drained by means of such pumping or lifting apparatus as may be provided to the satisfaction of the council.

Any pumping or lifting apparatus provided under this sub-paragraph shall be deemed to be a drain.

(6)Where separate sewers for the reception of surface water and sewage respectively have been, or are intended to be, provided in any street, the borough council may, in the discharge of their functions under this paragraph in relation to any house or other building which is to be drained into the sewers in that street, require that the house or building be provided with separate drains for discharging surface water and sewage respectively into the appropriate sewers.

(7)Any person aggrieved by any order, direction, requirement or other decision of a borough council under the foregoing provisions of this paragraph may appeal to a magistrates' court.

14(1)Where in an inner London borough—

(a)any house or other building, whether erected before or after 1st April 1965, is not drained, to the satisfaction of the borough council, by means of a sufficient drain communicating with, and emptying itself into, a sewer, and

(b)a sewer is or will be available for the drainage of the house or building,

the council may, by notice served on the owner of the house or building, impose such requirements as are mentioned in the next following sub-paragraph.

(2)The requirements which may be imposed by notice under this paragraph are requirements—

(a)to construct a covered drain from the house or building into the said sewer and such connections to the drain as are adequate for the purposes of draining the house or building, including any areas, water-closets, privies and offices belonging to the house or building and of conveying the sewage therefrom into the sewer ;

(b)to construct the drain and the connections of such materials and size, at such level and with such fall, as are adequate for the said purposes ;

(c)to provide proper paved or impermeable sloping surfaces for carrying surface water into the drain or any connections thereto ;

(d)to provide proper sinks, and proper inlets and outlets, syphoned or otherwise trapped, for preventing the emission of effluvia from the drain or any connections thereto ;

(e)to provide a proper water supply and water-supplying pipes, cisterns and apparatus for scouring the drain and any connections thereto, and for causing the drain and any connections thereto to convey away the soil;

(f)to provide proper sand traps, expanding inlets and other apparatus for preventing the entry of improper substances into the drain or any connections thereto ; and

(g)to provide all such other proper works and arrangements as appear to the council or their officers necessary to secure the safe and proper working of the drain and to prevent it from obstructing or otherwise injuring, or impeding the action of, the sewer into which it leads.

(3)Where—

(a)any house or other building in an inner London borough, whether erected before or after 1st April 1965, is without sufficient drainage ; and

(b)there is no proper sewer within two hundred feet of any part of the house or building,

the borough council may, with a view to making temporary provision for the drainage of the house or building and for the abatement of any nuisance existing therein or caused thereby, serve on the owner of the house or building a written notice requiring him—

(i)to construct, elsewhere than under a house and not nearer to any house than the council may direct, a covered watertight cesspool or tank or other suitable receptacle ; and

(ii)to construct and lay a covered drain leading from the first-mentioned house or building into that cesspool, tank or other receptacle.

(4)Where a borough council have required any works to be executed under the foregoing provisions of this paragraph, the council may, from time to time during the execution of the works, cause them to be inspected and may by further notice served on the owner of the house or building require such reasonable alterations thereof, additions thereto or abandonment of parts thereof as the council or their officers, with the fuller knowledge afforded by the opening of the ground, consider necessary to secure that the works will be thoroughly effective for their purpose.

(5)Where—

(a)it appears to the council of an inner London borough that a group or block of contiguous houses, or of adjacent detached or semi-detached houses, can more economically or advantageously be drained and improved in combination than separately ; and

(b)a sewer of sufficient size is situate, or about to be constructed, within one hundred feet of any part of the group or block,

the council may by order require that the group or block be drained by a combined operation complying with such of the requirements mentioned in sub-paragraph (2) of this paragraph as may be specified in the order.

(6)Any person aggrieved by an order made by a borough council under (the last foregoing sub-paragraph may appeal to a magistrates' court.

15(1)No person shall—

(a)begin to lay or to dig out the foundations of any house or building in an inner London borough, or to rebuild any house or building therein; or

(b)begin to make any drain for the purpose of draining directly or indirectly into a sewer under the control of the council of such a borough,

unless, at least seven days previously, he has given to the borough council notice of his intention so to do, and if any person begins to lay or dig out the foundations of any such house or building, or to make any drain for the purpose aforesaid, in contravention of this paragraph, he shall be liable to a fine not exceeding five pounds and to a further fine not exceeding forty shillings for every day thereafter until the notice is given.

(2)If any house or building, or any drain for draining directly or indirectly into a sewer under the control of the council of a London borough, or any connections to such a drain, or any works, apparatus or water supply in connection with such a drain, is or are begun, erected, made or provided in an inner London borough in contravention of the provisions of this Part of this Schedule or of the corresponding provisions of any enactment repealed by this Act, the council of the borough at their option may either—

(a)serve upon the owner of the house or building or of the drain (as the case may be) a notice requiring him to cause the house or building to be demolished or altered or to cause the drain or the connections or other works and apparatus in connection therewith or the waiter supply to be relaid, remade, altered or added to, as the case may require ; or

(b)recover from the person in default, as a debt due from him to the council, a penalty not exceeding five pounds, and a further penalty not exceeding forty shillings for every day on which the contravention continues.

Miscellaneous

16It shall be the duty of the council of a London borough or county district, the Common Council, the Sub-Treasurer or the Under-Treasurer, as the case may be, to cleanse every grating and gully in the borough, district, City, Inner Temple or Middle Temple, as the case may be, which satisfies all the following conditions, that is to say—

(a)it is vested in, or under the control of, the Greater London Council; and

(b)it is situate in a street which is not a metropolitan road ; and

(c)it communicates with a sewer vested in the Greater London Council.

17(1)The council of a London borough or county district may serve on the owner or occupier of any land abutting on a street vested in, or repairable by, the council a notice requiring him within the period of twenty-eight days beginning with the service of the notice to carry out such works on the land as may be (specified in the notice for preventing soil or refuse from the land from entering any sewer or gully in the street in such quantities as to choke up the sewer or gully.

(2)If any person fails to comply with the requirements of a notice under this paragraph, he shall be liable to a fine not exceeding five pounds and to a further fine not exceeding twenty shillings for every day on which the failure continues after conviction.

(3)Any person aggrieved by the requirements of any such notice may appeal to a magistrates' court.

18(1)If any person—

(a)knowingly erects or places any building, wall, bridge, fence, obstruction or encroachment in, on, over or under any sewer vested in the Greater London Council or in the council of an inner London borough ; or

(b)obstructs, fills in or diverts any sewer or drain vested in or under the control of, the Greater London Council or the council of an inner London borough,

without the previous consent in writing of the council in whom the sewer or drain is vested or by whom it is controlled, then, without prejudice to any other proceedings which may be taken against him, that council—

(i)may recover from him, as a debt due from him to the council, a penalty not exceeding twenty pounds, and a further penalty not exceeding five pounds for every day on which the contravention continues after notice thereof has been served on him by the council; and

(ii)may demolish and remove the building, wall, bridge, fence, obstruction or encroachment, and execute any works necessary for re-opening, restoring, repairing or reinstating the sewer or drain, as the case may be, and may recover from the offender the expenses incurred by the council in so doing.

(2)Nothing in this paragraph shall prevent or impede the maintenance, repair or renewal of any building or works under which a sewer or drain has been constructed, so however that the building or works shall not injure or obstruct the sewer or drain.

19If any person—

(a)removes, demolishes or otherwise interferes with any sewer or part of a sewer vested in the Greater London Council or in the council of a London borough or county district, without the previous consent in writing of the council concerned ; or

(b)wilfully damages any sewer, bank, defence, wall, penstock, grating, gully, side entrance, tide valve, flap, work or thing vested in the Greater London Council or in the council of a London borough or county district; or

(c)does anything by reason of which the drainage of the sewerage area of the Greater London Council or any part thereof may be obstructed or damaged,

the council concerned may, without prejudice to any other proceedings which may be taken against that person, recover from him, as a debt due from him to the council, a penalty not exceeding twenty pounds, and also the amount of the expenses incurred by that council in repairing, restoring or reinstating the sewer or other work or thing removed, demolished, interfered with, damaged or obstructed, as the case may be.

20(1)Every person found in, or attempting to enter, any sewer vested in the Greater London Council or in the council of a London borough or county district without the permission of the council in whom the sewer is vested, shall be liable to a fine not exceeding forty shillings.

(2)Any person found in, or attempting to enter, any such sewer as aforesaid without the permission of the council in whom it is vested may be removed from the sewer by an officer of that council, and in the event of the name and address of that person not being known the officer may detain him and hand him over to a police constable.

21Without prejudice to the generality of the enactments relating to the acquisition of land by local authorities, the Greater London Council and the council of a London borough or county district may—

(a)purchase, or procure the removal of the whole or any part of, any structure, apparatus or other thing which interrupts or impedes sewerage or drainage, and purchase any land which it may be necessary or expedient to purchase for the purpose of preventing the obstruction of sewerage or drainage ;

(b)purchase or take on lease the whole or any part of any stream or spring of water or any rights therein which it appears to them necessary to acquire and use for the purpose of cleansing sewers and drains or for any other purposes of Part II of the Public Health Act 1936 or this Part of this Schedule ;

(c)purchase or take on lease any land which the council consider it advisable to purchase or take on lease for the purpose of drawing or obtaining water from springs or by sinking of wells, and for making and providing reservoirs, tanks, aqueducts, water-courses and other works, or for any other purpose connected with the works for obtaining such supply of water as aforesaid:

Provided that nothing in this paragraph shall authorise any council to use any works executed by them under Part II of the Public Health Act 1936 or this Part of this Schedule, or permit such works to be used, for the purpose of carrying water by supply pipes into any house or factory for domestic manufacturing or commercial purposes.

Section 38.

SCHEDULE 10Modifications as from 1st April 1965 of Enactments Relating to Trade Effluents

1Subject to the provisions of this Schedule, for the purposes of the enactments relating to trade effluents mentioned in section 38 (1) of this Act in their application to the sewerage area of the Greater London Council—

(a)the Greater London Council shall be the local authority for that area both as respects public sewers vested in the Council and as respects those vested in a sewerage authority mentioned in sub-paragraph (b) of this paragraph ; and

(b)in addition to the Greater London Council, the council of a London borough or county district, the Common Council, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple shall be sewerage authorities.

2In those enactments in their application to the said sewerage area—

(a)any reference to an interested body in relation to a sewer which discharges into a sewer or sewage disposal works of the Greater London Council shall be construed as including a reference to any sewerage authority in whom that sewer is vested ;

(b)any reference to a public sewer or to a sewer of a local authority shall be construed as a reference to a public sewer of the Greater London Council or of some other sewerage authority, as the case may require; and

(c)any reference to the district of a local authority shall be construed as a reference to the sewerage area of the Greater London Council;

and for the purposes of those enactments and this Part of this Schedule any sewer vested in the Common Council, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple shall be deemed to be a public sewer.

3The Public Health (Drainage of Trade Premises) Act 1937 in its application to the said sewerage area shall have effect subject to the following provisions:—

(a)any reference in the said Act of 1937 to a provision of the Public Health Act 1936 which is modified by Schedule 9 to this Act shall be construed as a reference to that provision as so modified;

(b)section 1 shall not prejudice the operation of any provision of the City of London Sewers Act 1848 with respect to the making of communications with sewers or the construction or execution of works to or in connecton with any sewers or drains;

(c)in section 4 (1) (c) for the first reference to the local authority there shall be substituted a reference to the authority in whom the sewer was vested at the time when the agreement was made;

(d)in section 4 (2) the first reference to the local authority shall, in relation to a drain or sewer, be construed as a reference to the authority who closed the drain or sewer and provided a new one as mentioned in that subsection;

(e)in the application of the said Act of 1937 to the inner London boroughs, the City, the Temples and any other area to which that Act did not apply immediately before 1st April 1965—

(i)a reference to that date shall be substituted for the references in sections 4 (1) and 9 (2) to 3rd March 1937 and for the reference in section 7 (5) to the passing of that Act;

(ii)section 12 shall not have effect;

(iii)in the case of any part of the said sewerage area falling within an outer London borough or a county district, any question arising under section 4 (1) (as modified by this sub-paragraph) whether a trade effluent discharged within the period of one year ending on 1st April 1965 was lawfully discharged shall be determined as if the Public Health Act 1936 had not been in operation ; and

(f)in the application of the said Act of 1937 to any part of the said sewerage area to which that Act applied immediately before 1st April 1965 by virtue only of an order under section 22 of the London County Council (General Powers) Act 1953, the modifications of the said Act of 1937 specified in that order shall continue to have effect notwithstanding the repeal of the said section 22 by this Act.

4Section 7 of the said Act of 1937 (which enables a local authority to make agreements for the reception and disposal of trade effluents with the owners or occupiers of trade premises within the district of the authority) shall be construed as enabling—

(a)the Greater London Council to enter into such agreements with the owners or occupiers of trade premises outside their sewerage area;

(b)sewerage authorities outside that area to enter into such agreements with the owners or occupiers of trade premises within that area ;

(c)the Greater London Council and any interested body in whom is vested a sewer in the Council's sewerage area to enter jointly into such agreements with the owners or occupiers of trade premises whether within or outside that area.

5(1)Any payments mentioned in sub-paragraph (2) of this paragraph and received by the Greater London Council shall—

(a)if the payment is in respect of the reception or disposal of a trade effluent which has passed through the public sewers of any interested body in the Council's sewerage area, be apportioned between the Council and that body; and

(b)if the payment is in respect of the reception and disposal of a trade effluent which has passed through the public sewers of a sewerage authority outside that area, be apportioned between the Council and that sewerage authority,

in either case in such proportions as may be agreed or in default of agreement determined by the Minister.

(2)The said payments are—

(a)payments made in pursuance of conditions imposed by virtue of section 2 of the Public Health (Drainage of Trade Premises) Act 1937 (whether as originally enacted or as amended by section 59 of the Public Health Act 1961);

(b)such payments as are mentioned in section 4 (1) (c) of the said Act of 1937 (as modified by the foregoing provisions of this Schedule);

(c)payments made in pursuance of an agreement under section 7 of the said Act of 1937 (whether as originally enacted or as modified by paragraph 4 of this Schedule); and

(d)payments made in pursuance of a direction under section 55 of the Public Health Act 1961.

6In section 68 of the said Act of 1961 any reference to any information which has been furnished under the said Act of 1937 or Part V of the said Act of 1961 shall be construed as including a reference to information which has been furnished under Part II of the London County Council (General Powers) Act 1953 or Part V of the London County Council (General Powers) Act 1962.

7The enactments relating to trade effluents mentioned in section 38 (1) of this Act shall apply to any part of Greater London which does not form part of the sewerage area of the Greater London Council as they apply elsewhere in England and Wales, and accordingly the local authority for the purposes of those enactments in their application to any such part of Greater London shall as respects a London borough be the council of the borough; but the foregoing provision shall not affect the application of paragraphs 4 and 5 of this Schedule or of any local statutory provision having effect in the district of the West Kent Main Sewerage Board.

Section 40.

SCHEDULE 11Modification and Re-enactment as from 1st April 1965 of Provisions of Public Health Acts

PART IMODIFICATIONS

GENERAL MODIFICATIONS

1Subject to the provisions of this Schedule, any reference in the enactments to which section 40 of this Act applies to the council of a county borough shall be construed as including a reference to the council of a London borough, the Common Council, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple.

2Subject as aforesaid, and without prejudice to the foregoing paragraph, any reference in the said enactments to the district of a local authority or urban authority shall be construed as including a reference to a London borough, the City, the Inner Temple and the Middle Temple and any reference to a borough or urban district shall be construed as including a reference to the City, the Inner Temple and the Middle Temple.

THE PUBLIC HEALTH ACT 1875

3Sections 160 and 171 shall not apply to Greater London.

4Any reference in section 161 to an urban authority shall, in relation to a metropolitan road, be construed as a reference to the Greater London Council alone.

5The paragraph in Part III of Schedule 5 relating to vaults and graves in churches and other places of public worship shall not apply to the inner London boroughs, the City or the Temples.

THE PUBLIC HEALTH ACTS AMENDMENT ACT 1890

6At the end of section 2 (2) there shall be added the words " other than a district in Greater London, and any provision of Part III which may be adopted by a local authority in England and Wales shall extend to Greater London without being adopted there, but Part IV shall not extend to, and may not be adopted in, Greater London " , and section 3 shall not apply to Greater London.

THE PUBLIC HEALTH ACTS AMENDMENT ACT 1907

7At the end of section 2 (2) there shall be added the words " other than a district in Greater London and such of those Parts or sections as may be so applied to a district in England and Wales shall extend to Greater London without being so applied " , and section 3 shall not apply to Greater London.

8Sections 21 and 80 and so much of section 81 as relates to the Town Police Clauses Act 1847 shall not apply to Greater London.

THE PUBLIC HEALTH ACT 1925

9Notwithstanding anything in section 2 (2) or 3, sections 14, 16 and 26 shall extend to Greater London without being adopted there and sections 17 to 19 shall not extend to, and may not be adopted in, Greater London, and accordingly the said sections 2 (2) and 3 shall not apply to Greater London.

10Section 76 shall not apply to Greater London.

THE PUBLIC HEALTH ACT 1936

11Subject to the provisions of the Public Health Act 1936, section 41 of this Act and this Schedule, in any district in Greater London the duty imposed by section 1 (1) of carrying the said Act of 1936 into execution shall, so far as relating to the enactments to which section 40 of this Act applies, be the duty of the local authority for that district.

12Sections 43, 53 to 55, and 57 to 71 shall not apply to an inner London borough, the City or the Temples.

13Section 51 shall in its application to Greater London have effect as if any reference to a water closet included a reference to a urinal and as if that section required the occupier of every building in or in connection with which a urinal is provided to cause the urinal to be supplied with flushing apparatus.

14(1)It shall be the duty of a local authority in Greater London other than the outer London boroughs to perform the following services throughout their district:—

(a)the services mentioned in section 72 (1);

(b)the removal under section 73 (1) of trade refuse of any kind whatsoever at the request of the occupier of premises ; and

(c)the cleansing of streets under section 77 (1);

and every such authority shall be treated for the purposes of sections 72 to 77 as having undertaken the performance throughout their district of the said services, but shall not be entitled to rescind the undertaking.

(2)Section 72 (2) shall not apply in relation to the removal of house refuse in Greater London other than the outer London boroughs, but the following provisions shall have effect therein instead:—

(a)the local authority shall appoint, and give sufficient notice of, the times for removing house refuse from premises within their district;

(b)where house refuse is not removed from any premises at the time appointed for those premises, the occupier of the premises may serve on the local authority a notice requiring the authority to remove the refuse ;

(c)if the local authority fail, without reasonable excuse, to comply with the notice within the period of forty-eight hours beginning with the service thereof (exclusive of Sundays, Christmas Day, Good Friday, bank holidays and any day appointed for public thanksgiving or mourning), the occupier of the premises may recover summarily as a civil debit from the authority the sum of five shillings for every day during which the default continues after the expiration of that period.

(3)The council of an outer London borough shall not without the consent of the Greater London Council undertake under section 73 (1) to remove from premises within their district trade refuse of a kind which has not previously (whether before or after 1st April 1965) been removed within any part of that district.

15(1)The powers exercisable by a local authority under sections 74 (2) and 76 (1) shall be exercisable throughout Greater London by the Greater London Council to the exclusion of any other authority, except that the powers conferred by section 76 (1) (c), so far as they relate to the provision of plant or apparatus for sorting and baling waste paper collected separately from other refuse, shall be exercisable concurrently by the authority collecting the paper and the Greater London Council; and—

(a)any reference to a local authority in the said sections 74 (2) and 76 (1) shall be construed accordingly ; and

(b)any reference to a local authority in section 76 (3), so far as that subsection relates to material deposited in a place provided for the deposit of refuse, shall be construed as a reference to the Greater London Council and not to any other authority.

(2)The places provided by the Greater London Council under section 76 (1) for the deposit of refuse may be either places for the initial deposit by other local authorities in Greater London of refuse removed by those authorities or places for the final deposit of refuse, and the powers of the Greater London Council under that section shall include power—

(a)to transport refuse from the former land of place to the latter kind or to plant or apparatus provided by the Greater London Council under that section; and

(b)to sell any refuse which has been deposited at any such place or delivered to the Council under section 74 (2).

(3)It shall be the duty of a local authority in Greater London other than the Greater London Council, unless otherwise directed by the Greater London Council, to deposit at the place appointed for the initial deposit thereof all refuse removed by that authority within the district of the authority except any refuse sold by that authority under section 76 (2).

(4)If a dispute arises between the Greater London Council and any other authority in Greater London as to whether a place provided for the initial deposit of refuse from the district of that other authority is unreasonably far from that district or is unsuitable for that authority's refuse removal vehicles the dispute shall, in default of agreement, be determined by the Minister.

(5)An order under section 84 of this Act may include provisions for securing that proper arrangements are in force with respect to the removal, treatment and disposal of refuse during the period of two years beginning with 1st April 1965, and sections 74 (2) and 76 of the Public Health Act 1936 and the foregoing provisions of this paragraph shall have effect subject to the provisions of any such order.

16(1)The charge which may be made by a local authority in Greater London under section 75(3) in respect of a dustbin provided by them and having a capacity of more than three and one quarter cubic feet may exceed the limit for the time being applicable by virtue of section 8(3) of the Local Government (Miscellaneous Provisions) Act 1953, but shall be of such reasonable amount as may be determined by the authority.

(2)Any charge so made in respect of a dustbin provided by a local authority in Greater London for premises in more than one occupation for rating purposes shall be apportioned by the authority in such proportions as may be just between the parts of the premises separately occupied for those purposes.

17Byelaws made under section 81 with respect to Greater London may include provision for preventing the occurrence of nuisances from ice, salt, offal, carrion, fish or other matter as well as nuisance from the matters therein mentioned.

18(1)Byelaws made under section 82 (1) with respect to Greater London may make the like provision for the removal or carriage by water of faecal or offensive or noxious matter or liquid as may be made with respect to the removal or carriage thereof through the streets and may provide that any receptacle or any ship or other vessel used for the purpose shall be properly constructed and covered so as to prevent the escape of any such matter or liquid and so as to prevent any nuisance arising therefrom.

(2)In section 82 (2) for the words from " a regulation " onwards there shall be substituted the words " an order under section 34 of the Road Traffic Act 1960 or section 10 (1) of the London Government Act 1963, the order shall prevail ",

19Sections 87 and 88, in their application to Greater London, shall have effect as if references to a county council included references to the Greater London Council.

20For the purposes of section 107 in its application to a London borough, the City or the Temples, the expression " offensive trade " shall include any business declared by an order under section 140 of the Public Health (London) Act 1936 to be an offensive business, being an order in force immediately before 1st April 1965 in some part of that London borough or in the City or the Temples, as the case may be.

21Section 137 shall not apply to an inner London borough, the City or the Temples.

22An order under section 305 of the Public Health (London) Act 1936 in force immediately before 1st April 1965 and applying all or any of the provisions of Part IX of that Act to an infectious disease in any area shall be deemed to be an order which has been made and come into operation under section 147 of the Public Health Act 1936 applying the corresponding provisions of Part V of the latter Act to that disease in the whole of any district of a local authority comprising any part of that area.

23In section 266 (1) (i) the references to a land drainage authority shall include references to the Greater London Council.

24In Part XII—

(a)any reference to the Public Health Act 1936 shall include a reference to section 41 of this Act and this Schedule ;

(b)any reference to a council shall be construed as including a reference to the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple, except that any reference in any provision of Part XII to the clerk or any officer or authorised officer of the council shall, in relation to the Inner Temple or the Middle Temple, be construed as a reference to an officer authorised by the Sub-Treasurer or the Under-Treasurer, as the case may be, to act for the purposes of that provision;

(c)any reference to a local authority or the district of a local authority shall, so far as relating to any enactment under which the Greater London Council has functions, be construed as a reference to that Council or Greater London as the case may be.

25No order shall be made under section 314 after the passing of this Act as respects the port health authority for the Port of London.

THE WATER AcT 1945

26Section 39 shall apply throughout Greater London.

27In section 59 (1)—

(a)at the end of the definition of "district" there shall be inserted the words " and includes the Inner Temple and the Middle Temple ";

(b)in the definition of " local authority" after the words " county borough" there shall be inserted the words " London borough " and for the Words " or the council of a metropolitan borough" there shall be substituted the words " the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple "; and

(c)in the definition of "local enactment" for the word "London" there shall be substituted the words " Greater London and the surrounding area ",

28In Schedule 1 any reference to the county council shall be construed as including a reference to the Greater London Council.

29In paragraph 1 (1) of Schedule 3, in the definition of "local authority ", after the words " rural district" there shall be inserted the words " or the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple ",

and at the end of the definition of " district" there shall be inserted the words " in relation to the Common Council, means the City of London, and includes the Inner Temple and the Middle Temple. "

THE CLEAN AIR AcT 1956

30Any reference to building byelaws and building regulations shall, in relation to Greater London other than the outer London boroughs, be construed as a reference to byelaws made by the Greater London Council or the London county council under the London Building Act (Amendment) Act 1935.

31In section 10 (1), for the words " the administrative county of London " there shall be substituted the words " Greater London or in an outer London borough ".

THE NOISE ABATEMENT Acc;,1960

32In section 2 (5) for the words " metropolitan borough " there shall be substituted the words " London borough " and after the word " district" there shall be inserted the words " the Greater London Council ".

THE PUBLIC HEALTH ACT 1961

33In section 2 (3) after the word "district" there shall be inserted the words " the Common Council, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple ",

34Sections 4 to 11 shall not apply to an inner London borough, the City or the Temples.

35In section 20, in its application to Greater London, the reference to a water closet shall include a reference to a urinal.

36Sections 24 to 31 and 33 shall not apply to an inner London borough, the City or the Temples.

37In sections 43 and 44 the references to a local authority shall be construed as including references to the Greater London Council, but as not including references to the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple.

38Any reference in section 45 to a local authority shall in relation to a metropolitan road be construed as a reference to the Greater London Council alone.

39In section 73, in its application to Greater London, any reference to a local authority shall be construed as a reference to the Greater London Council alone.

40In section 81 after the word " meeting" there shall be inserted the words " or by the Greater London Council ",

41In Schedule 1, in paragraph (a) of the amendment of section 33 of the Civil Defence Act 1939, for the words " outside the administrative county of London" there shall be substituted the words " outside Greater London and in the outer London boroughs ",

PART IIProvisions Reproduced from Enactments Relating to Public Health in London

1(1)Without prejudice to sections 259 and 262 of the Public Health Act 1936, but subject to the following provisions of this paragraph, if a local authority consider that in any premises a pond, pool, ditch, gutter or place containing, or used for the collection of, any drainage, filth, stagnant water or other matter is likely to be prejudicial to health or a nuisance, they may by notice require the owner or occupier of the premises to drain, cleanse, cover or fill up the pond, pool, ditch, gutter or place, or to construct a proper drain for the discharge of the matter, or to execute such other works as the circumstances may require.

(2)The local authority may contribute towards the expenses incurred by any person in complying with a notice under this paragraph.

(3)Where any works required by a notice under this paragraph interfere with any right to the use of water, the local authority may, with the agreement of the person in whom the right is vested, acquire from him the right and any land for the benefit of which the right enures instead of compensating him under section 278 of the Public Health Act 1936.

(4)The provisions of Part XII of the Public Health Act 1936 with respect to appeals against, and the enforcement of, notices requiring the execution of works shall apply in relation to any notice given under this paragraph.

2(1)The Greater London Council may make byelaws in relation to the demolition of buildings in the inner London boroughs—

(a)requiring the fixing of fans at the level of each floor of any such building undergoing demolition ;

(b)requiring the hoarding up of windows in any such building from which sashes and glass have been removed;

(c)regulating the demolition of internal parts of buildings before any external walls are taken down ;

(d)requiring the placing of screens or mats, the use of water or the taking of other precautions to prevent nuisances arising from dust;

(e)regulating the hours during which ceilings may be broken down and mortar may be shot, or be allowed to fall, into any lower floor;

(f)requiring any person proposing to demolish any such building to give to the borough council such notice of his intention to do so as may be specified in the byelaws.

(2)Byelaws under this paragraph may make different provision for different cases, and in particular may provide that, in their application to any area specified in the byelaws, the byelaws shall have effect subject to such modifications or exceptions as may be so specified.

(3)No byelaws under this paragraph shall apply to a building (not being a dwelling-house) belonging to any Board carrying on a railway undertaking and used by that Board as a part of, or in connection with that undertaking.

3The Greater London Council shall make byelaws with respect to sanitary conveniences, ashpits, cesspools and receptacles for dung and their accessories, in connection with buildings in the inner London boroughs and the Temples, whether constructed before or after 1st April 1965.

4The Greater London Council shall make byelaws with respect to the construction and use of incinerators for the disposal of refuse in the inner London boroughs, the City and the Temples, being incinerators which are, or are in the nature of, buildings or structures or which form part of a balding or structure.

5It shall be the duty of each local authority to enforce in their district any byelaws under paragraphs 2 to 4 of this Part of this Schedule which are in force in their district

6The council of any London borough and the Common Council may make byelaws with respect to the following operations, except when carried out by a local authority (including the Greater London Council) and except so far as byelaws with respect thereto may be made under section 72 or 82 of the Public Health Act 1936, that is to say—

(a)the removal of refuse from premises in the council's area ;

(b)the conveyance of refuse by rail, road or water from loading points in that area ;

(c)the deposit of refuse in premises in that area pending its removal or disposal.

7Any person who has in his possession or under his control any article of food which is unsound, unwholesome or unfit for human consumption may, by notice to the local authority, specifying and identifying the article, request its removal, and the local authority shall cause it to be removed as if it were trade refuse which they had undertaken to remove under section 73 (1) of the Public Health Act 1936.

8If the local authority are requested so to do by the occupier of any premises in which there is a person suffering from a notifiable disease, they shall provide for the removal and disinfection or destruction of any rubbish which has been exposed to infection from that disease.

9(1)Where it appears to a local authority, being the council of a London borough or the Common Council, that any land within the area of the authority is by reason of its derelict, neglected or unsightly condition detrimental to the amenities of the neighbourhood, the authority may, after serving notice of their proposals on the owner and on the occupier of the land and subject to sub-paragraph (3) of this paragraph, execute such works and do such other things as the authority consider expedient for the purpose of restoring or improving and thereafter preserving the appearance of the land:

Provided that the works and other things which may be required to be executed or done under this paragraph shall not include the erection or maintenance of any building or the doing of anything in or upon any building, but may include the erection or maintenance of a hoarding or fence.

(2)Any person served with a notice under the foregoing sub-paragraph may, if aggrieved by the proposal specified in the notice, appeal to a magistrates' court within the period of twenty-eight days beginning with the date of the service of the notice.

(3)A local authority may proceed with the proposals specified in a notice under sub-paragraph (1) of this paragraph if but only if—

(a)none of the persons on whom the notice was served has, within the said period of twenty-eight days, taken steps to implement the proposals himself or instituted an appeal against the proposals to a magistrates' court; or

(b)any such steps begun to be taken by any such person within that period are not completed within a reasonable time ; or

(c)any appeal instituted within that period has been dismissed or abandoned or failed for want of prosecution.

(4)Any expenses incurred by the local authority in removing any materials from any land in exercise of the powers conferred on them by this paragraph and the cost of selling any materials so removed may be deducted by the authority from the proceeds which they are required by section 276 of the Public Health Act 1936 to pay to the person to whom the materials belonged.

(5)The foregoing provisions of this paragraph shall not be construed as prejudicing the powers exercisable by the Greater London Council under section 69 of the London Building Acts (Amendment) Act 1939, or by the council of an outer London borough under section 27 of the Public Health Act 1961, or by the local planning authority under section 89 of the National Parks and Access to the Countryside Act 1949.

10Without prejudice to paragraph 24 of Part I of this Schedule, expressions used in this Part of this Schedule and the Public Health Act 1936 have the same meanings in this Part of this Schedule as in that Act.

Section 52.

SCHEDULE 12Licensing of Public Entertainments in Greater London on and after 1st April 1965

Music and dancing licences

1(1)Subject to sub-paragraph (6) of this paragraph no premises in Greater London, whether or not licensed for the sale of intoxicating liquor, shall be used for any of the following purposes, that is to say, public dancing or music and any other public entertainment of the like kind, except under and in accordance with the terms of a licence granted under this paragraph by the Greater London Council (hereafter in this Schedule referred to as " the Council").

(2)The Council may grant to any applicant therefor and from time to time renew a licence for the use of any premises specified therein for all or any of the purposes aforesaid on such terms and conditions and subject to such restrictions as may be so specified.

(3)Subject to the next following sub-paragraph and to paragraph 19 (3) of this Schedule, a licence granted under this paragraph shall, unless previously cancelled under paragraph 8 or revoked under paragraph 10 (4) of this Schedule, remain in force for one year or for such shorter period specified in the licence as the Council may think fit.

(4)The Council may grant a licence under this paragraph in respect of such one or more particular occasions only as may be specified in the licence, and a licence granted by virtue of this sub-paragraph is hereafter in this Schedule referred to as an " occasional music licence ".

(5)Where a licence has been granted under this paragraph to any person, the Council may, if they think fit, transfer that licence to any other person on the application of that other person or the holder off the licence.

(6)Sub-paragraph (1) of this paragraph shall not apply to the Theatre Royal Drury Lane, the Royal Covent Garden Opera House, the Theatre Royal Haymarket or the Royal Albert Hall or to any entertainment lawfully held by virtue of letters patent or licence of the Crown or the licence of the lord chamberlain of Her Majesty's household.

2(1)An applicant for the grant or transfer of a licence under paragraph 1 of this Schedule in respect of any premises shall give to the Council and to the commissioner of police in whose district the premises are situated not less than twenty-one days' notice of his intention to make the application and furnish such particulars and give such other notices as the Council may by regulations prescribe.

(2)An applicant for the renewal of a licence under the said paragraph 1 shall give to the Council twenty-eight days' notice of his intention to make the application.

(3)In relation to an application for the grant, renewal or transfer of an occasional music licence, the two foregoing sub-paragraphs shall have effect as if for the reference to twenty-one or, as the case may be, twenty-eight days' notice there were substituted a reference to fourteen days' notice and as if the requirement as to notice to the commissioner of police were omitted.

3The person making an application. for the grant, renewal or transfer of a licence under paragraph 1 of this Schedule shall (except where the licence is for an entertainment which in the opinion of the Council is of an educational or other like character or is given for a charitable or other like purpose) on making the application pay to the Council such fee as the Council may fix not exceeding—

(a)where the application is for the grant or renewal of such a licence for a period of one year, not being an application in respect of such premises as are referred to in sub-paragraph (c) of this paragraph, one pound ;

(b)where the application is for the grant or renewal of such a licence for any period of less than one year, not being an application in respect of such premises as aforesaid, five shillings for every month or part of a month, so, however, that the aggregate of the fees payable in respect of the same year and the same premises shall not exceed one pound;

(c)where the application is in respect of premises for which a licence is for the time being in force under the Cinematograph Act 1909, five shillings for every month or part of a month, so, however, that the aggregate of the fees payable in respect of any licence in respect of those premises under the said paragraph 1 shall not in respect of any one year exceed ten shillings;

(d)where the application is for the transfer of a licence under the said paragraph 1, five shillings.

Boxing and wrestling licences

4(1)This paragraph shall apply to any boxing or wrestling entertainment (that is to say, any public contest, exhibition or display of boxing or, as the case may be, wrestling) which is provided in Greater London other than such an entertainment provided—

(a)by a travelling showman at a pleasure fair ;

(b)at the Royal Albert Hall;

(c)by members of the Boy Scouts' Association or of any organisation constituted by the Boy Scouts' Association in pursuance of their charter ;

(d)by any school; or

(e)by a bona fide association, club, hospital or society not carried on for profit.

(2)A boxing or wrestling entertainment to which this paragraph applies shall not be given elsewhere than at premises licensed for the purpose in accordance with the provisions of this paragraph and in accordance with the terms of that licence.

(3)The Council may grant to any applicant therefor and from time to time renew a licence to use any premises specified therein for the purpose of a boxing or wrestling entertainment on such terms and conditions and subject to such restrictions as may be so specified.

(4)Subject to the next following sub-paragraph and to paragraph 19 (3) of this Schedule, a licence granted under this paragraph shall, unless previously cancelled under paragraph 8 or revoked under paragraph 10 (4) of this Schedule, remain in force for one year or for such shorter period specified in the licence as the Council may think fit.

(5)The Council may grant a licence under this paragraph in respect of such one or more particular occasions only as may be specified in the licence, and a licence granted by virtue of this sub-paragraph is hereafter in this Schedule referred to as an " occasional sports licence ".

(6)Where a licence has been granted under this paragraph to any person, the Council may if they think fit transfer that licence to any other person on the application of that other person or the holder of the licence.

5(1)An applicant for the grant, renewal or transfer of a licence under paragraph 4 of this Schedule other than an occasional sports licence shall give to the Council and to the commissioner of police in whose district the premises to which the application relates are situated not less than twenty-one days' notice of his intention to make the application.

(2)An applicant for the grant, renewal or transfer of an occasional sports licence shall give to the Council not less than fourteen days' notice of his intention to make the application.

6The person making an application for the grant, renewal or transfer of a licence under paragraph 4 of this Schedule shall on making the application pay to the Council such fee as the Council may fix not exceeding—

(a)where the application is for the grant or renewal of a licence for a period of one year, two pounds ;

(b)where the application is for the grant or renewal of a licence (not being an occasional sports licence) for a period of less than one year, ten shillings for every month or part of a month, so, however, that the aggregate of the fees payable in respect of the same year and the same premises shall not exceed fifty shillings ;

(c)where the application is for the grant or renewal of an occasional sports licence, ten shillings;

(d)where the application is for the transfer of a licence, five shillings.

Transmission and cancellation of licences

7In the event of the death of the holder of a licence granted under paragraph 1 or 4 of this Schedule, then, until a legal personal representative of the deceased holder has been duly constituted, the person carrying on at the premises in respect of which the licence was granted the functions to which the licence relates shall be deemed to be the holder of the licence unless and until it is transferred to some other person.

8The Council upon receiving from the holder of a licence under paragraph 1 or 4 of this Schedule which is for the time being in force a written request in that behalf accompanied by the licence may cancel the licence.

Power to impose general terms, conditions and restrictions by regulations

9(1)Subject to the provisions of this Schedule, the Council may make regulations prescribing generally the terms, conditions and restrictions on and subject to which licences under paragraph 1 or 4 of this Schedule may be granted, renewed or transferred and, where any such regulations are made, then, without prejudice to the power of the Council to grant a licence on any special terms or conditions or subject to any special restrictions, every such licence shall be deemed to be granted subject to the regulations.

(2)Prima facie evidence of any regulations under this paragraph may be given in any legal proceedings by the production of a copy purporting to be certified as a true copy by the clerk to the Council or some other officer of the Council authorised to give a certificate for the purposes of this paragraph, and no proof shall be required of the handwriting or official position or authority of any person giving such a certificate.

Enforcement of paragraphs I to 9

10(1)If at any premises any entertainment in respect of which a licence is required under paragraph 1 or 4 of this Schedule is provided without such a licence being held in respect thereof, then—

(a)any person concerned in the organisation or management of that entertainment; and

(b)any other person who, knowing or having reasonable cause to suspect that such an entertainment would be so provided at those premises—

(i)allowed the premises to be used for the provision of that entertainment; or

(ii)let the premises, or otherwise made the premises available, to any person by whom an offence in connection with the entertainment has been committed,

shall be guilty of an offence.

(2)If any premises in respect of which a licence under the said paragraph 1 or 4 is in force are used for any entertainment otherwise than in accordance with the terms, conditions or restrictions on or subject to which the licence is held, then, subject to paragraph 11 of this Schedule—

(a)the holder of the licence ; and

(b)any other person who, knowing or having reasonable cause to suspect that the premises would be so used—

(i)allowed the premises to be so used ; or

(ii)let the premises, or otherwise made the premises available, to any person by whom an offence in connection with that use of the premises has been committed,

shall be guilty of an offence,

(3)Any person guilty of an offence under sub-paragraph (1) or (2) of this paragraph shall be liable on summary conviction to a fine not exceeding two hundred pounds or to imprisonment for a term not exceeding three months or to both.

(4)If the holder of a licence under the said paragraph 1 or 4 is convicted by virtue of sub-paragraph (2) (a) of this paragraph, then, subject to paragraph 19 of this Schedule, the Council may revoke the licence.

11Where, in the case of any premises in respect of which a licence under paragraph 1 of this Schedule is for the time being in force, a special order of exemption on any special occasion has been granted in respect of those premises under section 107 of the Licensing Act 1953, no person shall be guilty of an offence under paragraph 10 (2) of this Schedule by reason only of those premises being kept open on that special occasion for any of the purposes authorised by the licence after the latest hour so authorised but not later than the hour specified in that special order as the hour for closing.

12(1)A police constable or any person appointed for the purpose by the Council may at all reasonable times enter any premises in respect of which a licence under paragraph 1 or 4 of this Schedule is for the time being in force at which he has reason to believe that an entertainment to which either of those paragraphs applies is being or is about to be given with a view to seeing whether the provisions of this Schedule applicable to that entertainment and the terms, conditions or restrictions on or subject to which the licence is held are complied with.

(2)A police constable or any person appointed as aforesaid may, if authorised in that behalf by a warrant granted by a justice of the peace, enter any premises in respect of which he has reason to suspect that an offence under this Schedule is being committed.

(3)Any person who refuses to permit any such constable or person to enter or inspect any premises in accordance with the provisions of this paragraph shall for every such refusal be liable on summary conviction to a fine not exceeding twenty pounds.

Modifications of Theatres Act 1843

13References in the Theatres Act 1843 to having or keeping premises for the public performance of stage plays shall, in their application to premises which, by virtue of section 52 (1) of this Act, are for the purposes of that Act under the control of the Council, extend to and be deemed to include references to the using of premises whether on one occasion or on more than one occasion for the public performance of any stage play, and the expressions " have or keep " and " kept open " Wherever occurring in that Act shall be construed accordingly.

14Except in any case in which the Council otherwise require, so much of section 7 of the said Act of 1843 as provides that the actual and responsible manager for the time being of a theatre in respect of which a licence is granted under that Act and two sureties shall become bound in penal sums for the purposes mentioned in that section shall not have effect as respects licences granted by the Council under that Act.

15In relation to a licence under the said Act of 1843 falling to be granted by the Council, paragraph 9 of this Schedule shall have effect as if for the reference to paragraph 1 or 4 of this Schedule there were substituted a reference to the said Act of 1843, and section 9 of that Act shall not apply.

16(1)If the licensee of a theatre licensed by the Council under the said Act of 1843 uses or allows it to be used in contravention of the provisions of that Act or of any term, condition or restriction upon or subject to which the licence is held, he shall be liable on summary conviction to a fine not exceeding fifty pounds.

(2)Subject to paragraph 19 of this Schedule, on the conviction of such a licensee as aforesaid under the foregoing sub-paragraph, the Council may revoke the licence.

Provisional grant of licences

17(1)Where application is made to the Council for the grant of a licence under the Theatres Act 1843, the Cinematograph Act 1909 or paragraph 1 or 4 of this Schedule in respect of premises which are to be, or are in the course of being, constructed, extended or altered and the Council are satisfied that the premises would, if completed in accordance with plans deposited in accordance with the requirements of the Council, be such that the Council would grant the licence, the Council may grant the licence subject to a condition that it shall be of no effect until confirmed by the Council.

(2)The Council shall confirm any licence granted by virtue of the foregoing sub-paragraph if and when they are satisfied that the premises have been completed in accordance with the plans aforesaid, or in accordance with those plans as modified with the approval of the Council, and that the licence is held by a fit and proper person.

Variation of licences

18The holder of a licence in respect of any premises—

(a)granted under paragraph 1 or 4 of this Schedule or,

(b)granted by the Council under the Theatres Act 1843 or the Cinematograph Act 1909.

may at any time apply to the Council for such variations of the terms, conditions or restrictions on or subject to which the licence is held as may be specified in the application ; and, subject to paragraph 19 of this Schedule, on any such application the Council may make such variations in any of those terms, conditions or restrictions, whether or not those specified in the application, as they think appropriate or may refuse the application.

Appeals

19(1)Any of the following persons, that is to say—

(a)an applicant for—

(i)the grant, renewal or transfer of a licence in respect of any premises under paragraph 1 or 4 of this Schedule ; or

(ii)the grant of a licence in respect of any premises by the Council under the Theatres Act 1843 ; or

(iii)the variation of the terms, conditions or restrictions on or subject to which any such licence as aforesaid is held,

whose application is refused ;

(b)the holder of any such licence as aforesaid whose licence is revoked by the Council or who is aggrieved by any term, condition or restriction on or subject to which the licence is held,

may at any time before the expiration of the period of twenty-one days beginning with the date when he is notified of the refusal of his application or revocation of his licence, or when the term, condition or restriction becomes operative with respect to his licence, as the case may be, appeal to a magistrates' court acting for the petty sessions area in which the premises are situated ; and the court may make such order as it thinks fit and, subject to the next following sub-paragraph, that order shall be binding on the Council.

(2)Any person aggrieved by the order of a magistrates' court on an appeal under the foregoing sub-paragraph may appeal therefrom to a court of quarter sessions.

(3)Where any such licence as aforesaid is revoked under paragraph 10 (4) or 16 (2) of this Schedule or an application for the renewal of a licence under the said paragraph 1 or 4 is refused, the licence shall be deemed to remain in force—

(a)during any period within which an appeal under this paragraph may be brought and, if such an appeal is brought within the relevant period, until the determination or abandonment of the appeal; and

(b)where such an appeal relating to such a refusal as aforesaid is successful and no further such appeal is available, until the licence is renewed by the Council.

(4)In the case of an appeal in relation to an application of which, in accordance with paragraph 2 (1) or 5 (1) of this Schedule, notice was required to be given to a commissioner of police, notice of that appeal shall be given to that commissioner as well as to any other person to whom it is required to be given apart from this sub-paragraph.

(5)Section 6 of the Cinematograph Act 1952 shall apply in relation to any person aggrieved—

(a)by the refusal of an application in respect of a licence under the Cinematograph Act 1909 made under paragraph 18 of this Schedule; or

(b)by any term, condition or restriction substituted under that paragraph for any term, condition or restriction on or subject to which that licence was previously held,

as it applies in relation to a person aggrieved as mentioned in subsection (1) of that section.

Interpretation

20In this Schedule, the expression " premises " includes any place.

Section 54.

SCHEDULE 13Modifications as from 1st April 1965 of Enactments Relating to Food, Drugs, Markets and Animals

PART IThe Diseases of Animals Act 1950

1In section 59 (2)—

(a)in paragraph (a), for the words " borough not being (i)" there shall be substituted the words " London borough and as respects any other borough except ";

(b)in paragraph (a), the words " or (ii) a metropolitan borough " shall be omitted ;

(c)in the proviso, for the words " county of London " there shall be substituted the words " whole of Greater London ",

PART IIThe Food and Drugs Act 1955

2In section 83 (1) (b), for the words " metropolitan borough " there shall be substituted the words " London borough ",

3In section 135 (1), in the definition of " district", for the words " or any local authority in London " there shall be substituted the words " the City of London or the Inner or Middle Temple ",

4For section 137 (3) there shall be substituted—

“(3)Part III of this Act shall not extend to the City of London, the Inner Temple or the Middle Temple.”

5In Schedule 6, in column 1, for the words " County councils and county borough councils " there shall be substituted the words " Councils of counties, county boroughs and London boroughs and the Common Council of the City of London. "

PART IIIThe Slaughter of Animals Act 1958

6In section 10, for the definition of " local authority" there shall be substituted—

• “' local authority ' means the council of a borough, or of an urban or rural district or the Common Council of the City of London”.

Section 62.

SCHEDULE 14Functions as from 1st April 1965 with respect to Land Drainage, Flood Prevention, etc.

1Subject to the following provisions of this Schedule, the functions exercisable by the council of a county borough under the Land Drainage Act 1930 and the Land Drainage Act 1961 (hereafter in this Schedule respectively referred to as " the Act of 1930 " and " the Act of 1961 ") shall be exercisable as respects a London borough by the council of the borough and as respects the City by the Common Council, and accordingly references in those Acts to a county borough and the council thereof shall, without prejudice to paragraphs 2 and 4 of this Schedule, be construed as including references respectively to a London borough and the council thereof and the City and the Common Council.

2Subject as aforesaid, the functions exercisable by the council of a county borough under or by virtue of Part V and section 51 of the Act of 1930 and sections 28 and 34 of the Act of 1961 shall also be exercisable as respects the metropolitan watercourses by the Greater London Council, and accordingly references in those provisions to a county borough and the council thereof shall, in their application to the metropolitan watercourses, be construed as including references respectively to Greater London and the Greater London Council.

3The functions exercisable under the Acts of 1930 and 1961 by the council of a London borough or county district or by the Common Council shall, so far as concerns the main metropolitan watercourses, including the banks thereof and drainage works in connection therewith, be exercisable solely by the Greater London Council; and, without prejudice to the foregoing restriction, any provision of the Acts of 1930 and 1961 which precludes or restricts the exercise by a county borough council of any functions with respect to a main river shall apply to the exercise by the council of a London borough or county district or the Common Council of any functions with respect to a main metropolitan watercourse.

4References to a county borough and the council thereof in section 4(2), 6(4) and 54 of, and paragraph 1 of Part I of Schedule 2 to, the Act of 1930 and in section 17 of the Act of 1961 shall be construed as including references respectively to Greater London and the Greater London Council.

5Section 78 of the Land Drainage Act 1930 shall cease to have effect, but sections 10, 17 to 19 and 50(1)(a) and (4) of that Act shall not apply in relation to the metropolitan watercourses.

6The foregoing provisions of this Schedule shall not be construed as applying to any river board area or river authority area a provision of the Act of 1930 which is excluded by paragraph 2 of Schedule 3 to the River Boards Act 1948, or any corresponding provision of the Water Resources Act 1963.

7Subject to the provisions of paragraph 16 of this Schedule and to any provision made by an order under section 84 or 87 of this Act—

(a)the functions of the council of any county or county borough under the local enactments relating to the metropolitan watercourses shall instead of being exercisable by that council be exercisable by the Greater London Council, and references in any such enactment to any such council shall be construed accordingly ;

(b)the local enactments relating to so much of the tidal Thames as lies within the existing county of London shall apply to the whole of the tidal Thames (as described in the Table in paragraph 15(1) of this Schedule), and in those enactments references to, or which are to be taken as references to, the county of London shall be construed as references to the London excluded area ;

(c)no functions relating to land drainage, flood prevention and the like matters shall (subject to paragraph 16 of this Schedule) be exercisable with respect to the tidal Thames by any authority under any local statutory provisions other than the enactments mentioned in sub-paragraph (b) of this paragraph or by virtue only of section 83(3) of the Act of 1930.

8Subject to the provisions of section 21 of the Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 and to any provision made by an order under section 84 or 87 of this Act, the power of the Greater London Council under the said Act of 1879 and the other enactments relating to the tidal Thames to approve, require the execution of and execute flood works for the protection of land from flooding by the river Thames in the London excluded area shall be exercisable by them for the protection of land from flooding by such of the river's associated watercourses as lie within the flow and re-flow of its tides in the Lee catchment area.

9The River Boards Act 1948 shall have effect subject to the following modifications:—

(a)until the repeal of that Act by the Water Resources Act 1963 takes effect, any reference to a county borough, whether as such or as a local authority, shall be construed as including a reference to a London borough council and the Common Council;

(b)in section 9 (5) (so far as applicable by virtue of section 9 (10) to the Conservators of the River Thames and the Lee Conservancy Catchment Board), the reference to local authorities shall, without prejudice to the foregoing sub-paragraph, be construed as including a reference to the Greater London Council, London borough councils and the Common Council.

10In the Water Resources Act 1963, subject to any provision made by an order under section 84 of this Act—

(a)references to a county borough and the council thereof shall be construed as including references respectively to a London borough and the council thereof and the City and the Common Council;

(b)without prejudice to the foregoing sub-paragraph, references to local authorities shall be construed as including references to the Greater London Council, London borough councils and the Common Council;

and the transitional, incidental, supplementary and consequential provisions which may be included in an order under that Act altering the area of a river authority, or designating a new area and establishing a new river authority therefor, or conferring functions on the Conservators of the River Thames or the Lee Conservancy Catchment Board (being an order affecting Greater London or any part thereof) shall include provisions repealing or amending any of the provisions of this Schedule.

11The expenses incurred by the Greater London Council in the discharge of the functions conferred on them by virtue of this Schedule shall be chargeable on the London boroughs falling wholly or partly within the London excluded area and on the City and the Temples, and where part only of a London borough falls within that area those expenses shall be chargeable only on that part of the borough.

12The expenses so incurred shall be expenses for special London purposes.

13Where any expenses incurred by the Greater London Council in the discharge of their said functions are by virtue of paragraph 11 of this Schedule chargeable on part of a London borough, any payments made by the council of that borough for meeting precepts for defraying expenses incurred by some other body of persons in the discharge of the like functions with respect to another part of the borough shall be chargeable only on that other part of the borough or such part thereof as the council of that borough shall determine under section 23 of the Act of 1930 (whether as originally enacted or as applied by any other enactment).

14Paragraphs 11 to 13 of this Schedule shall have effect subject to section 67 of this Act.

15(1)Subject to the provisions of any order under the next following sub-paragraph, in this Schedule—

• " the metropolitan watercourses " means the watercourses described in column 1 of the following Table ;

• " the main metropolitan watercourses " means the tidal Thames and the watercourses mentioned by name in paragraphs 2 to 4 of that Table ;

• " the tidal Thames " means the watercourses described in paragraph 1 of that Table ;

• " local enactment " means, in relation to any watercourse, the enactments specified in relation thereto in column 2 of that Table:

  TABLE

  1. So much of the river Thames as lies within the London excluded area, including all its associated watercourses within the flow and re-flow of its tides in that area.	The Thames River (Prevention of Floods) Acts 1879 to 1962 and section 14 of the London County Council (General Powers) Act 1932.
  2. The river Ravensbourne, the Chaffinch Brook, the Beck River, the Pool River, the Quaggy River, the Kid Brook, the Kyd Brook and the Lower Kid Brook, and their associated watercourses.	The River Ravensbourne, &c. (Improvement and Flood Prevention) Act 1961.
  3. The Beverley Brook, the river Graveney, the Pyl Brook and the river Wandle, and their associated watercourses.	Part II of the Surrey County Council Act 1925, section 15 of the Surrey County Council Act 1931, Part II of the Surrey County Council Act 1936 and the London and Surrey (River Wandle and River Graveney) (Jurisdiction) Act 1960.
  4. The river Brent, the river Crane and the Duke of Northumberland's river, and their associated watercourses.	Part V of the Middlesex County Council Act 1944.

(2)The Minister of Agriculture, Fisheries and Food may, after consultation with the Greater London Council and the council of any London borough or county district appearing to him to be affected, by order provide that—

(a)the whole or any part of a watercourse within the London excluded area shall become a metropolitan watercourse ; or

(b)the whole or any part of a watercourse other than the tidal Thames shall cease to be a metropolitan watercourse ; or

(c)the whole or any part of a metropolitan watercourse shall become or cease to be a main metropolitan watercourse.

(3)In this Schedule—

• " associated watercourse " in relation to any river means a tributary or other watercourse the water from which ultimately flows into, or which is directly or indirectly connected with, that river ;

• " banks " has the same meaning as in the Land Drainage Act 1930;

• " flood works ", in relation to the tidal Thames, has the same meaning as in the local enactments relating thereto ;

• " London excluded area " means so much of Greater London, and of any area adjoining Greater London, as does not lie within the Thames catchment area, the Lee catchment area or the area of any river board or river authority ;

• " public sewer " has the same meaning as in the Public Health Act 1936 ;

• " watercourse " includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows, except that it does not include so much of any public sewer as lies outside the flow and re-flow of the tides ;

and any reference in this Schedule to a particular river does not include a reference to so much of the river as is a public sewer and lies outside the flow and re-flow of the tides, and any mention of a particular river shall not be construed as prejudicing the meaning of the expression " associated watercourse ".

16Paragraph 7(a) and (b) of this Schedule and so much of paragraph 15 thereof as relates to the said paragraph 7(a) and (b) shall not be construed as extending or restricting the application of any of the local enactments relating to the tidal Thames to property for the time being held for the purposes of their undertaking by the Port of London Authority or as extending or restricting the functions of that Authority ; and the other provisions of this Schedule shall not apply to any property for the time being so held or affect any functions of that Authority.

Sections 44 and 63.

SCHEDULE 15Modifications as from 1st April 1965 of Rating and Valuation Enactments

PART IThe Rating and Valuation Act 1925

1For section 1 (1) there shall be substituted—

“(1)The council of every county borough, London borough and county district shall be the rating authority for the borough or district, and the rating authority—

(a)for the City of London shall be the Common Council; and

(b)for the Inner Temple and the Middle Temple shall be the Sub-Treasurer and the Under-Treasurer thereof respectively,

and no authority or person other than the rating authority shall have power to make or levy any rate within any rating area.”

2(1)The provisions of section 2 other than subsections (4) and (7) shall not apply to the City or the Temples.

(2)In section 2 (6), after the words "rating authority" there shall be inserted the words " in the case of the council of a London borough as part of the general rate and in any other case ",

3(1)Section 4 (1) shall not apply to the City.

(2)At the end of section 4 (4) there shall be added—

“Provided that, in relation to any rate to which section 177 of the City of London Sewers Act 1848 (which relates to the rating of empty houses in the City of London) applies, this subsection shall have effect subject to the provisions of the said section 177, and any amount in respect of any such rate which any person is required by that section to pay or allow in respect of any period during which a hereditament is unoccupied shall be allowed to the rating authority in computing any sum which that person is entitled to recover from the authority in respect of that hereditament under this subsection.”

4Sections 6, 7 and 8 shall not apply to the City.

5(1)Section 9 (1) shall not apply to Greater London.

(2)Section 9 (2) to (5) shall apply in relation to Greater London as if the Greater London Council were the council of a county.

(3)In the application of section 9 (2) (b) to the City, for references to the general rate there shall be substituted references to the poor rate.

(4)Section 9 (3) shall apply to Greater London as if for the reference to the commencement of the said Act of 1925 there were substituted a reference to 31st March 1965.

6Section 10 (1) and (2) shall not apply to the City or the Temples.

7In the application of section 11 to the Temples, for any reference to a resolution of the rating authority there shall be substituted a reference to an order of the rating authority.

8Section 12 shall not apply to the Temples.

9In the application of section 21 (1) to Greater London, the words " or other area which is liable to be charged separately in respect of any expenses " (being words inserted by paragraph 1 of Schedule 4 to the Rating and Valuation Act 1961) shall be omitted.

10Section 54 (1) shall not apply to the City or the Temples, but—

(a)the accounts of the Common Council so far as they relate to the poor rate levied in the City ; and

(b)the accounts of the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple so far as they relate to any rate in the nature of a general rate levied in the Inner Temple or the Middle Temple, as the case may be,

shall be subject to audit by a district auditor under Part X of the Local Government Act 1933.

11In section 64, paragraphs (b) to (e) of subsection (1), the proviso to subsection (1), and subsection (2) shall not apply to an inner London borough, the City or the Temples.

12In section 68 (1), in the definition of "urban rating area", for the words " or an urban district" there shall be substituted the words " non-county borough or urban district or a rating area in Greater London ",

13In section 68, at the end there shall be added—

“(5)Subsection (4) of this section shall not apply to Greater London, but any reference to a parish in this or any other Act, whether passed before or after this Act, shall, unless the contrary intention appears, be construed in relation to Greater London as a reference to a rating area and, in the case of an enactment relating to rating or valuation, as including a reference to any part of a rating area which is subject (otherwise than in respect of a garden or square or by reason of any provision of the City of London (Tithes and Rates) Act 1910 or the City of London (Tithes) Act 1947) to separate or differential rating.”

PART II

Modifications of Act of 1925 and other enactments

14Without prejudice to any modification having effect by virtue of Part I or Part III of this Schedule, any reference to a general rate in any enactment relating to rating and valuation, including the Rating and Valuation Act 1925, shall, in relation to the City, include a reference to a poor rate and, in relation to the Temples, be construed as a reference to any rate in the nature of a general rate levied in the Inner Temple or the Middle Temple, as the case may be.

15(1)Without prejudice to the operation of any other enactment relating to the recovery of rates, where—

(a)any hereditament in a rating area in Greater London is occupied upon terms which provide that the owner shall pay the general rate charged on that hereditament; and

(b)the occupier of the hereditament would in any proceedings against him by the rating authority to enforce payment of that rate be entitled to claim diplomatic immunity,

the owner shall be liable to pay to the rating authority an amount equal to so much of any payment in respect of rent received by him from the occupier as represents the proportion of rate included in that payment, and that amount may be recovered from the owner in the same manner and subject to the same conditions as rates recoverable from the occupiers of rated hereditaments.

(2)In this paragraph—

(a)the expression " diplomatic immunity" means immunity from suit and legal process which is accorded by law to an envoy or other public minister of a foreign sovereign power accredited to Her Majesty, or to the family or official or domestic staff of such an envoy or minister or to the families of .any such staff, and includes any like immunity and any exemption or relief from rates which is conferred on any person or organisation by or under the International Organisations (Immunities and Privileges) Act 1950 or the Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act 1952 ;

(b)(the expression " owner" in relation to a hereditament 'includes any person who receives any rent of the hereditament whether on his own account or as agent or trustee for another person.

PART III

Modifications of enactments other than Act of 1925

16Section 177 of the City of London Sewers Act 1848 shall not apply to any hereditament in the City so long as an undertaking in respect of that hereditament is in force under section 11 (2) (a) of the Rating and Valuation Act 1925.

17Sections 10 and 12 of the London Government Act 1899 and any scheme under the said section 10 shall cease to have effect.

18In section 117 (8) of the Local Government Act 1929, for the words from "county borough" onwards there shall be substituted the words " rating area in which that parish or other area is situated, to be credited to that parish or other area ",

19(1)Section 45 of the Local Government Act 1948 shall apply in relation to Greater London as if Greater London were a county and the Greater London Council were the council of that county, and shall have effect subject to the following provisions of this paragraph.

(2)It shall be the duty of the Greater London Council and of the council of each of the counties of Essex, Hertfordshire, Kent and Surrey to make and submit to the Minister not later than 30th June 1966 a scheme for the constitution of one or more local valuation panels for the area of, or for areas which together comprise the whole of, Greater London or, as the case may be, the county review area of that county ; and any such scheme shall be treated for all purposes as having been made and submitted to the Minister under subsection (1) of the said section 45.

(3)Any such scheme approved by the Minister under subsection (3) of the said section 45 shall not come into operation until 1st April 1967.

(4)Any scheme under the said section 45 for the constitution of local valuation panels for an area abolished or altered by this Act, being a scheme in force immediately before 1st April 1965, shall, notwithstanding the abolition or alteration of that area, but subject to subsection (5) of that section, continue in force until 1st April 1967 and then expire.

(5)Any vacancy occurring before 1st April 1967 in the membership of a local valuation panel constituted under a scheme continued in force by the last foregoing sub-paragraph shall—

(a)if the area for which the panel is constituted falls wholly within Greater London, be filled by a person appointed by the Greater London Council;

(b)if the said area falls wholly within the county review area of one of the said counties aforesaid, be filled by a person appointed by the council of that county ;

(c)in any other case, be filled by a person appointed jointly by those of the said councils within whose areas or county review areas any .part of the area for which the panel is constituted falls.

20Section 69 of the said Act of 1948 shall have effect as if the Greater London Council were a county council.

21In section 144 (1) of the said Act of 1948, in the definition of " local authority ", for the words " metropolitan borough " there shall be substituted the words " London borough ",

22In section 13 (2) of the Rating and Valuation Act 1961, for the words " metropolitan borough " there shall be substituted the words " London borough ",

and after the words " parish meeting " there shall be inserted the words " the Greater London Council ",

23In section 18(2)(d) of the said Act of 1961, after the words " each county borough" there shall be inserted the words " to each rating area in Greater London ",

and after the word " borough " in the second and third places where it occurs there shall be inserted the words " rating area ",

24In the application of section 22 (3) of the said Act of 1961 to Greater London, the definition of " parish " shall be omitted.

25In section 24 (4) of the said Act of 1961, after the word " counties " there shall be inserted the words " the Greater London Council, the councils of London boroughs ",

26In Schedule 4 to the Licensing Act 1961, in paragraph 2 (5) (a), for the words " urban parish " there shall be substituted the words " urban rating area within the meaning of the Rating and Valuation Act 1925 ",

Section 70.

SCHEDULE 16Determination of Additional Rate Burden

1There shall be determined—

(a)the amount in the pound for which the county council would have to precept for the year 1964-65 in order to cover the net expenditure of that council for general county purposes ;

(b)the amount in the pound for which that council would have had to precept for that year in order to cover that expenditure if the changes taking place under this Act on 1st April 1965 had taken place on 1st April 1964.

2If the amount determined under paragraph 1 (b) of this Schedule exceeds that determined under paragraph 1 (a) thereof, there shall be calculated the amount representing the estimated penny rate product for the county for the year 1965-66 multiplied by the number of pence in that excess.

3(1)Subject to sub-paragraph (2) of this paragraph, there shall be determined as respects each rating area or part of a rating area in the county council's county review area—

(a)the amount in the pound for which the county council would have to precept in the year 1964-65 in order to cover the net expenditure of that council for special county purposes chargeable on that rating area or part;

(b)the amount in the pound for which that council would have had to precept in that year in order to cover that expenditure if the changes taking place under this Act on 1st April 1965 had taken place on 1st April 1964.

(2)In relation to—

(a)the Hertfordshire county council and the urban district of Potters Bar; and

(b)the Surrey county council and the urban districts of Staines and Sunbury-on-Thames,

for the purposes of the determination under paragraph (a) of the foregoing sub-paragraph, references in that paragraph to the county council shall be construed as references to the Middlesex county council and there shall be left out of account any expenditure to which section 93 (1) of the Middlesex County Council Act 1944 applies.

4If in the case of any rating area or part of a rating area the amount determined under paragraph 3 (1) (b) of this Schedule exceeds that determined under paragraph 3 (1) (a) thereof, there shall be calculated the amount representing the estimated penny rate product for the year 1965-66 for that rating area or part multiplied by the number of pence in that excess.

5The amount, if any, of the additional rate burden of the county consequential on this Act shall be determined by adding together the amounts, if any, calculated under paragraphs 2 and 4 of this Schedule for the county and for each respectively of the rating areas or parts of rating areas within the county council's county review area.

6The Minister may make regulations, which shall be subject to annulment in pursuance of a resolution of either House of Parliament—

(a)as to the manner in which, the assumptions on which, and the person by whom, any amount is to be determined under this Schedule ;

(b)requiring the county council and any rating authority concerned to furnish the person aforesaid with such information or estimates as he may reasonably require ;

(c)requiring the person aforesaid to consider any representations as to the determination of any amount which may be made to him by the county council or any such rating authority or by the Greater London Council or any rating authority in Greater London ;

(d)as to the manner in which any payment by the Greater London Council under section 70 (1) of this Act is made;

and any such regulations may contain such provisions as appear to the Minister to be necessary or expedient for the purposes of the said section 70 and this Schedule in consequence of any changes in the area, status or functions of local authorities or generally for the purpose of giving effect to the said section 70 and this Schedule.

7Section 144 (3) and (4) of the Local Government Act 1948 shall have effect for the purposes of the said section 70 and this Schedule as they have effect for the purposes of that Act.

Section 83.

SCHEDULE 17Miscellaneous Modifications of Enactments as from 1st April 1965

1In the Highways and Locomotives (Amendment) Act 1878, in section 26, for the words from the beginning to " and " where first occurring there shall be substituted the words " The council of a county or county borough may, with respect to all or any of the highways in their county or borough, and the Greater London Council, the council of a London borough or the Common Council of the City of London may, with respect to all or any of the highways for which they are the highway authority, make and ",

2The Local Government Act 1888 shall have effect subject to the following modifications, that is to say—

(a)section 20 (3) shall apply—

(i)to the Greater London Council and Greater London ; and

(ii)to the council of a London borough and their borough; and

(iii)to the Common Council and the City,

as it applies to a county council and their county ; and any sums received by the Greater London Council by virtue of an Order under section 20 (3) by way of the proceeds of local taxation licence duties shall be applicable to general London purposes;

(b)any powers, duties or liabilities within the City which immediately before 1st April 1965 were by virtue of section 41 (1) (b) powers, duties or liabilities of the London county council shall become powers, duties or liabilities of the Common Council.

3In the Telegraph Act 1892, in section 5 (2)—

(a)for the words " London of the county council" there shall be substituted the words " Greater London of the Greater London Council ";

(b)for the word " London" in the second place where it occurs there shall be substituted the words " Greater London "; and

(c)after the words " which the" there shall be inserted the words " Greater London Council ",

4In the Canals Protection (London) Act 1898, in section 7, for the words " the administrative county of London " there shall be substituted the words " Greater London ",

5In the Alkali, &c. Works Regulation Act 1906, in section 27 (1), at the end of the definition of " sanitary authority " there shall be added the words " other than the Greater London Council ",

6In the Local Government Act 1929, in section 115 (7)—

(a)for the words "the county of London" there shall be substituted the words " Greater London ";

(b)for the words "metropolitan borough" in both places where they occur there shall be substituted the words " London borough ",

7In the London Passenger Transport Act 1933, in section 107 (1), in the definition of "Special Area" for the words from "so" onwards there shall be substituted the words " the London special area as defined by section 252 (1) of the Road Traffic Act 1960 ",

8For the purposes of section 1 (1) (a) of the Acquisition of Land (Authorisation Procedure) Act 1946 this Act shall be deemed to be an enactment in force immediately before the commencement of that Act.

9In the Civic Restaurants Act 1947—

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

“(a)in Greater London, the council of a London borough or the Common Council of the City of London ; " (b) in section 4 (3), for the words " metropolitan borough" there shall be substituted the words " London borough ",”

10In section 1 (1) of the Prevention of Damage by Pests Act 1949—

(a)for the words " metropolitan boroughs " there shall be substituted the words " London boroughs ";

(b)in paragraph (b) of the proviso, after the word "county" there shall be inserted the words " or in the Greater London Council ",

11In the Rag Flock and Other Filling Materials Act 1951, in section 35, for the definition of " local authority" there shall be substituted the following—

• “' local authority ' means the council of a borough or of an urban or rural district or the Common Council of the City of London”.

12In any part of Greater London which is an excluded area within the meaning of the Rivers (Prevention of Pollution) Acts 1951 to 1961 and which does not fall within the Thames catchment area or the Lee catchment area, the functions of the Greater London Council shall include the enforcement of those Acts.

13In the Local Government (Miscellaneous Provisions) Act 1953—

(a)in section 2 (2) (a), after the word " borough " there shall be inserted the words " or London borough, or the Common Council of the City of London ";

(b)in section 2 (2) (c), for the words from " metropolitan " to " London " there shall be substituted the words " county district ",

14In the Licensing Act 1953—

(a)any reference to the administrative county of London shall be construed as a reference to the area which immediately before 1st April 1965 was comprised in that county ;

(b)in paragraph 11 (c) of Schedule 7, for the words " appointed by the London County Council" there shall be substituted the words " appointed one each by the councils of the inner London boroughs ";

(c)in paragraph 11 (d) of Schedule 7, for the words from " appointed " (in the second place where that word occurs) onwards there shall be substituted the words " appointed by the Common Council of the City of London ";

(d)in paragraph 12 of Schedule 7—

(i)for the words " the London County Council" there shall be substituted the words " the councils of the inner London boroughs ";

(ii)after the word " specify " there shall be inserted the words " and, in the case of the members referred to in the said sub-paragraph (c), any such order may make provision for that lower number of those members to be appointed by the councils aforesaid in such manner as the order may specify ",

15In the Auxiliary Forces Act 1953, in paragraph 1 (f) of Schedule 1—

(a)sub-paragraph (i) from " including " onwards and sub-paragraph (ii) from " or, if " onwards shall be omitted ;

(b)after sub-paragraph (v) there shall be inserted—

“(vi)if that area consists of or comprises the whole or any part of Greater London, a London borough or the City of London, of representatives of the Greater London Council and of the council of that borough or the Common Council, as the case may be, and, if that area consists of or comprises the whole or any part of the Inner London Education Area, of a representative of the Inner London Education Authority in addition to representatives of the Greater London Council.”

16In the Housing Repairs and Rents Act 1954, in section 33 (1) (a) for the words " metropolitan borough " there shall be substituted the words " London borough, the Greater London Council ",

17In the Nurses Agencies Act 1957, in section 2(1), for the words from " the remainder" to " or any" there shall be substituted " any county or to any London or ",

18In the Local Government Act 1958—

(a)in section 55 (1), for the words " The council of any county or county borough" there shall be substituted the words " Any of the following councils, that is to say, the council of any county, county borough or London borough, the Common Council of the City of London and the Greater London Council ":

(b)in section 58 (3), for the words " metropolitan borough " there shall be substituted the words " London borough and the Greater London Council ";

(c)in paragraph 2 (5) of Schedule 8, for the words " or county borough council" there shall be substituted the words " county borough or London borough council or the Common Council of the City of London ",

19In section 20 (4) (b) of the Rent Act 1957, the reference to the local authority shall, in the case of houses the construction of which was promoted either by the London county council or by the Greater London Council or in respect of which improvement grants were made by either of those councils under the Housing Act 1949 or the Housing (Financial Provisions) Act 1958, be construed as a reference to the Greater London Council.

20In the Town and Country Planning Act 1959—

(a)the Greater London Council and the London borough councils shall be included among the authorities to whom Part II of that Act applies ;

(b)in section 57 (11), for the words " the administrative county of London " there shall be substituted the words " Greater London ",

21(1)In the Caravan Sites and Control of Development Act 1960—

(a)Part I shall extend to the whole of Greater London ;

(b)in section 29 (1), in the definition of " local authority", after the word " district" there shall be inserted the words " the Common Council of the City of London ",

(2)Subject to sub-paragraphs (3) and (4) of this paragraph, where in the case of any land in the area of the existing county of London a licence granted with or without conditions under section 22 of the London County Council (General Powers) Act 1959 was in force in relation to that land immediately before 1st April 1965, then—

(a)until the expiration of the period of two months beginning with the date when that licence would have expired if this Act had not been passed, and

(b)if by the expiration of that period the occupier of that land has duly made an application for a site licence in respect of that land under the said Part I, but that site licence has not yet been issued, until the date when such a site licence is first issued in respect of that land,

the licence under the said section 22 shall be deemed to be a site licence under the said Part I granted for an unlimited period, but subject to the same conditions (if any) as the licence under the said section 22, by the council of the London borough in which that land is situated.

(3)Where in the case of any such land as aforesaid no occupier thereof at any time since the grant of the licence under the said section 22 has been entitled to the benefit of a permission for the use of the land as a caravan site granted under Part III of the Town and Country Planning Act of 1947 or of 1962 otherwise than by a development order, paragraph (b) of the last foregoing sub-paragraph shall not apply to that land but—

(a)if before the expiration of the period referred to in paragraph (a) of that sub-paragraph the occupier of the land duly makes an application for a site licence in respect of that land under the said Part I, then, so long as the conditions, if any, attached to the licence under the said section 22 are complied with, no offence shall be committed under section 1 of the said Act of 1960 in respect of the land at any time after the expiration of that period and before such a licence is first issued in respect of the land ; and

(b)section 17 of the said Act of 1960 shall apply to that land as if the land were an existing site within the meaning of that Act and as if any reference in that section to the commencement of that Act were a reference to the date referred to in the said paragraph (a).

(4)Where in the case of any such land as aforesaid such permission as aforesaid for the use of that land as a caravan site has been granted in terms such that it will expire at the end of a specified period, nothing in sub-paragraph (2) of this paragraph shall cause any licence in respect of that land under the said section 22 to continue in force after the end of that period.

(5)In this paragraph, the expressions " caravan site" and " occupier " have the meanings respectively assigned by section 1 of the said Act of 1960.

22In the Factories Act 1961—

(a)in section 42(4), for the words " outside London" there shall be substituted the words " outside Greater London or in any outer London borough ";

(b)in section 46(7), for the words " the Administrative County of London " there shall be substituted the words " Greater London other than the outer London boroughs " and for the words " London County Council " there shall be substituted the words " Greater London Council ",

23In the Consumer Protection Act 1961, in section 6 (3) (b) and in paragraph 7 of the Schedule, after the word " Wales " there shall be inserted the words " outside Greater London ",

24In the Licensing Act 1961, for section 8 (1) (a) there shall be substituted—

“(a)Schedule 12 to the London Government Act 1963”.

25In the Trustee Investments Act 1961—

(a)in section 11 (4) (a), after the word " London " there shall be inserted the words " the Greater London Council "; and

(b)in paragraph 4 of Part IV of Schedule 1, in the definition of " local authority ", after the word " London " there shall be inserted the words " the Greater London Council ",

26In the Transport Act 1962—

(a)in section 46 (8) (a), for the words " London County Council, the council of any metropolitan borough," there shall be substituted the words " Greater London Council, the council of any London borough ";

(b)in section 87, any reference to the administrative county of London shall be construed as a reference to Greater London other than the outer London boroughs, and in subsection (1) thereof, except in relation to proposals submitted thereunder to the Minister before 1st April 1965, the reference to the London county council shall be construed as a reference to the Greater London Council;

(c)in section 92 (1), in the definition of " the London Special Area ", for the words from " means " onwards there shall be substituted the words " has the meaning assigned by section 252 (1) of the Road Traffic Act 1960 ",

27In the Local Government (Records) Act 1962—

(a)in section 2 (6), for the words " or county borough " there shall be substituted the words " county borough or London borough, to the Greater London Council ";

(b)in section 8 (1), in the definition of " local authority ", for the words " metropolitan borough " there shall be substituted the words " London borough " and after the words " county district" there shall be inserted the words " or the Greater London Council ",

28In the Betting, Gaming and Lotteries Act 1963—

(a)in paragraph 1 (1) (a) of Schedule 2, for the words " or county borough" there shall be substituted the words " county borough or London borough ";

(b)in paragraph 1 of Schedule 3, after the words " of this Schedule", there shall be inserted the words " elsewhere than in Greater London ";

(c)in paragraph 2 of Schedule 1, paragraphs 5 and 6 of Schedule 3, paragraph 9 (a) of Schedule 6, and paragraph 1 (2) (a) of Schedule 7, for the words " metropolitan borough " wherever those words occur there shall be substituted the words " London borough ",

29The following enactments shall cease to have effect—

(a)section 29 of the London Hackney Carriages Act 1843 ;

(b)in the Metropolitan Streets Act 1867, sections 10 to 16 and 18;

(c)the Racecourses Licensing Act 1879 ;

(d)the Metropolitan Streets Act 1903 ;

(e)section 4 of the London Cab and Stage Carriage Act 1907 ;

(f)any provision of the Public Health (London) Act 1936 not already superseded by the provision of Parts V and VI of this Act;

(g)section 14 (3) of the Statistics of Trade Act 1947;

(h)in the Home Safety Act 1961, section 1 (4) from "or metropolitan " onwards.

SCHEDULE 18Repeals

PART IEnactments Repealed as from passing of this Act

PART IIEnactments Repealed as from 1st April 1965