Title and commencement

1.—(1) This order may be cited as the London Government Order 1965.

(2)  Articles 1, 2, 4(13), 13(2), 15, 19, 21(4), 39, 44(1) and 45(1) of this order shall come into operation on 31st March 1965 and the remaining provisions shall come into operation on 1st April 1965.

Interpretation

2.—(1) The Interpretation Act 1889 applies to the interpretation of this order as it applies to the interpretation of an Act of Parliament.

(2) In this order—

“the Act” means the London Government Act 1963;

“the City” means the City of London;

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

“inner London borough” means the London borough of Camden, Greenwich, Hackney, Hammersmith, Islington, Kensington and Chelsea, Lambeth, Lewisham, Southwark, Tower Hamlets, Wandsworth or Westminster;

“the Minister” means the Minister of Housing and Local Government; and

“outer London borough” means a London borough which is not an inner London borough.

(3) In this order, unless the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment or by this order.

(4) Any reference in this order to a numbered article or schedule shall, unless the reference is to an article or schedule of a specified order, be construed as a reference to the article or schedule bearing that number in this order.

(5) Any reference in any article of this order to a numbered paragraph shall, unless the reference is to a paragraph of a specified article, be construed as a reference to the paragraph bearing that number in the first-mentioned article.

Miscellaneous provision as to public general and other Acts

3.—(1) In the Town Gardens Protection Act 1863 —

(a)in section 1, the words from “the Metropolitan” to “City), and”, the word “other” where next occurring, the words “Metropolitan Board of Works or” wherever occurring and the words “Board or” and “as the case may require” shall be omitted;

(b)in section 2, the words from “to the Metropolitan” to “City, or”, the word “other” and the words “Metropolitan Board of Works or” wherever occurring shall be omitted.

(2) In the Local Government Act 1888, in section 95(2)—

(a)after the words “if this Act” there shall be inserted the words “and the London Government Act 1963”;

(b)after the words “inconsistent with this Act” there shall be inserted the words “or with the said Act of 1963 or any instrument made there-under”;

(c)for the words “the county of London” there shall be substituted the words “the area consisting of the inner London boroughs, the City of London, the Inner Temple and the Middle Temple” .

(3) In the Public Health Acts Amendment Act 1890, in section 51(12), the reference to the cities of London and Westminster shall be construed—

• in the case of the city of London as a reference to such city as existing immediately before the passing of the Act;

• in the case of the city of Westminster as a reference to the metropolitan borough of Westminster abolished by section 3(1)(b) of the Act as existing as aforesaid.

(4) Any regulations made by a metropolitan borough council under section 50 of the London County Council (General Powers) Act 1903 (Accommodation for private street vendors) and in force immediately before 1st April 1965 may be amended or revoked by byelaws made under the said section as amended by the Local Law (Greater London Council and Inner London Boroughs) Order 1965(1).

(5) In the Open Spaces Act 1906—

(a)in section 15 (Byelaws), after “this Act” where first occurring there shall be inserted “or in the case of the Greater London Council in relation to any other public park, health, common, recreation ground, pleasure ground, garden, walk, ornamental enclosure or disused burial ground under the control and management of the said Council”;

(b)in section 19 (Savings)—

(i)paragraph (d) shall be omitted; and

(ii)the following subsection shall be inserted—

“(2) Nothing in this Act other than section 15 shall apply to any metropolitan common within the meaning of the Metropolitan Commons Acts 1866 to 1898 which does not fall within the provision made by article 32 of the London Authorities (Property etc.) Order 1964(2)”.

(6) Nothing in the Act shall affect the scheduled areas within the meaning of the Home Counties (Music and Dancing) Licensing Act 1926 so far as those areas lie outside Greater London.

(7) In the Local Government Act 1933—

(a)section 207 shall have effect as if “and of mortgages securing liabilities transferred to the local authority by the London Authorities (Property etc.) Order 1964” were included after “under this Part of this Act” therein;

(b) section 250(2) to (10) shall apply to any byelaws to which section 147 of the London Government Act 1939 applied immediately before 1st April 1965 to which it does not apply apart from this provision, and in such application “enactment” shall include any order, rule or regulation made under any enactment; and

(c)section 250(10) shall have effect as if “or section 5(2) of, and Part II of Schedule 2 to, the .London Government Act 1899 ” were included after “1888” therein.

(8) Section 287A of the said Act of 1933 (which was inserted therein by paragraph 39 of Schedule 4 to the Act and makes provision as to the service of notices by local authorities) shall have effect, in relation to any notice required to be served in the acquisition of any land or of any easements or rights in or over land under the provisions of any Act specified in the following Table, as if subsection (5) thereof had not excluded from the application of the section documents to the service of which the provisions of enactments other than the said section are applicable.

TABLE

• London County Council (General Powers) Act 1961

• London County Council (Improvements) Act 1962

• London County Council (Improvements) Act 1963

• London County Council (General Powers) Act 1964

(9) Section 75(3) of the Public Health Act 1936 (which by virtue of section 40 of the Act enables local authorities in Greater London to provide dustbins for the reception of house refuse and to make certain charges in respect thereof) shall have effect in relation to the council of an inner London borough with the substitution for “may make” of “may, if they think fit, make”.

(10) The powers conferred by sections 260 to 265 of the said Act of 1936 shall not be exercisable by a London borough council in respect of any stream within the meaning of the River Ravensbourne, &c., (Improvement and Flood Prevention) Act 1961 except after consultation with the Greater London Council.

(11) In the London Buildings Acts (Amendment) Act 1939, in section 14, the following subsection shall be added—

“(3) In respect of any part of Greater London which was immediately before the passing of the London Government Act 1963 not part of the administrative county of London—

(a)subsection (1) of this section shall apply to the Greater London Council (except as regards any names which they assign to streets, ways, places, rows of buildings or blocks of buildings and any numbers or names or numbers and names with which they order buildings to be marked) only as from the expiration of seven days after the transmission of the records referred to in paragraph (b) of this subsection and shall then apply (except as aforesaid) with the substitution for “the first day of January eighteen hundred and fifty-six” and “the commencement of this Act” of the date of such transmission;

(b)the council of the London borough in which such part of Greater London is situated shall as soon as practicable transmit to the Greater London Council—

(i)a record of—

• the names lawfully given or assigned to streets, ways, places, rows of houses or blocks of buildings in such part; and

• the numbers or names or numbers and names with which buildings are marked; and

(ii)such record as they can practically compile—

• as respects alterations in the names of streets made by order or resolution since 1st January 1895, of the date of the order or resolution by which such alteration was made;

• as respects names assigned to streets, ways, places, rows of houses or blocks of buildings after 1st January 1940, of the date of the order assigning the name and the immediately previous name or names (if any) borne by the street, way, place, row of houses or block of buildings; and

• as regards numbers or names or numbers and names assigned to buildings by order and names assigned to buildings in substitution for other names, of the date of the order and the immediately previous numbers and names (if any) of the buildings;

(c)subsection (2) of this section shall apply to the records transmitted under paragraph (b) of this subsection, as from the expiration of seven days after the transmission hereof, as it applies to the record kept under subsection (1) of this section.”.

(12) In the Agricultural Wages Act 1948, for section 18 there shall be substituted the following section—

“18.  Such portions of Greater London as the Minister may by order made by statutory instrument define shall, for the purposes of this Act, be deemed to be included in such counties as may be specified in the order”.

(13) In relation to any balance against the Central Midwives Board disclosed by the financial statement under subsection (1) of section 23 of the Midwives Act 1951 made up to the end of 1965 or any subsequent year subsection (2) of the said section shall apply, until a new census is published, as if it had provided in the case of the local health authorities in Greater London and the county councils of Essex, Hertfordshire, Kent and Surrey for apportionment in proportion to their respective populations as estimated by the Registrar General for England and Wales and certified to the Minister as at 30th June 1965.

(14) In the Local Government (Miscellaneous Provisions) Act 1953, in section 1(2), in its application to Greater London, the words “or civic restaurant” shall be omitted.

(15) In the Housing Subsidies Act 1956, in section 9 (Power of Minister to recover certain contributions), there shall be added—

“(3) In respect of Greater London, the Greater London Council, and no other authority, shall be the local authority for the purposes of this section.”

On and after 1st April 1965, any sums which the Minister of Housing and Local Government is entitled to recover under section 9(2) of the said Act shall be recoverable as if the provision made by this paragraph had been operative at all material times.

(16) In the Housing (Financial Provisions) Act 1958, the reference in section 34(2) to sums paid by the local authority shall be construed in relation to any London borough council as including a reference to any council abolished by section 3(1)(b) of the Act.

(17) In the Highways Act 1959, section 131(6), in its application to the inner London boroughs and to the City shall have effect with the substitution for the definition of “the material date” of—

““the material date” means 1st January 1856.”.

(18) In the Land Compensation Act 1961, in the application of section 24(4) and (5) to any land in a London borough or the City, the references to the local planning authority shall be construed as references to the council of the London borough or the Common Council, as the case may be.

(19) In the Rating and Valuation Act 1961 , in section 2(2) after “county borough” there shall be inserted “, or rating area in Greater London,”.

(20) In the Rivers (Prevention of Pollution) Act 1961 in section 14, the following subsection shall be added—

“(3) Paragraphs 11 to 14 of Schedule 14 to the London Government Act 1963 shall apply to the expenses incurred by the Greater London Council in the enforcement of the Rivers (Prevention of Pollution) Acts 1951 to 1961 (by virtue of paragraph 12 of Schedule 17 of the said Act of 1963) as they apply to the expenses described in the said paragraph 11.”

(21) In the Act—

(a)the references in section 53(3) to section 6(3) and section 15(1)(a) of the Betting, Gaming and Lotteries Act 1963 shall be read as references to section 6(2) and section 16(1)(a), respectively, of such Act;

(b)the reference in the entry for Route Number A.117 in Schedule 7 to A.16 shall be read as a reference to A.116;

(c)the reference in paragraph 6 of Schedule 10 to Part V of the London County Council (General Powers) Act 1962 shall be read as a reference to Part II of such Act.

(22) In the Water Resources Act 1963, in section 125, the following subsection shall be added—

“(6) Paragraphs 11 to 14 of Schedule 14 to the London Government Act 1963 shall apply to any sums paid by the Greater London Council by virtue of a precept of the Conservators or the Catchment Board issued to the Council under an order under subsection (1) of this section in respect of the London excluded area as they apply to the expenses described in the said paragraph 11.”.

(23) In the Port of London Act 1964, in section 9, the following subsection shall be added—

“(8) Paragraphs 11 to 14 of Schedule 14 to the London Government Act 1963 shall apply to the expenses incurred by the Greater London Council in the discharge of the functions conferred on them by virtue of this section as they apply to the expenses described in the said paragraph 11.”.

(24) The enactments specified in Schedule 1 are hereby repealed to the extent mentioned in column (3) thereof.

Miscellaneous provision as to instruments

4.—(1) In the Cinematograph Fund Regulations 1933(3)—

(a)in regulation 3—

for “the council of a county or county borough or a committee of such council” there shall be substituted “the council of a county or a county borough or the Greater London Council, or a committee of any such council”;

after “their area is situate” there shall be inserted “or, in the case of a licensing authority in Greater London, to the Greater London Council”;

(b)in regulation 4, after “or county borough” there shall be inserted “or the Greater London Council”.

(2) In the Children and Young Persons (Collection of Parental Contributions) Regulations 1933(4), in regulation 1, for “the council of a county or county borough” there shall be substituted “the council of a county, a county borough or a London borough or the Common Council of the City of London”.

(3) In the Remand Home Rules 1939(5), in rule 26(1), for the definition of “Council” there shall be substituted—

“‘Council’ means the council of a county, a county borough or a London borough or the Common Council of the City of London, acting separately or jointly with another such council.”.

(4) In the Local Authorities and Local Education Authorities (Allocation of Functions) Regulations 1951(6), in regulation 2(2), for the definition of “local authority” there shall be substituted—

“‘local authority’ means the council of a county or county borough in England or Wales, the council of a London borough or the Common Council of the City of London;”.

(5) In the Prevention of Damage by Pests (Application to Shipping) Order 1951(7), in article 5, after “county borough” there shall be inserted “or by the Greater London Council”.

(6) In the Hydrogen Cyanide (Fumigation of Buildings) Regulations 1951(8), in the definition of “local authority” in regulation 1(2), for “the council of a metropolitan borough” there shall be substituted “the council of a London borough”.

(7) In the Hydrogen Cyanide (Fumigation of Ships) Regulations 1951(9), in the definition of “local authority” in regulation 1(2), for “the council of a metropolitan borough” there shall be substituted “the council of a London borough”.

(8) In the Town and Country Planning (Construction and Improvement of Private Streets) Regulations 1951(10)—

(a)in regulation 1(2), in the definition of “the private street works code” the words from “,or, as respects” to “thereof,” shall be omitted;

(b)in regulation 4(1), “or sub-section (8) of section 114” shall be omitted.

(9) In the Boarding-Out of Children Regulations 1955(11)—

(a)in regulation 33(1), for the definition of “local authority” there shall be substituted—

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

(b)in the Schedule, for “the county/county borough”, wherever occurring, there shall be substituted “the county/county borough/London borough/City of London”.

(10) In the Local Government (Allowances for Attendance at Road Safety Conferences) Regulations 1957(12)—

(a)in regulation 2, for “section 5 of the Road Traffic Act 1956” there shall be substituted “ section 75 of the Road Traffic Act 1960”;

(b)in regulation 3, for the words from “or the Common Council” to “1956” there shall be substituted—

“, the Common Council of the City of London or the Greater London Council under section 75(2) of the Road Traffic Act 1960 ”.

(11) In the Motor Vehicles (International Circulation) Order 1957(13), as amended by the Motor Vehicles (International Circulation) (Amendment) Order 1962(14), in article 5(7), for “the London County Council” there shall be substituted “the Greater London Council” .

(12) In the Agriculture (Areas for Agricultural Land Tribunals) Order 1959(15)—

(i)for the words “administrative counties” wherever occurring there shall be substituted the words “administrative counties and London boroughs”;

(ii)in article 2(2)(b), for “, part of a county borough or borough in the county of London,” there shall be substituted “or part of a county borough”;

(iii)in the Schedule—

(a)the words “and Boroughs in the County of London” shall be omitted;

(b)for the entries for Middlesex, Surrey and Kent there shall be substituted—

“Surrey

Kent

The London boroughs other than Barking, Havering, Redbridge, Newham and Waltham Forest.”

(c)for the entry for Essex there shall be substituted—

“Essex

The London boroughs of Barking, Havering, Redbridge, Newham and Waltham Forest.”

(13) In the London Equalisation Scheme 1959—

(a)in the definition of “rate-borne expenditure” in article 4(2) there shall be added—

“(c) the contributions paid by the authority into the general fund of the Greater London Council or the general rate fund of any London borough under section 69(1) of the London Government Act 1963” ; and

(b)in the definition of “modified rate-borne expenditure” in article 4(3) there shall be added—

“(3) the contributions paid by the authority into the general fund of the Greater London Council or the general rate fund of any London borough under section 69(1) of the London Government Act 1963”.

(14) In the Agricultural Wages Committees (Areas) Order 1960(16)—

(a)for article 5 there shall be substituted the following article—

“Greater London

5.  The London boroughs of Barking, Havering, Newham, Redbridge and Waltham Forest shall for the purposes of the Act be deemed to be included in the county of Essex, the London boroughs of Barnet, Camden, Enfield, Hackney, Haringey, Islington, Tower Hamlets and Westminster, the City of London, the Inner Temple and the Middle Temple in the county of Hertford, the London boroughs of Bexley, Bromley, Greenwich and Lewisham in the county of Kent, and the London boroughs of Brent, Croydon, Ealing, Hammersmith, Harrow, Hillingdon, Hounslow, Kensington and Chelsea, Kingston upon Thames, Lambeth, Merton, Richmond upon Thames, Southwark, Sutton and Wandsworth in the county of Surrey.”

(b)the word “Middlesex” in Part I of Schedule 1, the entries relating to East Ham, West Ham and Croydon in Part III of Schedule 2, and Part IV of Schedule 2 (Portions of the administrative county of London) shall be omitted.

(15) In the Motor Vehicles (International Motor Insurance Card) Regulations 1963(17), in the definition of “registration authority” in regulation 3(1) and in regulations 10 and 11, for “the London County Council” wherever occurring there shall be substituted “the Greater London Council”.

(16) In the Motor Vehicles (Driving Licences) Regulations 1963(18), in the definition of “licensing authority” in regulation 3(1), after “county borough” there shall be inserted “or the Greater London Council”.

(17) In the Offices, Shops and Railway Premises Annual Reports Order 1964(19), in article 2 “or by the London County Council,” shall be omitted.

(18) In the Town and Country Planning General Regulations 1964(20), the definition of “Greater London” in regulation 3(1) shall be omitted.

Local Acts, orders, etc

5.—(1) Subject to the provisions of this order or of any other order made under section 84 of the Act—

(a)the unrepealed provisions of any local Act or of any order made under or confirmed by any Act which affects the existing county of Hertfordshire or Surrey, otherwise than in relation to property held on a charitable trust, shall extend to the urban district of Potters Bar or the urban districts of Staines and Sunbury-on-Thames, as the case may be, and any reference therein to the county shall be construed as extending to such urban district or urban districts;

(b)such provisions of any such Act or order which affects the existing urban district of Chigwell, otherwise than in relation to property held on a charitable trust, shall apply to the urban district as altered, and any reference therein to the urban district shall be construed as a reference to the urban district as altered.

Nothing in this paragraph applies to

(a)the existing division of any parliamentary constituency into polling districts and designation of polling places;

(b)any order in force under the Shops Act 1950;

(c)any order under the Clean Air Act 1956.

(2) In section 218 of the Middlesex County Council Act 1944, there shall be substituted for “the Council”, where first and secondly occurring “the county council of Middlesex” and where thirdly occurring “the Greater London Council” .

(3) Notwithstanding the provisions of section 87(1) of the Act the provisions of the Middlesex County Council Acts of 1944, 1950, 1956, 1959 and 1961 other than the said section 218 and the provisions specified in respect of the urban district of Potters Bar, Staines or Sunbury-on-Thames in column (1) of Part I, II or III of Schedule 2 shall not apply in such urban district.

The provisions so specified in respect of any such urban district shall have effect with the substitution for references to the county of Middlesex or the county council of that county of references to the area or authority specified in respect of such provisions in column (2).

(4) Any protective provision in any local Act or in any order made under or confirmed by any Act for the benefit of an authority abolished by section 3(1)(b) of the Act or their predecessors, or for the benefit of the county council of Essex, Hertfordshire, Kent or Surrey or the urban district council of Chigwell, or their predecessors, in respect of or in so far as it relates to any matter in the relevant area, shall enure—

(a)if the protection relates to a highway, for the benefit of the highway authority for the highway;

(b)if the protection relates to any other matter transferred by or under the Act to any authority, for the benefit of that authority;

(c)in any other case, for the benefit of the council of the London borough or county in which the matter to which the protection relates is situated or the Common Council,

and shall be construed as if a reference to the authority specified in (a), (b) or (c) were substituted for any reference to the authority named in the protective provision.

(5) Any provision in any local Act or in any order made under or confirmed by any Act which requires the consent (whether it empowers the requirement of conditions or otherwise) of an authority abolished by section 3(1)(b) of the Act or their predecessors, or of the county council of Essex, Hertfordshire, Kent or Surrey or the urban district council of Chigwell, or their predecessors, in respect of or in so far as it relates to any matter in the relevant area, shall have effect as if it had required the consent of (and in that event empowered the requirement of conditions by) the following authority, namely—

(a)where the matter in respect of which the consent is required is a highway, the highway authority for the highway;

(b)where the matter in respect of which the consent is required is any other matter transferred by or under the Act to any authority, that authority;

(c)in any other case, the council of the London borough or county in which the matter in respect of which the consent is required is situated or the Common Council.

(6) Paragraphs (4) and (5)shall not apply to any provision in any local Act or in any order made under or confirmed by any Act in respect of which provision is made in an order made under section 84, as extended by section 87(2), of the Act.

(7) In this article “the relevant area” includes

(a)Greater London;

(b)any part of the sewerage area of the Greater London Council which is not in Greater London;

(c)any area adjoining Greater London which is not within the Thames catchment area, the Lee catchment area or the area of any river board or river authority.

Adoptive Acts

6.—(1) This article does not apply to the Burial Acts 1852 to 1906 or, except in relation to the urban district of Chigwell, to any provisions which are extended to the London boroughs by the Act.

(2) The provisions of any public general Act in force immediately before 1st April 1965 throughout a borough, metropolitan borough or urban district specified in column (1) of Part I of Schedule 3 by virtue of an adoption by the council of the borough, metropolitan borough or urban district or their predecessors, and any order in force under such Act throughout the borough, metropolitan borough or urban district, shall apply to the area specified in respect of such borough, metropolitan borough or urban district in column (2).

(3) Subject to the provision of paragraph (2), the provisions of any such Act in force in any area specified in Part II of Schedule 3, and any order in force under such Act in such area, shall cease to have effect in relation to such area.

Orders under the Public Health Acts, etc

7.—(1) This article does not apply to the inner London boroughs or, except in relation to the urban district of Chigwell, to any provisions which are extended to the outer London boroughs by the Act.

(2) Subject to any order which the Minister or the Secretary of State may make to take effect on or after 1st April 1965, any order by virtue of which any provisions of the Public Health Acts 1875 to 1932 or the Highways Act 1959 are in force immediately before 1st April 1965 throughout a borough or urban district specified in column (1) of Part I of Schedule 3, and any other order under any of those Acts so in force, shall apply to the area specified in respect of such borough or urban district in column (2).

(3) Subject to the provision of paragraph (2), any order by virtue of which any such provisions are in force in any area specified in Part II of Schedule 3, and any other order under any of those Acts in force in such area, shall cease to have effect in relation to such area.

Parish council powers

8.—(1) This article does not apply to the inner London boroughs.

(2) Subject to the provisions of any order which the Minister may make to take effect on or after 1st April 1965, the provisions of any order made before that date and conferring upon the council of a borough or urban district specified in column (1) of Part I of Schedule 3 any functions of a parish council shall be deemed to have effect as if any reference in those provisions to such borough or urban district extended and applied to the area specified in respect of such borough or urban district in column (2).

Byelaws, etc., made by county councils under public general Acts

9.—(1) This article applies to instruments made under public general Acts by county councils before 1st April 1965 which apply on and after that date by virtue of paragraph (a) of section 87(1) of the Act to any part of the relevant area or to things or persons connected with a part of the relevant area.

(2) In this article—

“a county council” means the London County Council or the county council of Middlesex, Essex, Hertfordshire, Kent or Surrey;

“the relevant area” has the same meaning as in section 87 of the Act;

“the specified functions” means functions other than—

• functions as a local education authority, and

• functions in relation to parks and open spaces

exercisable in Greater London on and after 1st April 1965 by the Greater London Council.

(3) Any instrument made by the London County Council as local education authority—

(a)in so far as it relates to the Inner London Education Area or a part thereof, shall have effect as if made by, and references therein to the London County Council shall be construed as references to, the Greater London Council; and

(b)in so far as it relates to the area of the metropolitan borough of Woolwich included in the London borough of Newham, shall have effect as if made by the council of the London borough, and references therein to the London County Council shall be construed—

(i)in relation to a school maintained on and after 1st April 1965 by the Greater London Council, as references to that council; and

(ii)in any other case, as references to the council of the London borough.

(4) Any instrument which has effect in relation to a park or open space for the time being vested in or under the control and management of the Greater London Council, and any instrument made in the exercise of the specified functions and applying to any part of the relevant area or to things or persons connected with a part of the relevant area, shall have effect as if made by, and references therein to a county council shall be construed as references to, the Greater London Council.

(5) Any other instrument, in so far as it applies to a London borough or a part thereof, or to the City or a part thereof, shall have effect as if made by, and references therein to a county council shall be construed as references to, the council of the London borough or the Common Council, as the case may be:

Provided that references to the London County Council shall, in relation to a school maintained on and after 1st April 1965 by the Greater London Council, be construed as references to that council.

Enforcement, and amendment, etc., of instruments notwithstanding repeal of enactments

10.—(1) Any provision of any enactment which imposes fines on persons offending against any instrument which by virtue of paragraph (a) of section 87(1) of the Act or an order made under sections 84 and 87 of the Act applies to any area, things or persons shall continue to have effect in relation to offences against the instrument notwithstanding the repeal (whether by the Act or by such an order) of the enactment.

(2) Any instrument made under any enactment (not being byelaws in relation to which article 33 of the London Authorities (Property etc.) Order 1964 makes provision) which, by virtue of paragraph (a) of section 87(1) of the Act or an order made under sections 84 and 87 of the Act, applies, notwithstanding the repeal (whether by the Act or by such an order) of the enactment under which it was made, to any area, things or persons may be amended (without prejudice to the provision of section 87(5) of the Act) or revoked—

(i)in the case of an instrument made by a Minister, by any appropriate Minister within the meaning of the Act; and

(ii)in the case of any other instrument—

(a)where, by this order or any other order made as aforesaid, the Greater London Council is substituted in references, by that Council;

(b)in the case of any byelaws made by the county council of Surrey under section 66 of the Surrey County Council Act 1925, as respects any London borough, by the council of the London borough;

(c)in any other case, as respects any London borough or administrative county substituted in references by paragraph (b) of the said section 87(1), by the council of that London borough or administrative county, as the case may be.

Section 250(2) to (9) of the Local Government Act 1933 shall apply to byelaws for such amendment or revocation, and the Minister of Housing and Local Government or any appropriate Minister within the meaning of the Act shall be the confirming authority for the purposes of such subsections.

Port of London Authority

11.—(1) In the Port of London (Consolidation) Act 1920—

(a)in section 6(5), for the entries relating to the London County Council there shall be substituted

“By the Greater London Council (being members of the council) …2By the Greater London Council (not being members of the council) …2”;

(b)in section 6(6) and in paragraph 3 of Part II of Schedule 2, for “the London County Council”, wherever occurring, there shall be substituted “the Greater London Council”.

(2) Paragraph (2) of Part III of Schedule 2 to the Act of 1920 shall have effect in relation to the members of the Port of London Authority appointed by the Greater London Council (or appointed by the London County Council and remaining in office under paragraph (3)) with the substitution, in relation to 1967 and every third year thereafter, for “the first day of April” of “the first day of July”.

(3) The members of the Port of London Authority appointed by the London County Council in office at 1st April 1965 shall remain in office as if they had been appointed in June 1964 by the Greater London Council, and paragraph (3) of Part II of Schedule 2 to the Act of 1920 shall not apply to the members so appointed as being members of the London County Council.

Metropolitan Water Board

12.—(1) In this article—

“the Act of 1902” means the Metropolis Water Act 1902(21) ;

“constituent authority” means an authority entitled to appoint a member or members of the Water Board; and

“the Water Board” means the Metropolitan Water Board.

(2) In the Act of 1902—

(a)for section 1(3) there shall be substituted—

“(3) Subject to the provisions of this Act, the Water Board shall consist of a chairman and a vice-chairman who shall be appointed by the Board and thirty-nine other members who shall be appointed as follows:—

• Six by the Greater London Council.

• One by each of the councils of the London boroughs of Barnet, Bexley, Brent, Bromley, Camden, Ealing, Enfield, Greenwich, Hackney, Hammersmith, Haringey, Hounslow, Islington, Kensington and Chelsea, Kingston upon Thames, Lambeth, Lewisham, Merton, Newham, Redbridge, Richmond upon Thames, Southwark, Tower Hamlets, Waltham Forest, Wandsworth and Westminster.

• One by the Common Council of the City.

• One by each of the councils of the counties of Essex, Hertfordshire, Kent and Surrey.

• One by the Conservators of the River Thames.

• One by the Lee Conservancy Catchment Board.”

(b)for section 15(2) there shall be substituted—

“(2) Any sum required to meet any deficiency in the water fund, whether for satisfying past or future liabilities, in any financial year, shall be apportioned amongst the London boroughs, the City of London and the non-county boroughs and urban and rural districts, the whole or part of which is within the limits of supply of the Water Board, in proportion to the rateable value appearing in the valuation lists on the preceding 6th April of the hereditaments at that date supplied with water by the Water Board in the City and in each of the said boroughs and districts.”

(c)in section 15(3), in paragraph (b), for “metropolitan” there shall be substituted “London”.

(d)in section 37, in the definition of “constituent authority”, “group of councils” shall be omitted.

(e)in Schedule 3, in paragraph 4 the words “or one of the Councils”, paragraphs 8 to 11, and in paragraph 13 the words “to be made at such time as may be prescribed by regulations made by the Local Government Board”, shall be omitted.

(3) In the Metropolitan Water Board (Term of Office) Order 1952, article 4 shall be omitted.

In the Metropolitan Water Board (Amendment of Constitution) Order 1956, article 3 shall be omitted.

The Metropolitan Water Board (Appointment of Joint Committees and Members) Regulations 1956 are hereby revoked.

(4) Each constituent authority shall at a meeting of the authority during the month of June or July in 1965 and in every third year thereafter appoint such number of members of the Water Board as the authority are entitled to appoint and as is specified in section 1(3) of the Act of 1902 as substituted by paragraph (2).

The clerk or other officer or person by whom notices of meetings of a constituent authority are given shall give to every member of the authority not less than three days' previous notice in writing of the meeting at which the appointment of any member of the Water Board in pursuance of this paragraph is to be made, and of the intention to make the appointment.

(5) Paragraph 4 of Schedule 3 to the Act of 1902 shall not have effect in the case of a member of the Water Board who ceases to be a member of the council by whom he is appointed by reason only of the abolition of that council by section 3(1)(b) of the Act.

West Kent Main Sewerage Board

13.—(1)  Subject to the provisions of the local Acts and orders applicable to the West Kent Main Sewerage Board (hereinafter referred to as “the Board”), the councils of the London boroughs of Bexley and Bromley shall be represented on the Board by seven members and nine members, respectively, of such councils. Councillors representing wards of such boroughs wholly within the sewerage area of the Greater London Council shall not be eligible for election as members or entitled to vote at the election of members.

(2) Each of the said councils shall elect the number of members of the Board assigned to them by paragraph (1), to come into office on 1st April 1965 or if elected after that date on their election and to hold office until the annual meeting of the council in 1966. The clerk of the council shall forthwith notify to the secretary of the Board the names, addresses and descriptions of the members elected.

(3) The members of the Board elected by the councils of the boroughs of Beckenham, Bexley, Bromley and Erith and the urban districts of Chislehurst and Sidcup, Crayford and Orpington shall retire on 1st April 1965.

(4) The provision of section 87(7) of the Act shall not affect article VI of the West Kent Order confirmed by the Local Government Board's Provisional Orders Confirmation (No. 7) Act 1886.

Commissioners of sewers

14.  The commissioners of sewers for the levels of Havering, Dagenham, Ripple, Barking, East Ham, West Ham, Leyton, Walthamstow, Bromley and East Marsh are hereby dissolved.

Merton and Sutton Joint Cemetery Board

15.—(1) The Carshalton and Merton and Morden Joint Cemetery Board shall continue to exist as a joint cemetery board by the name of the Merton and Sutton Joint Cemetery Board for a united district comprising the London boroughs of Merton and Sutton, but shall not be empowered to provide a new cemetery, and section 7 of the Public Health Act 1936 (Restriction on discharge of functions by local authorities within united district) shall not apply to the said London boroughs by reason of the provision of this paragraph.

(2) For the purposes of paragraph (1) and for making new provision for the election of members of the said Board, the Merton and Morden and Carshalton Joint Cemetery Order 1943 (under which the said Board was originally constituted) shall have effect with the following modifications—

(a)for the definitions of “constituent district”, “the joint board” and “the united district” there shall be substituted the following definitions, namely—

“‘constituent district’ means the London borough of Merton or Sutton;”

“‘the joint board’ means the Merton and Sutton Joint Cemetery Board;”

“‘the united district’ means the Merton and Sutton Joint Cemetery District;”

(b)in article 3(1), for “Merton and Morden and Carshalton Joint Cemetery District” there shall be substituted “Merton and Sutton Joint Cemetery District” and “or cemeteries” shall be omitted;

(c)in article 3(2), for “Merton and Morden and Carshalton Joint Cemetery Board” there shall be substituted “Merton and Sutton Joint Cemetery Board”;

(d)for article 4 there shall be substituted—

“(1) The number of members of the joint board to be elected by each constituent council shall be five

4.—(2) Each constituent council shall elect the number of members of the joint board assigned to them by this order in accordance with the following provisions—

(a)at a meeting held before 1st April 1965, they shall elect members to come into office on 1st April 1965 and to hold office until 20th June 1967;

(b)at their annual meetings in 1967 and in every third year thereafter, they shall elect members to come into office on the 21st June following and to hold office for a period of three years.

(3) The clerk of each constituent council shall, immediately after the election of any member of the joint board by that council, notify the name, address and description of the member elected to the clerk of the joint board.”;

(e)article 5(1) shall be omitted;

(f)in the Schedule, for paragraph 2(2) there shall be substituted—

“(2) The first meeting of the joint board held after 1st April 1965 shall be the annual meeting for the year commencing on that date and for any subsequent year the first meeting held after 20th June shall be the annual meeting.”

(3) The Carshalton and Merton and Morden Joint Cemetery Board Order 1949 shall cease to have effect.

(4) The members of the joint board in office at 1st April 1965 shall retire on that day.

(5) Any legal proceedings pending at 1st April 1965 may be amended in such manner as may be necessary or proper in consequence of this article.

(6) The said order of 1943 and this article may be cited together as the Merton and Sutton Joint Cemetery Orders 1943 to 1965.

(7) Precepts under article 10(2) of the said order of 1943 in respect of the year 1965–66 issued before 1st April 1965 to the councils of the London boroughs of Merton and Sutton shall be of full effect.

(8) Except in so far as it expressly requires or enables action to be taken before 1st April 1965 this article shall have effect from that date.

Crematorium Board

16.Mortlake.  In the Mortlake Crematorium Act 1936—

(a)in section 6, for the words following “appointed by” where first occurring there shall be substituted “the councils of the London boroughs of Ealing, Hammersmith, Hounslow and Richmond upon Thames, each of whom shall appoint three members.”;

(b)section 11(1) shall not apply to a member of the Board who ceases to be a member of the authority by whom he was appointed by reason only of the abolition of that authority by section 3(1)(b) of the Act.

-East Surrey Crematorium Board

17.North.  In the North-East Surrey Crematorium Board Act 1956—

(a)in section 6, for the words following “appointed by” where first occurring there shall be substituted—

“the councils of the London boroughs of Merton, Sutton and Wandsworth as follows—

“As from 1st June in 1965 and in every subsequent fifth year the constitution of the Board shall be revised so that the number of members to be appointed by each of the constituent authorities to hold office during the next following period of five years shall be on the basis of one member for every 70,000 inhabitants of the constituent district or part of 70,000 inhabitants above 70,000 or a multiple thereof according to the population of that constituent district at that time.”;

(b)in section 7(3), the words “not being more than three years” shall be construed, until 31st May 1967, as a reference to a period not extending beyond such date;

(c)section 11(1) shall not apply to a member of the Board who ceases to be a member of the authority by whom he was appointed by reason only of the abolition of that authority by section 3(1)(b) of the Act.

-West Middlesex Crematorium Board

18.South.  In the South-West Middlesex Crematorium Act 1947—

(a)in section 6, for the words from “of the respective boroughs” to the end of proviso (a) there shall be substituted—

“of the London boroughs of Ealing, Hillingdon, Hounslow and Richmond upon Thames and the urban districts of Staines and Sunbury-on-Thames as follows—

In the month of October in 1965 and in every subsequent fifth year the constitution of the Board shall be revised so that the number of members to be appointed by each of the constituent authorities to hold office during the next period of five years shall be on the basis of one member for every 100,000 inhabitants of the borough or district of the constituent authority or part of 100,000 inhabitants above 100,000 or a multiple thereof according to the population of the borough or district at that time:

Provided that—

(a)a constituent authority whose district has less than 100,000 inhabitants shall be entitled to appoint one member;”;

(b)in section 32(3), for the words from “clerk of the county council” to “county district” there shall be substituted “town clerk of the London borough”;

(c)section 11(1) shall not apply to a member of the Board who ceases to be a member of the authority by whom he was appointed by reason only of the abolition of that authority by section 3(1)(b) of the Act.

stration

19.—(1) Subject to paragraph (8), in this article—

“registration” means inclusion in any register;

“register” means any register under any enactment, rule, order or regulation and includes—

“specified purpose register” means a register kept for a purpose for which the register for the relevant area will after 1st April 1965 be kept by the Greater London Council;

“the relevant area” has the same meaning as in section 87 of the Act; and

“exemption” means exemption from any obligation in respect of registration.

(2) Immediately before 1st April 1965—

(a)the clerk to the London County Council or of the county council of Middlesex shall deliver any register of the council to the clerk to the Greater London Council;

(b)the town clerk of the borough of Croydon, East Ham or West Ham shall deliver—

(i)to the clerk to the Greater London Council, any specified purpose register of the council of the borough;

(ii)to the town clerk of the London borough of Croydon or Newham, as the case may be, any other register of the council of the borough;

(c)the clerk of a council named in column (1) of Schedule 4 other than the council of the borough of Croydon, East Ham or West Ham shall deliver any register of the council to the clerk of the London borough council specified in respect of such council in column (2).

(3) As soon as may be after 1st April 1965 the clerk of a council named in column (1) of the following table shall send a copy of every entry in a register described in respect of such council in column (2) which concerns or has effect in relation to an area so specified in column (3) or to any person, property, matter or thing therein to the clerk of the council so specified in column (4).

For the purposes of this paragraph—

(a)any entry in the register kept in pursuance of section 1 of the Performing Animals (Regulation) Act 1925 by the London County Council which does not record a fixed place of residence of the exhibitor or trainer in Greater London shall be deemed to concern or have effect in relation to the City; and

(b)any entry in the register of theatrical employers kept in pursuance of section 1 of the Theatrical Employers Registration Act 1925 by the London County Council or the county council of Middlesex which does not record a fixed place of residence of the employer in Greater London shall be deemed to concern or have effect in relation to the City of Westminster.

(4) Any clerk to whom a register is delivered under paragraph (2) shall in corporate in the appropriate register of the council the entries in the register which concern or have effect in relation to the council or to any person, property, matter or thing therein, and any clerk to whom an entry is furnished under paragraph (3) shall include in the appropriate register of the council the particulars of the entry, and every entry so incorporated or included shall continue in force as fully and effectively as if it had originally been made in the register in which it is incorporated or included.

(5) Where any register is kept in such manner that the entries therein are separable paragraph (3) may be complied with, as regards any entry, by sending the entry to the clerk specified in that paragraph, and if the entry is so sent paragraph (4) may be complied with, as regards that entry, by the inclusion of the entry in the appropriate register of the council.

(6) Any application for registration in a specified purpose register or for exemption from any obligation in respect of inclusion in such register, made before 1st April 1965, which concerns or has effect in relation to the relevant area or to any person, property, matter or thing therein shall be treated as having been made to the Greater London Council.

Any application for registration in a register specified in column (2) of the table in paragraph (3) or for exemption from any obligation in respect of inclusion in such register, made before 1st April 1965, which concerns or has effect in relation to an area specified in respect of such register in column (3) or to any person, property, matter or thing therein shall be treated as having been made to the council specified in respect of such area in column (4).

Any other application for registration or exemption made before 1st April 1965 to a council named in column (1) of Schedule 4 shall be treated as having been made to the London borough council specified in respect of such council in column (2).

(7) Any order, decision, notice or certificate made, taken, given or issued before 1st April 1965 in relation to

• any application for registration in a specified purpose register or for exemption from any obligation in respect of inclusion in such a register

• any entry in any specified purpose register

which concerns or has effect in relation to the relevant area or to any person, property, matter or thing therein shall have effect as if it had been made, taken, given or issued by the Greater London Council.

Any order, decision, notice or certificate made, taken, given or issued before 1st April 1965 in relation to

• any application for registration in a register specified in column (2) of the table in paragraph (3) or for exemption from any obligation in respect of inclusion in such register

• any entry in any such register

which concerns or has effect in relation to an area specified in respect of such register in column (3) or to any person, property, matter or thing therein shall have effect as if it had been made, taken, given or issued by the council specified in respect of such area in column (4).

Any other order, decision, notice or certificate made, taken, given or issued before 1st April 1965 by a council named in column (1) of Schedule 4 in relation to

• any application for registration or exemption

• any entry in any register of the council

shall have effect as if it had been made, taken, given or issued by the London borough council specified in respect of such council in column (2).

(8) This article does not extend to—

• any register of local government electors;

• any register of any matters covered by article 24;

• any register as to which provision is made by the London Government (Town and Country Planning) Order 1965(22);

• any register of local land charges kept in pursuance of section 15 of the Land Charges Act 1925.

Licences, etc

20.—(1) Any licence, certificate, permit or exemption subsisting at 31st March 1965 granted to any person residing in, or in respect of any property, matter or thing in, Greater London or the urban district of Potters Bar, Staines or Sunbury-on-Thames which could, on or after such date, have been granted (whether under the same enactment or otherwise) by any authority to any person residing in, or in respect of any property, matter or thing in, such area shall continue in force for the period for which it was granted (or as provided in paragraph (2)) as fully and effectively as if it had been granted by such authority.

(2) Any licence described in column (1) of the following table subsisting at 31st March 1965 in respect of premises in an area specified in respect of such licence in column (2) granted for a period expiring between that date and the date so specified in column (3) shall (unless revoked or forfeited) continue in force until that date.

(3) An application for any licence, certificate, permit or exemption made before 1st April 1965 by any person residing in, or in respect of any property, matter or thing in, Greater London or the urban district of Potters Bar, Staines or Sunbury-on-Thames shall be treated as having been made under the appropriate enactment to the authority described in paragraph (1).

(4) Any decision or notice taken or given before 1st April 1965 in relation to any licence, certificate, permit or exemption described in paragraph (1) or application described in paragraph (3) shall have effect as if it had been taken or given under the appropriate enactment by the authority described in paragraph (1).

(5) This article does not apply to—

(a)any motor vehicle or driving licence;

(b)any licence in respect of a hackney carriage or a driver of a hackney carriage issued under the provisions of the Town Police Clauses Act 1847 as incorporated with the Public Health Act 1875

or any application for or decision or notice taken or given in relation thereto.

Motor vehicles and driving licences

21.—(1) Such advances additional to those provided for in the directions issued under section 3(4) of the Roads Act 1920 and section 22(1) of the Vehicles (Excise) Act 1962 may be made by the Minister of Transport to the Greater London Council as may be necessary on account of any expenses incurred by the Council in connection with the levying of excise duties on mechanically propelled vehicles, the registration of vehicles and the issue of licences to drivers of vehicles.

(2) Any payment due to the council of the county borough of Croydon, East Ham or West Ham from the Minister of Transport on account of the expenses incurred by that council in 1964–65 or any earlier year in connection with levying of excise duties on mechanically propelled vehicles, the registration of vehicles and the issue of licences to drivers of vehicles shall be made—

• in the case of the council of the county borough of Croydon, to the London borough council of Croydon;

• in the case of the council of the county borough of East Ham or West Ham, to the London borough council of Newham,

and for the purposes of the said payments the said London borough councils shall be deemed to be county councils within the meaning of section 22(1) of the Vehicles (Excise) Act 1962.

(3) Any vehicle ordinarily kept in an area specified in column (1) of the following table registered by a council specified in respect of such area in column (2) (including a vehicle first registered after 1st April 1965 by the county council of Essex, Hertfordshire, Kent or Surrey under the proviso to this paragraph) or registered by such council by virtue of the place of business of the keeper of the vehicle being situated in such area shall be deemed to be registered with the council specified as aforesaid in column (3) and any application or declaration made, particulars furnished, notification given, licence, certificate, registration or limited trade licence book or other document or trade plate issued, record kept, registration mark assigned or other thing done to or by a council specified in column (2) in relation to such vehicle before 1st April 1965 shall have effect as if made, furnished, given, issued, kept, assigned or done to or by the council specified in column (3).

Provided that a vehicle which is ordinarily kept in Greater London and prior to 1st April 1965 was registered or could have been registered with the county council of Essex, Hertfordshire, Kent or Surrey shall, for the purposes of—

the application for and issue of a licence under regulations 4, 5 and 6 of the Road Vehicles (Registration and Licensing) Regulations 1964(23);

the surrender of a licence under section 9 of the Vehicles (Excise) Act 1962 and regulation 7 of the said Regulations;

the application for and issue of a duplicate licence or registration book under regulations 8 and 11(1) of the said Regulations;

the correction of a registration book under regulation 11(3) of the said Regulations; and

the notification of any alteration of a vehicle under regulations 13 and 14 of the said Regulations,

in addition to being deemed to be registered, or being registrable, with the Greater London Council, be deemed until 1st April 1966 to be registered or registrable with the county council with which it was previously registered or registrable, and accordingly either the Greater London council or that county council may act for the said purposes in respect of such vehicle until that date, and applications or declarations made, notifications given or other things done to or by the county council of Essex, Hertfordshire, Kent or Surrey for any of the said purposes in respect of such vehicle shall not be deemed to have effect as if made, given or done to or by any other council until 1st April 1966.

(4) The clerk of the London County Council, the county council of Middlesex or the council of the county borough of Croydon, East Ham or West Ham shall immediately before 1st April 1965 deliver the vehicle files of vehicles registered with the council to the clerk to the Greater London Council.

The clerk to the Greater London Council shall as soon as may be after 1st April 1965 send to the clerk of the county council of Hertfordshire or Surrey the vehicle files of vehicles registered with the county council of Middlesex ordinarily kept in the urban district of Potters Bar or the urban district of Staines and Sunbury-on-Thames, as the case may be.

The clerk of the county council of Essex, Hertfordshire, Kent or Surrey shall at such time as he thinks it appropriate but not later than 1st April 1966 send to the clerk to the Greater London Council the vehicle files of vehicles registered with the council ordinarily kept in Greater London.

(5) Any driving licence granted by a council specified in column (2) of the table in paragraph (3) to a person residing in an area specified in column (1) shall be deemed to have been granted by the council specified in column (3), and any application for a driving licence, or declaration on such application, made to the first-mentioned council by a person so residing shall have effect as if made to the council specified in column (3):

Provided that an applicant for the grant of a driving licence under section 101 of the Road Traffic Act 1960 and regulation 4 of the Motor Vehicle (Driving Licences) Regulations 1963 who resides in an area in Greater London which before 1st April 1965 was part of the county of Essex, Hertfordshire, Kent or Surrey shall, for the purposes of those provisions, in addition to residing in Greater London be deemed until 1st April 1966 to reside in such county, and accordingly either the Greater London Council or the county council of that county may act for the purposes of those provisions until that date, and any application for a driving licence, or declaration on such application, made to such county council by such applicant shall not be deemed to have effect as if made to any other council until 1st April 1966.

(6) Any driving licence issued to a person not resident in Great Britain in pursuance of regulation 22(1) of the Motor Vehicles (Driving Licences) Regulations 1963 by the London County Council, the county council of Middlesex or the council of the county borough of Croydon, East Ham or West Ham shall be deemed to have been issued by the Greater London Council.

(7) Any proceedings pending or existing at 1st April 1965 by, or against a council specified in column (2) of the table in paragraph (3) in respect of any vehicle ordinarily kept in an area specified in column (1) or in respect of an offence or alleged offence under section 7, 10(4), 12(9), 17 or 18 of the Vehicles (Excise) Act 1962 committed or alleged to have been committed by a person in such area, or in respect of an application for a driving licence made by a person residing at the time of that application in such area, or in respect of a refusal to grant or a revocation of licence in respect of such a person, shall not be prejudicially affected by reason of the Act, and may be continued, presecuted and enforced by, or against, the council specified in column (3).

(8) Any other proceedings pending or existing at 1st April 1965 in respect of an application for a driving licence made to the London County Council, the county council of Middlesex or the council of the county borough of Croydon, East Ham or West Ham, or in respect of a refusal to grant or a revocation of a licence by any such council, shall not be prejudicially affected by reason of the Act, and may be continued, prosecuted and enforced by, or against, the Greater London Council.

Hackney carriage and drivers' licences

22.  Any licence in respect of any hackney carriage or any driver of a hackney carriage issued by the council of the borough of Romford or the urban district of Hornchurch under the provisions of the Town Police Clauses Act 1847 as incorporated with the Public Health Act 1875 shall cease to have effect upon the grant under the Metropolitan Public Carriage Act 1869 of a licence in respect of such carriage or driver, but shall otherwise continue in force for the period for which it was granted.

Sewerage and sewage disposal

23.—(1) In this article—

“the Act of 1936” means the Public Health Act 1936;

“an agreement” means an agreement under section 28 of the Act of 1936 in force immediately before 1st April 1965, or in relation to paragraph (5) immediately before the sewer or sewage disposal works in question vests or vest in the Greater London Council;

“section 35” means section 35 of the Act;

“sewerage authority” has the same meaning as in Part II of the Act of 1936.

(2) The provisions of this article shall be without prejudice to the rights of the parties to an agreement to amend or dissolve that agreement.

(3) Where a sewer which by virtue of section 35 vests in a London borough council is the subject of an agreement in pursuance of which it communicates or may be made to communicate with a sewer, or discharges or may discharge into sewage disposal works, which on and after 1st April 1965 is or are vested in a sewerage authority other than that council, unless the other sewerage authority is the Greater London Council, the said agreement shall have effect on and after 1st April 1965, subject to the provisions of this article, as if the council in whom the first-mentioned sewer vests as aforesaid were substituted as a party thereto for the sewerage authority in whom such sewer was vested immediately before that date.

(4) Where a sewer or sewage disposal works which by virtue of section 35 vests or vest in a London borough council is or are the subject of an agreement in pursuance of which a sewer which on and after 1st April 1965 is vested in a sewerage authority other than that council communicates or may be made to communicate with the first-mentioned sewer or discharges or may discharge into the said sewage disposal works, the said agreement shall have effect, on and after 1st April 1965, subject to the provisions of this order, as if the council in whom the first-mentioned sewer or the said sewage disposal works vests or vest as aforesaid were substituted as a party thereto for the sewerage authority in whom that sewer or those works was or were vested immediately before that date.

(5) Where a sewer or sewage disposal works which vests or vest in the Greater London Council by virtue of section 35 is or are the subject of an agreement in pursuance of which a sewer vested in a sewerage authority other than the Greater London Council communicates or may be made to communicate with the first-mentioned sewer or discharges or may discharge into the said sewage disposal works, the said agreement shall—

(a)if that other sewerage authority is a London borough council, cease to have effect on the day when the first-mentioned sewer or the said sewage disposal works vests or vest in the Greater London Council;

(b)in any other case, have effect on and after that day as if the Greater London Council were substituted as a party thereto for the sewerage authority in whom the first-mentioned sewer or the said sewage disposal works was or were vested immediately before that day.

Trade effluent

24.—(1) In this article—

“the Act of 1937” means the Public Health (Drainage of Trade Premises) Act 1937;

“the Act of 1953” means the London County Council (General Powers) Act 1953;

“the Act of 1961” means the Public Health Act 1961;

“the Act of 1962” means the London County Council (General Powers) Act 1962;

“trade effluent” has the same meaning as in the Act of 1937.

(2) With respect to any discharge of trade effluent which immediately before 1st April 1965 is subject to conditions imposed under section 10 of the Act of 1953 the following provisions shall have effect on and after that date:—

(a)the provisions of sections 2 and 3 of the Act of 1937 shall not apply in relation to the discharge but for the purposes of section 1 of that Act consent to the discharge of trade effluent shall be deemed to have been given under the said section 2;

(b)conditions imposed under section 10 of the Act 1953 or section 7 of the Act of 1962 and charges imposed under section 5 of the Act of 1962 shall continue in force (whether or not they could have been imposed under the Act of 1937 or the Act of 1961) and, subject to the provisions of this order, may be enforced or recovered and varied by the Greater London Council as if they had been included in conditions attached to a consent given by that council under section 2 of the Act of 1937;

(c)with respect to the variation of such conditions and charges section 60 of the Act of 1961 shall have effect as if the words “under subsection (3) of section two of the Act of 1937” in subsection (1) thereof were omitted and as if the reference in subsection (2) thereof to the date of the consent were a reference to the date when the conditions imposed under section 10 of the Act of 1953 came into force;

(d)notwithstanding the provisions of paragraph (b), where immediately before 1st April 1965 particulars of such conditions and charges as are mentioned therein are, by virtue of the provisions of section 16 of the Act of 1953 or section 6 of the Act of 1962, included in any register of trade premises, they shall continue to be registered on and after that date and any register continued in operation by virtue of this paragraph shall remain subject to the provisions to which it is subject immediately before 1st April 1965 under subsection (3) of the said section 16 or, as the case may be, under subsection (5) of the said section 6.

(3) Where, in the case of any discharge of trade effluent which is not subject to conditions imposed under section 10 of the Act of 1953, charges imposed under section 5 of the Act of 1962 or conditions imposed under section 7 of that Act are in force with respect to that discharge immediately before 1st April 1965, such charges or conditions shall continue in force on and after that date (whether or not they could have been imposed under the Act of 1961) and, subject to the provisions of this order, may be enforced, recovered or varied by the Greater London Council as if the discharge of trade effluent were exempted under section 4(2) of the Act of 1937 and the charges or conditions had been imposed by that council under section 55 or 57 of the Act of 1961 by a direction given (in the case of charges) on the date on which the occupier of the premises in question was first required to pay the charges pursuant to section 5 of the Act of 1962 or (in the case of conditions) on the date on which notice of a direction imposing the conditions was given under section 7 of the Act of 1962.

(4) Where, immediately before 1st April 1965, particulars of such charges and conditions are, by virtue of the provisions of section 16 of the Act of 1953 or section 6 of the Act of 1962, included in any register of trade premises, they shall continue to be registered on and after that date, and any register continued in operation by virtue of this paragraph shall remain subject to the provisions to which it is subject immediately before 1st April 1965 under subsection (3) of the said section 16 or, as the case may be, under subsection (5) of the said section 6.

(5) Where immediately before 1st April 1965 there is in force with respect to the discharge of trade effluent from any premises in the sewerage area of the Greater London Council as constituted on 1st April 1965 any consent, direction, condition or charge duly given or imposed under the Act of 1937 or the Act of 1961, that consent, direction, condition or charge shall on and after that date be deemed to have been given or imposed as aforesaid by the Greater London Council.

(6) Where immediately before 1st April 1965 there is in force with respect to the discharge of trade effluent from any premises in Greater London outside the sewerage area of the Greater London Council as constituted on 1st April 1965 any consent, direction, condition or charge duly given or imposed under the Act of 1937 or the Act of 1961, that consent, direction, condition or charge shall on and after that date be deemed to have been given or imposed as aforesaid by the council of the London borough in which the premises in question are situate.

(7) Any agreement in force immediately before 1st April 1965 with respect to the discharge into a sewer of trade effluent from any premises in the sewerage area of the Greater London Council as constituted on 1st April 1965 duly made between the London County Council, the Common Council or the council of a metropolitan borough or county district and the owner or occupier of the premises shall on and after that date have effect (subject to any necessary modifications) as if it were an agreement duly made between the Greater London Council and such owner or occupier.

(8) Any agreement in force immediately before 1st April 1965 with respect to the discharge into a sewer of trade effluent from any premises duly made between the council of the county district in which the premises were then situated, the county council of Middlesex and the owner or occupier of the premises shall on and after that date have effect (subject to any necessary modifications) as if it were an agreement duly made between the council of the London borough or county district in which the premises are situated, the Greater London Council and such owner or occupier.

(9) Any agreement in force immediately before 1st April 1965 with respect to the discharge into a sewer of trade effluent from any premises in a part of Greater London which is not within the sewerage area of the Greater London Council as constituted on 1st April 1965 duly made between the council of the county district in which the premises were then situated and the owner or occupier of the premises shall on and after that date have effect (subject to any necessary modifications) as if it were an agreement duly made between the council of the London borough in which the premises are situated and such owner or occupier.

(10) Agreements made under section 7 of the Act of 1937 or section 11 of the Act of 1953 to which by virtue of the provisions of this article the council of a London borough or the Greater London Council becomes a party shall be deemed for the purposes of section 7(3) of the Act of 1937 to have been entered into by that council in pursuance of the said section 7.

(11) Where an area is first included in the sewerage area of the Greater London Council by virtue of an order under section 39(1)(b) of the Act which comes into operation after 1st April 1965 the following provisions shall have effect:—

(a)where immediately before the day when the order comes into operation there is in force with respect to the discharge of trade effluent from any premises in the area in question any consent, direction, condition or charge duly given or imposed under the Act of 1937 or the Act of 1961, that consent, direction, condition or charge shall on and after the said day be deemed to have been given or imposed as aforesaid by the Greater London Council;

(b)any agreement in force immediately before the said day with respect to the discharge into a sewer of trade effluent from any premises in the area in question duly made, or having effect as if made, between the council of a London borough or county district and the owner or occupier of the premises shall on and after the said day have effect (subject to any necessary modifications) as if it were an agreement duly made between the Greater London Council and such owner or occupier.

Dustbins for trade refuse

25.—(1) The council of an inner London borough may by notice require the occupier of any building within the borough, in respect of which they remove trade refuse or have been requested to remove trade refuse, to provide such number of covered dustbins for the reception of trade refuse of such material, size and construction as the council may approve. Any person aggrieved by a requirement of the council under this paragraph may appeal to a magistrates' court.

(2) Subsection (2) of section 75 of the Public Health Act 1936 shall apply to a notice under paragraph (1) as it applies to a notice under subsection (1) of the said section 75.

(3) The council of an inner London borough may, in lieu of requiring the occupiers of buildings to provide and maintain dustbins for the reception of trade refuse, undertake themselves to provide and maintain such dustbins as may be necessary, and, so long as such an undertaking is in force, the council may, if they think fit, make in respect of each dustbin provided by them such annual charge of reasonable amount as they may determine but not exceeding, in the case of a dustbin having a capacity not exceeding 3¼ cubic feet, the limit for the time being applicable, by virtue of section 8(3) of the Local Government (Miscellaneous Provisions) Act 1953, in respect of a dustbin provided under section 75(3) of the Public Health Act 1936. Such charge shall become due and shall be recoverable in the same manner as the charge provided for by section 75(3) of the Public Health Act 1936.

Housing

26.—(1) The general management, regulation and control of houses provided under Part V of the Housing Act 1957 transferred by the Act or the London Authorities (Property etc.) Order 1964 to any authority shall be vested in and exercised by such authority, and such authority may make such reasonable charges for the tenancy or occupation of the houses as they may determine.

(2) Any resolution passed or other proceeding taken under the Small Dwellings Acquisition Act 1899 or the Housing Acts 1957 to 1964 (including orders (other than compulsory purchase orders), notices, agreements, undertakings and demands made, given or entered into under those Acts) by the council of any county borough, metropolitan borough or county district abolished by section 3(1)(b) of the Act or the urban district council of Chigwell in relation to any house, building or land in a London borough shall have effect or be continued by the council of the London borough as if the resolution or proceeding has been passed or taken by them, and any reference in any such resolution or proceeding to a council abolished as aforesaid or to the urban district council of Chigwell shall be read as a reference to the council of the London borough.

Private street works

27.—(1)  The provisions of this article shall have effect in relation to any streets as respects which, as the result of the Act, the council of an outer London borough (in the article referred to as “the new street works authority” ) become the street works authority under Part IX of the Highways Act 1959 in place of the council of any county borough or county district (in this article referred to as “the former street works authority” ).

(2) In relation to any sum paid or secured under section 192 of the Highways Act 1959 before 1st April 1965 the new street works authority shall be the street works authority for the purposes of sections 192 to 198 of the said Act.

(3) Any notices given or proceedings taken by, or on behalf of, the former street works authority under the appropriate private street works code (as defined in section 213(3) of the said Act) in relation to the street shall not be affected by reason of the Act, and such proceedings, and any works commenced under the said code, may be continued and completed, in accordance with the provisions of the said code, by the new street works authority as if the said code had applied to them and they had given the notices, taken the proceedings or commenced the works.

(4) Where, at 1st April 1965, any works under the said code have been commenced but not completed in the street the new street works authority shall be entitled to recover—

(a)such of the expenses incurred by the former street works authority as that authority could have recovered under the said code, and

(b)such of the expenses incurred by themselves as the said authority could have recovered under the said code had they completed the works:

and the new street works authority shall have all such powers for the recovery of such expenses as they would have had if the said code had applied to them and they had executed the whole of the works, and all the provisions of the said code shall apply accordingly.

(5) Where, at 1st April 1965, any works under the said code have been completed in the street the new street works authority shall have all such powers for the recovery of the expenses incurred in the execution of the works as they would have had if the said code had applied to them and they had undertaken the works, and all the provisions of the said code shall apply accordingly.

Places of burial

28.—(1) Any burial ground maintained under the Burial Acts 1852 to 1906 transferred to the council of a London borough by the London Authorities (Property etc.) Order 1964 (hereinafter referred to as “the order of 1964”) shall be held by them as a cemetery under the Public Health (Interments) Act 1879

(2) Any such burial ground and any cemetery under the Public Health (Interments) Act 1879 so transferred shall be treated as if it were provided for the whole of the borough:

Provided that—

(a)any cemetery of the urban district council of Chislehurst and Sidcup transferred to the council of the London borough of Bexley or Bromley shall be treated as if it were provided for the whole of the London boroughs of Bexley and Bromley;

(b)the Bandon Hill cemetery transferred to the councils of the London boroughs of Croydon and Sutton shall be treated as if it were provided for the whole of such London boroughs.

(3) The burial ground maintained under the Burial Acts 1852 to 1906 by the Common Council shall be held by them as a cemetery under the Public Health (Interments) Act 1879.

(4) Any table of fees to be received by a burial authority (within the meaning of section 3 of the Burial Act 1900 as amended by section 3(2) of the Cremation Act 1952 in respect of services rendered by any minister of religion or sexton in any burial ground or cemetery to which paragraph (1), (2) or (3) applies in force immediately before 1st April 1965 shall remain in force notwithstanding the provisions of the Act, the order of 1964 and this article.

(5) Nothing in the Act, the order of 1964 or this article shall affect any right of burial or of constructing a place of burial which any person may have acquired prior to 1st April 1965 or prejudicially affect the amount of any fee, payment or sum in respect of interment in, or the right of erecting or placing any monument, gravestone, tablet or monumental inscription on, any grave or place of burial in respect of which any such right has been so acquired.

(6) Nothing in this article shall prejudicially affect any right, privilege, authority or duty exercisable by or attaching to any incumbent or sexton under the Burial Acts 1852 to 1906.

(7)  Articles 31 and 32 of the order of 1964 shall not apply to any burial ground or cemetery to which paragraph (1) or (2) applies.

Cremation fees and charges

29.  Any table of charges or fees for the burning of human remains in any crematorium transferred to a London borough council by the London Authorities (Property etc.) Order 1964 in force immediately before 1st April 1965 shall remain in force notwithstanding the provisions of the Act and the said order.

Victoria Park

30.  The management and control of Victoria Park exercised immediately before 1st April 1965 by the London County Council shall be exercised by the Greater London Council, and the said park shall be kept open and managed, maintained and repaired by the Greater London Council for the use of the public.

Functions under National Parks and Access to the Countryside Act 1949

31.—(1) Those parts of the definitive maps and statements under Part IV of the National Parks and Access to the Countryside Act 1949 which relate to an area described in column (1) of the following table shall be deemed to be the definitive map and statement for that area and to have been made by the authority specified in respect of such area in column (2).

(2) Section 34(3) of the said Act of 1949 shall not apply—

• to the first review of the definitive map and statement for a London borough;

• in so far as the urban district of Potters Bar or the urban districts of Staines and Sunbury-on-Thames are concerned, to the first review after 1st April 1965 of the definitive map and statement for the county of Hertfordshire or Surrey.

(3) Any arrangements made under section 89(3) of the said Act of 1949 in relation to land in Greater London shall have effect in favour of, or against, the Greater London Council:

Provided that the arrangements in relation to any land in any London borough shall have effect in favour of, or against, the council of the London borough if such council and the Greater London Council so agree or if the Minister, on the application of either such council, so determines.

Any such arrangements made by the county council of Middlesex in relation to land in the urban district of Potters Bar or the urban districts of Staines and Sunbury-on-Thames shall have effect in favour of, or against, the county council of Hertfordshire or Surrey, as the case may be.

(4) A council named in column (1) of the following table shall be entitled at all reasonable time to inspect and take copies of all plans or documents relating to any land in an area specified in respect of such council in column (2) which are in the possession or under the control of the council so specified in column (3) for the purposes of or in connection with the said Act of 1949, and the authority specified in column (3) shall supply such information and afford such assistance for the purposes of or in connection with the said Act as the council named in column (1) may reasonably require.

Borrowing

32.—(1) Where under the London Authorities (Property etc.) Order 1964 or any adjustment made in consequence of the Act any liability or part of a liability charged indifferently on all the revenues, lands, rents and property of the London County Council, or by virtue of this article on all the revenues, lands, rents and property of any other public body, is transferred to any other public body, the liability or part of the liability shall be charged indifferently on all the revenues, lands, rents and property of the public body to whom it is transferred and shall cease to be a charge on any revenues, lands, rents and property of the public body from whom it is transferred.

In this article, “public body” and “revenues” have the same meaning as in the Local Government Act 1933.

Article 37 of the London Authorities (Property etc.) Order 1964 shall not apply to any liability or part of a liability to which this article applies.

(2) In the Local Authorities (Stock) Regulations 1934 (24), in article 2(1), in the definition of “Local Authority”, for “other than the London County Council” there shall be substituted “the Greater London Council” .

In the application of the said Regulations to the Greater London Council—

(a)the proviso to article 14(2) shall be omitted;

(b)for article 40 there shall be substituted—

“Unclaimed Stock

40.—(1) If at the end of the period within which any stock is required to be extinguished the Greater London Council, by reason of the holder of any such stock not being forthcoming, or by reason of any doubt as to the ownership of any such stock, are unable to redeem, extinguish and cancel such stock as required by these regulations, the Greater London Council shall carry to their consolidated loans fund a sum equal to the nominal value of all such stock as cannot be redeemed by reason as aforesaid, such sum to be dealt with as hereinafter prescribed, and thereupon such stock shall be deemed to have been extinguished.

(2) If before the end of the period within which any stock is required to be extinguished the Greater London Council have extinguished all the stock, except such as cannot be redeemed as aforesaid, the Greater London Council may carry to their consolidated loans fund a sum equal to the nominal value of all such stock as cannot be redeemed as aforesaid, such sum to be dealt with as hereinafter prescribed, and thereupon such stock shall be deemed to have been extinguished.

(3) Any sums carried by the Greater London Council to their consolidated loans fund as aforesaid shall, unless applied in satisfaction of a claim in respect of the stock represented by the same, be kept in the fund for a period of ten years, after which time the Greater London Council may apply the amount and any interest thereon in such manner as they think fit, without prejudice, nevertheless, to the rights of any person to the said sums or any part thereof.”.

(3) The Greater London Council may, prior to the passing of the Bill for the annual money Act for the financial period 1st April 1965 to 30th September 1966 to be promoted by them—

(a)expend on capital account for such purposes as may be mentioned in the Bill as presented to the House of Commons such sums as the Council think fit not exceeding the amounts specified in the Bill in relation to those purposes for the first twelve months of the said financial period; and

(b)lend to persons of any class specified in the Bill as so presented such sums as the Council think fit not exceeding the amounts specified in the Bill in relation to loans to persons of that class for the said first twelve months.

Paragraph 27(5), (6) and (7) of Schedule 2 to the Act shall apply to money lent under this paragraph.

Paragraph 29 of Schedule 2 to the Act shall have effect until the passing of the Bill described in this paragraph as if, after the words “an annual money Act” there were inserted the words “or by the London Government Order 1965”.

Accounts relating to parking meters

33.—(1) Paragraphs (2) to (4) shall apply to any London borough council named in column (2) of Schedule 4 where an authority or authorities specified in respect of such council in column (1) kept, on 31st March 1965, an account under section 89 of the Road Traffic Act 1960.

(2) Any consent to the carrying forward in such account of any amount given by the Minister of Transport under subsection (2) of the said section to an authority specified as aforesaid shall have effect as if it had been given to the London borough council.

(3) The purposes to which any surplus in the account kept by the London borough council under the said section are to be applied shall include the making good to the general rate fund of the council of any amounts charged under subsection (2) of the said section to the general rate fund of an authority specified as aforesaid in the four years immediately preceding the financial year in question.

(4) In the application of subsection (5) of the said section the reference to the date when the local authority first keep an account required by subsection (1) shall be treated as a reference to the date when an authority specified in column (1) as aforesaid first kept such an account.

Amalgamation of capital, and renewal and repairs, funds

34.—(1)  This article shall apply to the Greater London Council or a London borough council on the establishment by such council of a capital fund or a renewal and repairs fund under section 1 of the Local Government (Miscellaneous Provisions) Act 1953 (in this article referred to as “the new capital fund” of “the new renewal and repairs fund”, as the case may be).

(2) Any capital fund transferred to the council by the London Authorities (Property etc.) Order 1964 shall be amalgamated with the new capital fund, and accordingly—

(a)all moneys in or standing to the credit of such fund shall form part of or stand to the credit of the new capital fund;

(b)any amount which, but for the provision of this paragraph, would fall to be paid or credited to such fund under the provisions of any enactment shall, subject to the provisions of section 2(2) of the said Act, be paid into the new capital fund.

(3) Any renewal and repairs fund so transferred to the council shall be amalgamated with the new renewal and repairs fund, and accordingly—

(a)all moneys in or standing to the credit of such fund shall form part of or stand to the credit of the new renewal and repairs fund;

(b)any amount which, but for the provision of this paragraph, would fall to be paid or credited to such fund under the provisions of any enactment shall, subject to the provisions of section 3(2) of the said Act, be paid into the new renewal and repairs fund.

Differential rating

35.  For the years 1965–66 to 1967–68 the council of the London borough of Barnet may levy upon hereditaments in the part of the borough which was before 1st April 1965 comprised in the urban districts of Barnet and East Barnet rates in excess of the amounts per pound of rateable value specified in the resolutions as respects the making of the rates, and upon hereditaments in the remainder of the borough rates less than such amounts, but so that the difference between the said rates shall not exceed—

• in the year 1965–66 … 1s. 6d.

• in the year 1966–67 … 1s. 0d.

• in the year 1967–68 … 6d.

Nothing in this article shall affect the rates levied on any hereditaments which the Eastern and North Thames Gas Boards, the Central Electricity Board and the Eastern Electricity Board are to be treated as occupying in the borough in the years mentioned.

Repayments in respect of compensation

36.  If any sum is paid by the county council of Essex, Hertfordshire, Kent or Surrey as compensation in respect of loss of employment, or loss or diminution of emoluments, which is attributable to any provision of the Act or of any instrument made under the Act, the Greater London Council shall repay such proportion of such sum as may be agreed between them and such county council, or, failing such agreement, as may be determined by an arbitrator appointed by agreement between them and such county council or, in default of agreement, by the Minister.

Parish books, etc

37.—(1) The public books, writings and papers of a parish named in column (1) of the following table (except any such document containing entries wholly or in part relating to the affairs of the church or to ecclesiastical charities or to parochial non-ecclesiastical charities) and all documents directed by law to be kept therewith shall be deposited in such custody as may be agreed between the London borough councils specified in respect of such parish in column (2) or, failing such approval and agreement, as may be directed by the Minister.

(2) Any ratepayer, inhabitant, incumbent or churchwarden of the area of a parish named in column (1) of the table in paragraph (1) or of the area of the parish of Chigwell to be comprised in the London borough of Redbridge shall at all times be entitled to the rights to which he would have been entitled if this order had not been made of inspecting and making extracts from such books, documents, writings and papers of such parish as are referred to in paragraph (1)

Honorary freemen

38.  Any person who immediately before 1st April 1965 has been admitted to be an honorary freeman of a borough or metropolitan borough named in column (1) of the following table shall be an honorary freeman of the London borough specified in respect of such borough or metropolitan borough in column (2).

Minutes of last meetings of councils and committees

39.—(1) Minutes of the proceedings of the last meeting of a council abolished by section 3(1)(b) of the Act, or of the last meeting of a committee of such council, may be signed by the person who presided thereat in accordance with paragraphs (2) and (3), and—

(a)any minute purporting to be so signed shall be received in evidence without further proof;

(b)until the contrary is proved, the meeting in respect of the proceedings whereof a minute has been made and so signed shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been duly qualified, and where the proceedings are proceedings of a committee, the committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.

(2) Minutes of the proceedings of the last meeting of a council abolished by section 3(1)(b) of the Act may be signed as aforesaid if within the seven days following the transmission to every member of the council of a copy of the minutes and of a notification of the purport of paragraph (1) and this paragraph the person who presided at the meeting has not been notified in writing by any such member that he objects to the signing of the minutes.

(3) Minutes of the proceedings of the last meeting of a committee of a council abolished by section 3(1)(b) of the Act may be signed as aforesaid if within the seven days following the transmission to every member of the committee of a notification of the purport of paragraph (1) and this paragraph, with a copy of the minutes or information as to the availability of a copy for inspection, the person who presided at the meeting has not been notified in writing by any member of the committee that he objects to the signing of the minutes.

Compulsory purchase orders

40.—(1) Any order authorising the compulsory acquisition of land by a council abolished by section 3(1)(b) of the Act, the county council of Essex, Hertfordshire, Kent or Surrey, the Common Council or the urban district council of Chigwell (whether confirmed before the coming into operation of this order or submitted for confirmation before or after such coming into operation) may be amended by the Minister by whom it was confirmed, or by whom it falls to be confirmed, by the substitution—

• as the authority to be authorised to acquire the land comprised therein, of one or more of the following councils, namely the Greater London Council, the London borough councils, the Common Council and the county councils of Hertfordshire and Surrey;

• as the Act under which the compulsory acquisition is authorised, in the case of any enactment repealed by the Act or an order made under sections 84 and 87 of the Act, of any other enactment,

and thereafter the order shall have effect, or be considered and if confirmed have effect, accordingly.

(2) A compulsory purchase order made by a council abolished by section 3(1)(b) of the Act which has not been submitted to a Minister for confirmation before 1st April 1965 may be so submitted by the Greater London Council, a London borough council or the Common Council, and any action which requires to be taken prior to submission of the order which has not already been taken shall be taken by such council.

Certificates of appropriate alternative development

41.—(1) Any certificate issued under section 17 of the Land Compensation Act 1961 or having effect as if so issued before 1st April 1965 by the London County Council, the county council of Middlesex, Essex, Hertfordshire, Kent or Surrey or the council of the county borough of Croydon, East Ham or West Ham in respect of any land in an area specified in column (1) of the following table shall have effect as if issued by the council specified in respect of such area in column (2).

(2) Any application for a certificate under the said section made before 1st April 1965 to an authority described in paragraph (1) in respect of any land in an area specified in column (1) shall have effect as if made to the council specified in respect of such area in column (2).

Contracts for sale of land

42.  Where any contract for the sale of land was entered into by the London County Council or by a metropolitan borough council before 1st April 1965, the land may be sold by the authority to whom it has been transferred by or under the Act as if the consent of the Minister were not necessary.

Matters of general administration

43.—(1) The provisions of this article have effect subject to the provisions of the Act, this order or any other order made under section 84 of the Act, and the provision made by this article in relation to any matters shall not apply in so far as express provision in respect to any of such matters is made by this order or any other order made as aforesaid.

(2) Any instrument which has been submitted to a Minister for confirmation before 1st April 1965 by a council abolished by section 3(1)(b) of the Act, the county council of Essex, Hertfordshire, Kent or Surrey, the Common Council or the urban district council of Chigwell may be amended by such Minister by the substitution of references to one or more of the following areas, namely Greater London, the London boroughs, the City and the counties of Hertfordshire and Surrey, or of references to one or more of the councils for such areas, and thereafter the instrument may be considered and if confirmed shall have effect accordingly.

(3) Any authorisation to enter premises issued by any authority to any officer transferred by or under the London Authorities (Staff) Order 1965(25) to the employment of any authority shall have effect as if it had been issued by such authority.

(4) The Greater London Council, a London borough council, the county council of Essex, Hertfordshire, Kent or Surrey, the Common Council or the urban district council of Chigwell may incur expenditure consequential on any provision of the Act or of any order made under section 84 of the Act.

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

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

(a)in article 6(1) —

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

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

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

(i)foot bridges and pedestrian subways;

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

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

(iv)sand bins;

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

(iii)at the end there shall be added—

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

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

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

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

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

(d)in article 11 there shall be added—

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

(e)in article 12(1)—

(i)there shall be inserted—

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

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

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

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

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

of

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

(h)in article 22 after “the first-mentioned area” there shall be inserted “reduced by the product of a rate of a penny in the pound on any gas hereditament or electricity hereditament within the meaning of the Rate-product Rules 1959(26)”;

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

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

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

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

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

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

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

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

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

the urban districts of Staines and Sunbury-on-Thames

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

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

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

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

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

Amendment of London Authorities (Staff) Order 1965 and provision as to particular staff

45.—(1) In the London Authorities (Staff) Order 1965—

(a)in article 5(1) there shall be added—

“Provided that the Common Council or the council of any county borough, metropolitan borough or county district abolished by section 3(1)(b) of the Act may with the agreement of any person employed in the removal or disposal of refuse and of the Greater London Council except such person from this paragraph.”;

(b)in article 5(3) there shall be added—

“The Minister may give directions to the said councils of London boroughs to ensure that all officers of the said councils of metro-politan boroughs are transferred to the employment of the said councils of London boroughs, and such directions shall be deemed to be included in the scheme made under this paragraph.”;

(c)in article 14, for “and the county councils of Essex, Hertfordshire, Kent and Surrey” there shall be substituted “,the county councils of Essex, Hertfordshire, Kent and Surrey and the urban district councils of Potters Bar, Staines and Sunbury-on-Thames”; and

(d)Schedule 3 shall be extended by the inclusion of Schedule 6 to this order.

(2) In the case of any school maintained immediately before 1st April 1965 by a local education authority who in consequence of the Act will not continue to maintain it on and after that date, a local education authority shall not take any action whereby the terms and conditions of employment of any person employed by the managers or governors of the school are less favourable than those he enjoyed immediately before 1st April 1965.

(3) For the purposes of any regulations from time to time in force under the Police Pensions Act 1948 or under section 34(2)(e) of the Police Act 1964 (and in particular of regulation 59 of the Police Pensions Regulations 1962 (27) or any provision replacing that regulation) in their application to persons who are transferred to the metropolitan police force or become special constables for the metropolitan police district under the London Authorities (Staff) Order 1965, the metropolitan police force, the police authority for the metropolitan police district and the metropolitan police fund shall be deemed to be the same force, authority and fund respectively as the police force, police authority and police fund for the county of Essex, and a special constable shall be deemed to have been appointed a special constable for the metropolitan police district on the day on which he was last appointed a special constable for the county of Essex.

(4) A person appointed a coroner for Greater London, exclusive of the City of London, the Inner Temple and the Middle Temple, to hold office from 1st April 1965 who was immediately before that date holding office as a coroner for the county of London, Middlesex, Essex, Hertfordshire, Kent or Surrey or the county borough of Croydon, shall be entitled to reckon as service for the purpose of section 6 of the Coroners (Amendment) Act 1926 in its application to Greater London his service as a coroner in such county or county borough.

(5) Subject to the provisions of section 121 of the Local Government Act 1933, nothing in Part IV of that Act shall affect the salary or tenure of office of any officer of the London County Council or the council of a metropolitan borough holding office on 13th July 1939.

Article 3

SCHEDULE 1Repeal of Enactments

SCHEDULE 2Provisions of Middlesex Acts continued in Urban Districts of Potters Bar, Staines and Sunbury-on-Thames

Article 5

PART 1

Provisions continued in Urban District of Potters Bar.

PART II

Provisions continued in Urban District of Staines.

PART III

Provisions continued in Urban District of Sunbury-on-Thames.

Articles 6, 7 and 8

SCHEDULE 3ADOPTIVE ACTS ORDERS UNDER THE PUBLIC HEALTH ACTS, ETC. PARISH COUNCIL POWERS

PART I

PART II

The area of the metropolitan borough of Wandsworth included in the London borough of Lambeth

The area of the metropolitan borough of Woolwich included in the London borough of Newham

The area of the borough of Barking included in the London borough of Newham

The area of the borough of Dagenham included in the London borough of Redbridge

The area of the urban district of Chigwell included in the London borough of Redbridge

The area of the urban district of Chislehurst and Sidcup included in the London borough of Bromley

Articles 19 and 33

SCHEDULE 4REGISTRATION ACCOUNTS RELATING TO PARKING METERS

Article 44

SCHEDULE 5

PART IExtension of Schedule 4 to London Authorities (Property etc.) Order 1964

PART IIExtension of Schedule 5 to London Authorities (Property etc.) Order 1964

Article 45

SCHEDULE 6Extension of Schedule 3 to London Authorities (Staff) Order 1965

EXPLANATORY NOTE

This Order makes miscellaneous incidental, consequential, transitional and supplementary provision in relation to Greater London and the areas of the county of Middlesex added to Hertfordshire and Surrey. The provision includes—