London Government Act 1963
- (1) During any such financial period as aforesaid the Council may lend to persons of any class mentioned in the next following sub-paragraph such sums as the Council think fit not exceeding the amounts specified in the relevant annual money Act in relation to loans to persons of that class for the first twelve months and the last six months respectively of that period.
- (2) The classes of persons referred to in the foregoing sub-paragraph are—
- (a) the London borough councils ;
- (b) any other persons having power to levy or to issue a precept for a rate within Greater London or to make any charge on a rate leviable within Greater London or to take or charge within Greater London any due or imposition in the nature of a rate ;
- (c) the governors or managers of educational institutions, including special or approved schools ;
- (d) committees of school treatment centres ;
- (e) the governors or committees of voluntary hostels, homes or other establishments ;
- (f) persons desiring to borrow money under the Small Dwellings Acquisition Acts 1899 to 1923 or the Housing (Financial Provisions) Act 1958 ;
- (g) persons of any other class specified in the relevant annual money Act.
- (3) In addition to any other money which the Council are authorised by an annual money Act to lend to any class of persons in the last six months of a financial period, the Council may also lend to any persons of that class during those six months any money which the Council are by that Act authorised to lend but have not lent to persons of that class in the first twelve months of that period.
- (4) A loan made under this paragraph during the last six months of a financial period shall be treated as a loan made on account of the financial year comprising those six months.
- (5) Subject to the provisions of any enactment relating to the borrowing powers of the person concerned, any person shall have power to borrow from the Council any money which the Council are by virtue of the foregoing provisions of this paragraph authorised to lend to that person.
- (6) Money lent under this paragraph shall be repaid to the Council with interest within such period as the borrower (with the consent of the Minister where his consent is necessary to the borrowing) and the Council may agree, but the period shall not exceed—
- (a) in the case of money lent to a person borrowing as mentioned in sub-paragraph (2)(f) of this paragraph, eighty years ;
- (b) in any other case, sixty years.
- (7) Money lent under this paragraph may be made repayable either in one sum or by instalments or by a series of equal annual or other instalments comprising both principal and interest or otherwise as may be agreed between the Council and the borrower.
- (8) Where the Council lend money to a person whose power to borrow is subject to the consent of the Minister, the consent of the Minister to the borrowing of the money shall be conclusive evidence that that person had power to borrow the money at the time when the consent was given.
28
- (1) If the whole of the amount authorised by an annual money Act to be expended for any authorised purpose in the first twelve or last six months of the relevant financial period aforesaid is not required to be so expended, the Council may with the approval of the Treasury expend for any other authorised purpose in those twelve or, as the case may be, six months (in addition to the amount authorised in relation to that other purpose) an amount not exceeding the unexpended portion of the first-mentioned amount.
- (2) If by reason of unforeseen circumstances the amount authorised by an annual money Act to be expended for any authorised purpose in the first twelve or last six months of the relevant financial period aforesaid is found to be insufficient, the Treasury may on the application of the Council authorise the Council to expend for that purpose such further sums as it is shown to the satisfaction of the Treasury to be necessary or desirable for the Council so to expend, not exceeding in the aggregate such amount as may be authorised in that behalf by that Act in relation to those twelve or, as the case may be, six months.
- (3) In ascertaining for the purposes of paragraph 26(2) or 27(3) of this Schedule the amount which may be expended for any authorised purpose in the last six months of the financial period aforesaid to which an annual money Act relates, there shall be taken into account the extent to which the sum authorised to be expended for that purpose in the first twelve months of that period has been expended under sub-paragraph (1) of this paragraph for any other authorised purpose.
- (4) The provisions of paragraph 27(6) to (8) of this Schedule shall apply to any loan under this paragraph as they apply to any loan under that paragraph.
- (5) In this paragraph references in connection with an annual money Act to expenditure for an authorised purpose are references to expenditure—
- (a) on capital account for a purpose mentioned in that Act; or
- (b) on loans to persons of a class either mentioned in paragraph 27(2)(a) to (f) of this Schedule or specified in that Act.
29
Notwithstanding anything in section 195 of the Local Government Act 1933, the Council may borrow money for the purpose of expenditure on capital account or on lending if, but only if, the expenditure is authorised by an annual money Act; and where any such expenditure is so authorised the consent of the sanctioning authority within the meaning of Part IX of the said Act of 1933 shall not be required to any borrowing for the purpose thereof.
Insurance fund
30
- (1) The Council may establish a fund (in this paragraph referred to as “the insurance fund”) to be available for making good such losses, damages, costs and expenses as may from time to time arise in respect of such risks as the Council may determine (in this paragraph referred to as “the specified risks”).
- (2) The establishment of the insurance fund shall not prevent the Council from insuring in any insurance office in the United Kingdom against the whole or any part of the specified risks.
- (3) The Council shall in respect of each year after the establishment of the insurance fund pay into that fund such sum as they think necessary not exceeding the aggregate of—
- (a) a sum which in their opinion would be the aggregate amount of the premiums which would be payable during the year if the Council were fully insured against the specified risks in an insurance office in the United Kingdom ; and
- (b) a sum equal to the amount of any income arising from the fund which is carried to the general London account of the Council's general fund under sub-paragraph (6) of this paragraph ;
but so long as the insurance fund amounts to or exceeds a sum which in the opinion of the Council is reasonably necessary to cover the specified risks the Council may if they think fit discontinue the yearly payments required by this sub-paragraph.
- (4) The amount by which any sum paid into the insurance fund in respect of any year exceeds the sum referred to in sub-paragraph (3)(b) of this paragraph may at the discretion of the Council be provided from the respective revenues, funds or rates which, if the specified risks were insured in an insurance office, would be properly chargeable with the payment of the premiums on that insurance or may be provided as a payment for general London purposes.
- (5) Pending the application of the insurance fund for the purposes authorised by this paragraph, the moneys in the fund shall, unless applied in any other manner authorised by any enactment, be invested in any investment for the time being authorised by law for the investment of trust property ; and sections 1 to 6 of the Trustee Investments Act 1961 shall apply in relation to the power of investment conferred on the Council by this sub-paragraph as if the Council were trustees and the insurance fund were trust property.
- (6) Any income arising from the investment of money in the insurance fund or otherwise from the application of that fund shall be credited to the general London account of the Council's general fund.
- (7) If at any time the insurance fund is insufficient to make good any losses, damages, costs or expenses arising in respect of any specified risk, the Council shall make good the deficiency as a payment for general London purposes and may for that purpose borrow money.
- (8) Where the Council insure against any risk in any insurance office in the United Kingdom, the Council may if they think fit pay out of the insurance fund any premiums payable in respect of that insurance; but no such premium shall be so paid if in consequence of the payment the fund would be reduced to less than the sum which in the opinion of the Council is reasonably necessary to cover the specified risks.
- (9) Any covenant or obligation binding on the Council to insure against any risk shall, except in so far as the terms of the covenant or obligation otherwise specifically provide, be deemed to be satisfied by a determination by the Council that that risk shall be a specified risk.
- (10) Without prejudice to the generality of the last foregoing sub-paragraph, where the effecting by the Council of an insurance in respect of any risk would satisfy any obligation imposed on the Council by section 119(1) of the Local Government Act 1933, a determination by the Council that that risk shall be a specified risk shall be deemed to satisfy that obligation.
- (11) References in this paragraph to insurance in an insurance office in the United Kingdom shall be deemed to include references to insurance with an underwriter carrying on business in the United Kingdom.
Extension of certain provisions to Council
31
The Council shall be a local authority within the meaning of the following enactments—
- (a) the Ferries (Acquisition by Local Authorities) Act 1919 ;
- (b) section 1 of the Local Authorities (Publicity) Act 1931 ;
- (c) the Electricity Act 1947 ;
- (d) sections 111 (1) (g), 130 and 136 of the Local Government Act 1948;
- (e) the Gas Act 1948 ;
- (f) section 454 of the Income Tax Act 1952 ;
- (g) section 1 of the Trading Representations (Disabled Persons) Act 1958 ;
and the following enactments shall apply to the Council as if they were the council of a county, that is to say—
- (i) Part VI and section 129 of the Local Government Act 1948 ;
- (ii) sections 1 to 3 of the Local Government (Miscellaneous Provisions) Act 1953 ;
- (iii) the Local Authorities (Expenses) Act 1956 ;
- (iv) the Litter Act 1958.
SCHEDULE 3
PART I — Provisions as to Elections
Constituencies and returning officers for parliamentary elections
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
- (1) On and after 1st April 1965 the returning officer for a parliamentary election for any county constituency situated wholly or partly in Greater London shall be the mayor of such London borough, or such sheriff of a county, mayor of a borough or chairman of the council of an urban district outside Greater London, as the Secretary of State may determine.
- (2) Until 1st April 1965 the returning officer for a parliamentary election for any constituency situated wholly or partly in Greater London shall be the person who would by virtue of the Representation of the People Act 1949 have held that office apart from the changes of administrative areas effected by this Act.
Registration of electors
3
- (1) On and after 1st April 1965 the registration officer for a county constituency situated wholly or partly in Greater London shall be the clerk of the authority of such London borough, or of such county, borough or urban district outside Greater London, as the Secretary of State may determine.
- (2) Until 1st April 1965 the registration officer for any constituency situated wholly or partly in Greater London shall be the person who would by virtue of the Representation of the People Act 1949 have held that office apart from the changes of administrative areas effected by this Act.
4
- (1) Subject to the provisions of this paragraph and paragraph 5 of this Schedule—
- (a) as respects any areas in Greater London, the registers of parliamentary and local government electors which are, or apart from the said paragraph 5 would be, required by the Representation of the People Acts to be published not later than 15th February in the years 1964 and 1965 ; and
- (b) as respects any administrative areas outside Greater London which are affected by Part I of this Act, the registers of parliamentary and local government electors required as aforesaid to be published not later than 15th February 1965,
shall be prepared and published on the basis that the changes of administrative areas (including the abolition of existing local government areas and the transfer of certain urban districts from one county to another) effected by Part I of this Act had all taken place on the passing of this Act; and in any provision of those Acts or of regulations thereunder relating to the registration of electors, corrupt and illegal practices lists and polling districts, references to local government areas and electoral areas shall, so far as concerns those registers, be construed as references respectively to the local government areas as they will exist as from 1st April 1965 and to the electoral areas in those local government areas.
- (2) The foregoing sub-paragraph shall not affect—
- (a) the provisions of the Representation of the People Act 1949 or paragraph 3(2) of this Schedule with respect to the office of registration officer ;
- (b) the areas for which jurors books are to be prepared under the Juries Acts 1825 to 1954 ;
- (c) the exercise of any powers conferred by section 11, 25 or 37 of the Local Government Act 1933 or section 84 of, or Schedule 1 or 2 to, this Act.
5
- (1) If it appears to the Secretary of State that any electoral area in Greater London for which councillors are elected to a London borough council will not be ascertained in time for the registers of parliamentary and local government electors for any constituency or local government area comprising that electoral area to be published in compliance with regulations under section 42 of the Representation of the People Act 1949 by 15th February 1964 (being the time required by section 1 of the Electoral Registers Act 1949), he may by order provide for the registers for that constituency or local government area to be published by such later date in 1964 as may be specified in the order; and subsection (6) of the said section 1 (which provides for continuing old registers in force where the new register is not published in the time required by that section and for determining the qualifying date for elections held on the old register) shall apply accordingly where those registers are not published before 15th February 1964.
- (2) Any order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Provision as to local government elections before 1st April 1965
6
- (1) No election of councillors of the county of London or of Middlesex or of any existing county borough, metropolitan borough, non-county borough or urban district situated wholly within Greater London shall be held after the date of the passing of this Act, except an election to fill a casual vacancy in an office where before that date the office has been declared to be vacant or notice of the vacancy has been given under section 67(1) of the Local Government Act 1933 or section 42(1) of the London Government Act 1939 ; and any such councillor holding office immediately before that date or elected on or after that date to fill a casual vacancy occurring before that date shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until 1st April 1965.
- (2) As respects any such county or borough—
- (a) no ordinary election of aldermen shall be held after the passing of this Act;
- (b) any alderman whose term of office would apart from this Act have expired between the passing of this Act and 1st April 1965 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until that date; and
- (c) any casual vacancy occurring before 1st April 1965 in the office of alderman need not be filled unless the county or borough council so resolve.
- (3) It shall not be necessary to fill any casual vacancy occurring during March 1965 in the office of—
- (a) chairman of the London or Middlesex county council;
- (b) mayor of any borough mentioned in sub-paragraph (1) of this paragraph ;
- (c) chairman of the council of any urban district so mentioned.
7
As respects the counties of Essex, Kent and Surrey the ordinary election of county councillors due (apart from this paragraph) to take place in April 1964 shall be postponed until such date in 1965 as the Secretary of State may by order specify in relation to the county in question, and—
- (a) the county councillors and county aldermen due (apart from this paragraph) to retire on the ordinary day of retirement in 1964 or at the annual meeting of the county council in 1964, as the case may be, shall (unless they resign their offices or their offices otherwise become vacant) continue to hold office until the day in 1965 on which the county councillors elected at the postponed elections in that year come into office ;
- (b) the county councillors elected at those postponed elections shall retire on the ordinary day of retirement of county councillors in 1967;
- (c) on the said day in 1965 all the county aldermen shall retire and, of the aldermen elected at the postponed elections in that year, one half as near as may be of their number, being those elected by the smallest number of votes, shall retire immediately after the ordinary election of county aldermen in 1967 and the remainder shall retire immediately after the ordinary election of county aldermen in 1970 ;
- (d) if it is necessary for the purposes of the last foregoing sub-paragraph to decide the order of retirement of two or more county aldermen who received an equal number of votes, the question shall be determined by drawing lots at, and under the direction of the person presiding at, the annual meeting of the county council in 1965.
8
For the purpose of determining the date of the annual meeting, in 1964 of the council of any county or borough mentioned in paragraph 6 or 7 of this Schedule—
- (a) in the case of any such county, 1964 shall be deemed not to be a year of election ; and
- (b) in the case of any such county borough or non-county borough, as well as of the metropolitan boroughs, paragraph 2(2)(b) of Schedule 6 to the Representation of the People Act 1948 shall have effect as if the reference to the day of election were a reference to the day of election in all other boroughs in England and Wales.
9
At the ordinary elections of councillors of the county of Hertfordshire and of the urban district of Chigwell due to take place in 1964, no councillors shall be elected for any electoral area situated wholly or partly in Greater London, and any such councillor elected for any such electoral area and holding office immediately before the passing of this Act shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until 1st April 1965.
10
No election to fill any casual vacancy in the office of councilor of—
- (a) any county mentioned in paragraph 7 or 9 of this Schedule; or
- (b) the urban district of Chigwell,
shall be held after the date of the passing of this Act for any electoral area situated wholly or partly in Greater London, unless before that date the office has been declared to be vacant or notice of the vacancy has been given under section 67(1) of the Local Government Act 1933 ; and any such councillor elected for any such electoral area on or after that date to fill a casual vacancy occurring before that date shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until 1st April 1965.
11
It shall be the duty of the Essex, Kent and Surrey county councils as soon as may be after the passing of this Act to take into consideration the boundaries and numbers of the electoral divisions and numbers of county councillors for their respective county review areas with a view to making a representation under section 11 of the Local Government Act 1933, and if any of those councils fails to carry out the said duty the Secretary of State may himself take those matters into consideration and make proposals with respect thereto ; and subsections (3) to (7) of that section shall apply to proposals made by the Secretary of State under this paragraph as they apply to representations made by the council of a county district under that section.
12
The provisions of paragraphs 6 to 11 of this Schedule shall have effect notwithstanding anything in the Local Government Act 1933, the London Government Act 1939 or section 57 of, or Schedule 6 to, the Representation of the People Act 1948.
Conduct of elections of London borough councillors
13
- (1) The Representation of the People Acts shall apply to an election of London borough councillors as they apply to an election of other borough councillors subject, however, to the provisions of this paragraph and Parts II and III of this Schedule and subject also, in the case of the local elections rules in Schedule 2 to the Representation of the People Act 1949, to such adaptations, alterations and exceptions as may be made by rules made by the Secretary of State under this paragraph.
- (2) The returning officer at an election of London borough councillors shall be—
- (a) if the election is held before 1st April 1965, the clerk of such authority as may be designated by the Secretary of State ;
- (b) if the election is held on or after that date, the town clerk of the borough.
- (3) The returning officer at any such election may by writing under his hand appoint a fit person to be his deputy for all or any of the purposes of the election, and any functions which a returning officer is authorised or required to discharge in relation to the election may be discharged by a deputy so appointed.
- (4) The provisions of the Representation of the People Act 1949 with respect to the functions of the returning officer at an election of metropolitan borough councillors shall apply to the election of London borough councillors, but any other provision of that Act which makes special provision with respect to the election of metropolitan borough councillors shall cease to have effect.
- (5) Any rules made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Conduct of elections of councillors of Greater London Council
14
- (1) The Representation of the People Acts shall apply to an election of a councillor of the Greater London Council as they apply to an election of a county councillor subject, however, to the provisions of this paragraph and Parts II and III of this Schedule and subject also, in the case of the local elections rules in Schedule 2 to the Representation of the People Act 1949, to such adaptations, alterations and exceptions as may be made by rules made by the Secretary of State under this paragraph.
- (2) The returning officer at an election of a councillor of the Greater London Council shall be—
- (a) if the election is held before 1st April 1965, the clerk of such authority as may be designated by the Secretary of State ;
- (b) if the election is held on or after that date, the town clerk of the borough which constitutes or includes the electoral area for which the election is held or, in the case of the electoral area which includes the City and the Temples, the town clerk of the London borough numbered 1 in Part I of Schedule 1 to this Act.
- (3) The returning officer at any such election may by writing under his hand appoint a fit person to be his deputy for all or any of the purposes of the election, and any functions which a returning officer is authorised or required to discharge in relation to the election may be discharged by a deputy so appointed.
- (4) Any rules made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Combined polls, polling districts and election notices for London borough and Greater London elections
15
After 1964 the ordinary election of councillors of the Greater London Council shall be held in 1967 and each third year thereafter and the ordinary day of election of such councillors shall—
- (a) in any year of election after 1964 and before the relevant year of election be the day fixed for the purpose for that year by the Secretary of State ;
- (b) in the relevant year of election and each subsequent year of election be the day fixed for that year by the Secretary of State as the day of election of borough councillors in England and Wales.
16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18
Without prejudice to section 34 of the Representation of the People Act 1949, any notice required to be given in connection with any election of London borough councillors or of a councillor of the Greater London Council may, where the polls are taken together, relate to both elections.
Payment of expenses of elections of London borough and Greater London councillors
19
- (1) Subject to sub-paragraph (4) of this paragraph and to section 69(3) of this Act, all expenses properly incurred by a returning officer in relation to the holding of an election of London borough councillors shall, in so far as, in cases where the scale fixed for the purposes of this sub-paragraph is applicable, they do not exceed that scale, be paid by the London borough council.
- (2) Subject to sub-paragraph (4) of this paragraph and to the said section 69(3), all expenses properly incurred by a returning officer in relation to the holding of an election of a councillor of the Greater London Council shall, in so far as, in cases where the scale fixed for the purposes of this sub-paragraph is applicable, they do not exceed that scale, be paid by the Greater London Council.
- (3) The power to fix a scale for the purposes of sub-paragraph (1) or (2) of this paragraph shall be exercisable—
- (a) if the scale relates to elections held before 1st April 1965, by the Secretary of State;
- (b) if the scale relates to elections held on or after that date, by the Greater London Council.
- (4) Where the polls at an election of London borough councillors and of a councillor of the Greater London Council are taken together, the expenses properly incurred by the returning officers in relation to the holding of the elections shall be payable by the Greater London Council and the borough council in such proportions as may be determined under sub-paragraph (5) of this paragraph :
Provided that where one of those elections is an election of a councilor of the Greater London Council for an electoral area which includes the city and the Temples, so much of the expenses of the returning officer at that election as is attributable to things done in or in relation to the City and the Temples shall be left out of account for the purposes of the foregoing provisions of this sub-paragraph and accordingly (so far as properly incurred) shall be payable by the Greater London Council alone.
- (5) The amount of any expenses payable under sub-paragraph (4) of this paragraph by the Greater London Council and a borough council and the proportion payable by each of the councils shall be taken to be such as may be agreed between them or as may, in default of agreement, be determined by the Secretary of State.
- (6) Before a poll is taken at an election of a London borough councillor or councillor of the Greater London Council, the authority whose clerk is returning officer shall, at the request of the returning officer or any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.
Interpretation
20
Any expression used in this Part of this Schedule which is also used in the Representation of the People Act 1949 shall have the same meaning in this Schedule as in that Act.
PART II — General Modifications of Representation of the People Acts
21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23
References in the said Acts of 1949 and 1956 in relation to elections of county councillors to an electoral division shall be construed in relation to elections of councilors of the Greater London Council as including references to an electoral area.
24
The three last foregoing paragraphs shall have effect subject to any specific provision contained in Part III of this Schedule and, so far as they modify the local elections rules in Schedule 2 to the said Act of 1949, to the provisions of rules under paragraph 13 or 14 of this Schedule.
Part III — Modifications of Representation of the People Act 1949
25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26
As from 1st April 1965 sections 6(2) and 17(1) shall not apply to any county constituency situated wholly or partly in Greater London.
27
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29
Section 27(2) to (5) shall not apply to elections of London borough councillors.
30
Section 41(5) shall not apply to the Greater London Council.
31
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32
As from 1st April 1965, section 111(1) and (2) shall not apply to the trial of an election petition relating to a parliamentary election if the place of trial is at the Royal Courts of Justice or the Central Criminal Court.
33
- (1) In section 172 (1), the definition of “county ” shall not apply in relation to Greater London, and in the definition of “local government Act” after the word “1933 ” there shall be inserted the words “or the London Government Act 1963 ”,
- (2) In section 172 (3), for the words “London county councillors ” there shall be substituted the words “councillors of the Greater London Council ”,
34
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 4
1
In section 1(1), as from 1st April 1965, for the word “London ” there shall be substituted the words “Greater London ”,
2
In sections 3(2), 5(2), 18(2) and 20(1), the words “or ceases to be qualified ” shall be omitted.
3
In sections 4(3), 7(5), 19(3) and 22(5) for the words from “whether or not” onwards there shall be substituted the words “whether or not he voted or was entitled to vote in the first instance, shall give a casting vote ”,
4
After section 6(3) there shall be inserted—
(3A) If a county alderman is elected to and accepts the office of county councillor, his office of county alderman shall thereupon become vacant.
5
Section 18(7) and (10) and, in section 20(3), the words from “and ” onwards shall not apply to a London borough.
6
For section 21(2) there shah be substituted—
(2) The number of aldermen shall be one-third of the whole number of councillors or, if that number is not divisible by three, one-third of the highest number below that number which is divisible by three. (2A) In its application to a London borough, subsection (2) of this section shall have effect as if for the words ' one-third' and 'three' wherever those words occur there were substituted respectively the words 'one-sixth' and 'six'.
7
After section 21 (3) there shall be inserted—
(3A) If an alderman is elected to, and accepts the office of, councillor of the borough, his office of alderman shall thereupon become vacant"
8
After section 23 (2) there shall be inserted—
(2A) Subsection (2) of this section shall not apply to a London borough, but the term of office of councillors of such a borough shall be three years, and they shall retire together in the year 1967 and every third year thereafter on the ordinary day of retirement of borough councillors in England and Wales.
9
Section 25 shall not apply to a London borough.
10
Nothing in section 59(1)(a) or (2) shall operate to disqualify any person from being elected or being—
- (a) the chairman or an alderman of the Greater London Council;
- (b) a councillor of the Greater London Council for an electoral area in an outer London borough;
- (c) a member of the council of an inner London borough,
by reason of his being a teacher in, or being otherwise employed in, any school, college or other educational institution maintained or assisted by the liner London Education Authority.
11
In section 65, at the end there shall be added—
(h) in the case of a county alderman accepting the office of county councillor or of an alderman of a borough accepting the office of councillor of the borough, upon the date on which he accepts that office.
12
In section 67(2), for the words “by the mayor” there shall be substituted the words “(other than a London borough) by the mayor, in the case of an election of a councillor of a London borough by the returning officer ”,
13
In section 72(1)—
- (a) after the word “borough ” in the second place where that word occurs there shall be inserted the words “(other than a London borough) ”;
- (b) immediately before the words “district councillors” in the second place where those words occur there shall be inserted the words “councillors of a London borough or of ”,
14
In section 93 (1) (a), after the words “county council” there shall be inserted the words “the Greater London Council, the council of a London borough ”,
15
For section 97 there shall be substituted the following:—
(97) The provisions of this Part of this Act relating to joint committees shall apply to the Common Council of the City of London as if that City were a London borough and the Common Council were the council of that borough, but subject to the modification that a reference to disqualification under Part II of this Act shall be construed as a reference to disqualification under the provisions of any enactment for the time being in force relating to disqualification for membership of the Common Council.
16
In section 110, after the words “county borough” wherever those words occur there shall be inserted the words “London borough ”,
17
In section 112(5), after the words “county borough” there shall be inserted the words “London borough ”,
18
After section 123, there shall be inserted the following section:—
(123A) (1) Subject to the provisions of this section, the power of a local authority to pay remuneration to their officers shall include power, where the authority are satisfied after considering medical evidence that the person to whom, apart from this section, any sum to which this section applies is payable (hereafter in this section referred to as “the patient”) is incapable, by reason of mental disorder within the meaning of the Mental Health Act 1959, of managing and administering his property and affairs, to pay that sum or such part thereof as the authority think fit to the institution or person having the care of the patient to be applied for his benefit and to pay the remainder, if any, or such part thereof as the authority think fit— (a) to or for the benefit of persons who appear to the authority to be members of the patient's family or other persons for whom the patient might be expected to provide if he were not mentally disordered ; or (b) in reimbursement, with or without interest, of money applied by any person either in payment of the patient's debts (whether legally enforceable or not) or for the maintenance or other benefit of the patient or such persons as are mentioned in the foregoing paragraph. (2) This section applies to any sum payable by a local authority to an officer or pensioner of the authority, or to the widow or widower or a child of a deceased officer or pensioner thereof, by way of remuneration, pension, superannuation or other allowance, gratuity or annuity, or by way of repayment (with or without interest) of contributions made to any superannuation or other fund ; and in this subsection the expression “pensioner” includes a person entitled to any pecuniary benefit under any enactment or scheme for the establishment of a superannuation fund or a superannuation and provident fund administered by the local authority: Provided that a local authority shall not in exercise of the powers conferred by subsection (1) of this section apply more than one hundred pounds in any year in respect of any one person. (3) Before exercising their powers under this section in relation to any patient a local authority shall give to the authority having jurisdiction under Part VIII of the said Act of 1959 notice in writing of their intention so to do, specifying the name and address of the patient and the amount and nature of the sums in respect of which the local authority intend to exercise those powers, and the local authority shall, at the same time, give notice in writing to the patient in a form approved by the authority having jurisdiction as aforesaid ; and, except with the approval of the authority having jurisdiction as aforesaid, the local authority shall not make the first payment under this section in relation to that patient before the expiration of the period of fourteen days beginning with the date of the service of the notice. (4) If at any time the authority having jurisdiction as aforesaid gives to the local authority notice in writing that the first-mentioned authority objects to the exercise by the local authority of their said powers in relation to any patient, those powers shall, as from the date of the receipt by the local authority of the notice, cease to be exercisable by the local authority in relation to that patient unless and until the first-mentioned authority withdraws the notice. (5) A local authority shall be discharged from ail liability in respect of any payment or application of money effected by the authority in exercise of their powers under this section.
19
In section 157 (1), the words “under this or any other public general Act ” shall be omitted.
20
The purposes for which the council of a London borough is empowered by section 157(1) to acquire land by agreement shall include the benefit, improvement or development of the borough; but such a council shall not have power by virtue of this paragraph to acquire land outside the borough except with the consent of the Minister.
21
In section 158(1), the words “by this or any other public general Act” shall be omitted.
22
Section 171 shall not apply to an inner London borough.
23
In section 176, the words “the provisions relating to the acquisition of land otherwise than by agreement and ” shall not apply to Greater London.
24
In sections 198(1) and 213(1), the references to sums borrowed as therein mentioned shall be construed as including references to sums borrowed by the Greater London Council under paragraph 29 of Schedule 2 to this Act.
25
In section 212(1), for the words “or half-yearly” there shall fee substituted the words “half-yearly or quarterly ” and, in section 212(2), after the words “six months ” there shall be inserted the words “or, where the moneys are repayable by quarterly instalments, within three months ”,
26
In section 218, in the definition of “sanctioning authority ”, after the word “means” there shall be inserted the words “in relation to the Greater London Council, the Treasury or, in relation to any other local authority ”,
27
In section 219—
- (a) in paragraph (a), after the words “county council” there shall be inserted the words “of the Greater London Council, of every London borough council ”;
- (b) in paragraph (c), for the words “county or”, there shall be substituted the words “county council, the Greater London Council, a ”;
28
Sections 237 and 239 shall not apply to a London borough.
29
Sections 250 to 252 shall apply in relation to byelaws made under any enactment (whether passed before or after this Act) by the Common Council, whether acting as a local authority within the meaning of the enactment in question or as a port health authority, or by the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, as those sections apply in relation to byelaws made under the enactments mentioned in section 250 by a local authority within the meaning of that section.
30
In section 250(9), references to a county, a county council and the council of a county district shall include references respectively to Greater London, the Greater London Council and the council of a London borough, except that, in the application of that subsection to byelaws relating to sewerage or sewage disposal, the references to a county shall be construed as including references to the sewerage area of the Greater London Council instead of Greater London.
31
In section 250(10), for the words “and in the case of ” there shall be substituted the words “or if no authority or person is so specified, or if the byelaws are ”,
32
In section 259, at the end there shall be added—
(3) A borough council may expend such reasonable sum as they think fit for the purpose of presenting an address or a casket containing an address to a person admitted to be an honorary freeman of the borough.
33
Without prejudice to anything contained in its charter or incorporation order, sections 260 to 264 shall not apply to a London borough.
34
Section 269(1) and (3) shall not apply to an inner London borough.
35
- (1) In section 270, for the words “or county borough” wherever those words occur there shall be substituted the words “county borough or London borough ”,
- (2) In section 270(1), after the word “district” there shall be inserted the words “and not being the council of a London borough ”,
- (3) After section 270(3) there shall be added:—
(4) This section shall apply to the City of London as if it were a London borough and the Common Council were the council of that borough
36
In section 275(1)(b), for the words “or under ” where first occurring there shall be substituted the words “the London Government Act 1963 or ”,
37
In relation to any parish which immediately before 1st April 1965 was situated wholly within Greater London—
- (a) references in sections 281 and 282 to the borough in which a parish is situated shall be construed as including references to the London borough Whose area includes the area of that parish;
- (b) section 281(3) shall have effect as if after the words “county borough” there were inserted the words “or a parish the area of which is included in the area of a London borough ”,
38
In section 286(1), for the words “any enactment passed or statutory order made after the commencement of thus Act” there shall be substituted the words “any other enactment or statutory order ”,
39
After section 287 there shall be inserted the following sections:—
(287A) (1) Any document to which this section applies, being a document required or authorised to be served on any person, shall be deemed to be duly served— (a) where the person to be served is a company, if the document is addressed to the secretary of the company at its registered office or at its principal office or place of business, and is either— (i) sent by post, or (ii) delivered at the registered office, or at the principal office or place of business, of the company; (b) where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either— (i) sent by post, or (ii) delivered at the said place of business ; (c) where the person to be served is a public body, or a corporation, society or other body, if the document is addressed to the clerk, secretary, treasurer or other head officer of that body, corporation or society at its principal office, and is either— (i) sent by post, or (ii) delivered at that office ; (d) in any other case, if the document is addressed to the person to be served, and is either sent to him by post or delivered at his residence or place of business. (2) Any document to which this section applies, being a document required or authorised to be served on the owner or occupier of any premises, may be addressed “the owner” or “the occupier,” as the case may be, of those premises (naming them) without further name or description, and shall be deemed to be duly served— (a) if the document so addressed is sent or delivered in accordance with paragraph (d) of the foregoing subsection; or (b) if the document so addressed, or a copy thereof so addressed, is delivered to some person on the premises or, where there is no person on the premises to whom it can be delivered, is affixed to some conspicuous part of the premises. (3) Where a document to which this section applies is served on a partnership in accordance with this section, the document shall be deemed to be served on each partner. (4) For the purpose of enabling any document to be served on the owner of any premises, the local authority may by notice in writing require the occupier of the premises to state the name and address of the owner thereof, and if the occupier refuses or wilfully neglects to do so, or wilfully misstates the name and address of the owner, he shall, unless in the case of a refusal he shows cause to the satisfaction of the court for his refusal, be liable on summary conviction in respect of each offence to a fine not exceeding five pounds. (5) This section applies to any notice, order or other document which is required or authorised by any enactment or any instrument made under an enactment to be served by or on behalf of a local authority, or by an officer of a local authority, not being a document to the service of which the provisions of some enactment other than this section or some instrument made under an enactment are applicable. (6) For the purposes of this section, a notice, order or other document shall be deemed to be a notice, order or other document which is required or authorised to be served on a person if it is required or authorised to be notified, given or transmitted, or (in the case of a demand) if it is required or authorised to be made, to that person, and in this section the expressions ' served ' and ' service ' shall be construed accordingly. (287B) (1) Any notice, order or other document which a local authority are authorised or required by or under any enactment (including any enactment in this Act) to give, make or issue may be signed on behalf of the authority by the clerk of the authority or by any other officer of the authority authorised by the authority in writing to sign documents of the particular kind or the particular document, as the case may be. (2) Any document purporting to bear the signature of the clerk of the authority or of any officer stated therein to be duly authorised by the authority to sign such a document or the particular document, as the case may be, shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the local authority. In this subsection the word ' signature' includes a facsimile of a signature by whatever process reproduced. (3) Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.
40
In section 289, after the word “shall” there shall be inserted the words “in respect of each offence ”,
41
In section 290(3), after the word “shall” there shall be inserted the words “in respect of each offence ”,
42
In section 295, references to the Local Government Act 1933 shall be construed as including references to sections 1(7) and 2(4) of, and Schedules 2 and 3 to, this Act.
43
In section 305, at the end of the definition of “local authority ” there shall be added the words “the council of a London borough or the Greater London Council ”,
44
In paragraph 3(1) of Part V of Schedule 3, for the words “committee, as the case may be ” there shall be substituted the words “as the case may be, at the same or any subsequent meeting of the committee ”,
45
In paragraph 18 of Schedule 9, after the word “shall” there shall be inserted the words “in respect of each offence ”,
SCHEDULE 5
PART I — The Road Traffic Act 1960
1
In section 17 (5), at the end there shall be added the words " and in this subsection the expression ' county borough ' includes a London borough ",
2
- (1) In section 21(1)—
- (a) for the words “the London Traffic Area ” in both places where they occur there shall be substituted the words “Greater London ”;
- (b) in paragraph (b), for the word “Minister ” there shall be substituted the words “Greater London Council ”,
- (2) In section 21(2), after the words “paragraph (a)” there shall be inserted the words “or (b) ” and after the word “authority ” there shall be inserted the words “or the Greater London Council, as the case may be ”,
- (3) In section 21(5), as substituted by section 12 (2) of the Road Traffic Act 1962, after the words “paragraph (a) ” there shall be inserted the words “or to the Greater London Council as respects any road falling within paragraph (b) ”,
3
In section 22(5)—
- (a) in paragraph (a), for the words “the London Traffic Area ” there shall be substituted the words “Greater London ”;
- (b) for paragraph (b) there shall be substituted—
(b) as respects a road in Greater London, not being a trunk road, the Greater London Council
.
4
In section 26(1), for the words “the London Traffic Area ” there shall be substituted the words “Greater London ”,
5
- (1) In section 34(1)—
- (a) for the words “The Minister may make regulations ” there shall be substituted the words “Subject to section 10(2) of the London Government Act 1963, the Minister may by order made by statutory instrument, which may be varied or revoked by a subsequent order so made, make provision ”;
- (b) for the words “the London Traffic Area ” there shall be substituted the words “Greater London ”,
- (2) In section 34(2)—
- (a) for the word “regulations ” there shall be substituted the word “order ”;
- (b) for the words “the London Traffic Area ” there shall be substituted the words “Greater London ”,
- (3) In section 34(3)—
- (a) for the word “regulations ” in the first place where it occurs there shall be substituted the word “order ”;
- (b) for the words “regulations remain” there shall be substituted the words “order remains ”;
- (c) for the words “regulations made by the Minister ” in the first place where they occur there shall be substituted the word “order ”;
- (d) for the words “regulations made by the Minister apply ” there shall be substituted the words “order applies ”,
- (4) In section 34(4) as substituted by Schedule 1 to the Road Traffic Act 1962 and in section 34(6) and (7), for the word “regulations ” wherever it occurs there shall be substituted the word “order ”,
6
- (1) In section 35 (1), for the words “the Minister” there shall be substituted—
- (a) in the first place where they occur, the words “the Greater London Council” ;
- (b) in the second place where they occur, the words “that Council”.
- (2) After section 35 (1) there shall be inserted—
(1A) The said Council shall not give their consent to any such scheme as aforesaid affecting a trunk road except with the agreement of the Minister; and in the case of any particular scheme the Minister may after consultation with that Council direct the Council to consent thereto within a specified period or to withhold their consent therefrom.
- (3) In section 35(4), for the words from “regulations made” onwards there shall be substituted the words “any order for the time being in force under section 34 of this Act or section 10(1) of the London Government Act 1963 ”,
- (4) In section 35(5)—
- (a) for the word “Minister ” in the first place where it occurs there shall be substituted the words “said Council ”;
- (b) for the words from “regulations of ” onwards there shall be substituted the words “an order under the said section 34 or 10(1) ”,
- (5) In section 35 (7), for the words “the metropolitan police district and the City of London” there shall be substituted the words “Greater London ”,
7
In section 39(2) for the words “the London Traffic Area” there shall be substituted the words “Greater London ”,
8
- (1) In section 44(6)(a) after the word “Wales ” there shall be inserted the words “other than Greater London ”,
- (2) After section 44 (7) there shall be inserted—
(7A) In the application of this section to Greater London, ' local authority ' means— (a) as respects a road for the time being designated by or under section 17 of the London Government Act 1963 as a metropolitan road, the Greater London Council; (b) as respects any other road in a London borough, the council of the borough ; (c) as respects any other road in the City of London, the Common Council; but before the Greater London Council submit any scheme under this section with respect to a road for the time being designated as aforesaid they shall consult with any other of the councils aforesaid within whose area that road is situated.
- (3) In section 44(8) for the words “the London Traffic Area ” there shall be substituted the words “Greater London ”,
9
- (1) In section 49(1) the words from “other than ” to “county borough ” shall be omitted.
- (2) At the end of section 49 there shall be added—
(9) In its application to Greater London, this section shall have effect as if— (a) the City of London were a borough and the Common Council the council of that borough ; (b) for any reference to the appropriate Minister there were substituted a reference to the Greater London Council; and (c) the words ' by statutory instrument' in subsection (5) were omitted.
10
In section 50, after the word “confirmation ” there shall be inserted the words “in the case of byelaws of a local authority in Greater London by the Greater London Council or in any other case ”,
11
In section 60(2) for the words “metropolitan borough” there shall be substituted the words “London borough ”,
12
In section 63(1), after the word “Act” there shall be inserted the words “or sections 10 to 12 of the London Government Act 1963 ”,
13
In section 65(3), at the end there shall be added the words “the Greater London Council or the Common Council of the City of London ”,
14
In section 75(3), for the words from “not being” to “borough ” there shall be substituted the words “being the council of a non-county borough or urban district ”,
15
In section 79(1), for the words “the London Traffic Area ” there shall be substituted the words “Greater London ”,
16
In section 80(1), for the words “the London Traffic Area ” there shall be substituted the words “Greater London ”,
17
- (1) In section 81(1), for the words “the London Traffic Area ” there shall be substituted the words “Greater London ”,
- (2) In section 81(16)(a), for the words “or county district” there shall be substituted the words “London borough or county district, the Common Council of the City of London or, subject to subsection (16A) of this section, the Greater London Council ”,
- (3) After section 81(16) there shall be inserted—
(16A) The Greater London Council shall not exercise their powers under this section— (a) as respects any London borough, without the consent of the council of that borough, or (b) as respects the City, without the consent of the Common Council, except with the consent of the Minister of Transport.
18
- (1) In section 85(1), at the beginning there shall be inserted the words “Subject to section 13 (2) of the London Government Act 1963 ”,
- (2) In section 85(4), for the words “metropolitan borough” there shall be substituted the words “London borough ”,
- (3) In section 85(5)—
- (a) at the beginning there shall be inserted the words “Subject to section 13(2) of the London Government Act 1963 ”;
- (b) for the words “the metropolitan police district or the City of London ” there shall be substituted the words “Greater London ”;
- (c) in paragraph (b), for the words “London County” there shall be substituted the words “Greater London ” :
- (d) at the end of paragraph (c) there shall be added the words “and, where the transfer is made to the Greater London Council, as if that Council were a local authority within the meaning of this section ”,
- (4) In section 85(10), at the end there shall be added the words “or section 10(1) of the London Government Act 1963 ”,
19
In section 86, as substituted by section 29(1) of the Road Traffic Act 1962, at the beginning of subsection (1) and at the beginning of subsection (2) there shall be inserted the words “Subject to section 13(2) of the London Government Act 1963 ”,
20
In section 87, as substituted by the said section 29 (1)—
- (a) in subsection (2) for the words from “and such ” to “such a designation ” there shall be substituted the words “or section 10(1) of the London Government Act 1963, and such an order, or an order under any of those sections containing a designation of a place as a parking place ” :
- (b) at the beginning of subsection (3) there shall be inserted the words " Subject to section 13(2) of the London Government Act 1963. "
21
In section 88 (1)(b), after the word “Minister” there shall be inserted the words " or the Greater London Council. "
22
In section 89(3)(c), after the word “council” there shall be inserted the words “to the Greater London Council ”,
23
- (1) In section 90(3) after the word “conferred ” there shall be inserted the words “on the Minister ”,
- (2) After section 90(7) there shall be added—
(8) In relation to any functions exercised by the Greater London Council, any reference in subsection (1) or (2) of this section to the Minister shall be construed as a reference to that Council.
24
In section 101(1), after the word “resides” where first occurring there shall be inserted the words “or, if he resides in Greater London, the Greater London Council ”,
25
After section 135(8) there shall be added—
(9) In relation to any route, stopping place or terminal point within Greater London, any reference in subsection (8) of this section to the commissioner of police of the metropolis or the commissioner of police for the City of London shall be construed as including a reference to the Greater London Council.
26
After section 141(8) there shall be added—
(9) In relation to any route or part of a route which lies within Greater London, any reference in subsections (2) to (6) of this section to the commissioner of police shall be construed as including a reference to the Greater London Council.
27
In section 202(2)(a), for the words “metropolitan borough ” there shall be substituted the words “London borough, the Greater London Council ”,
28
In section 220(6), for the words “metropolitan borough ” there shall be substituted the words “London borough ”,
29
In section 221(3), after the word “district” there shall be inserted the words “the Greater London Council ”,
30
In section 248, after the words “purposes of this Act” there shall be inserted the words “or sections 9 to 15 and 20(2) of the London Government Act 1963 ”,
31
In section 249(1), after the word “Act” there shall be inserted the words “or section 10 of the London Government Act 1963 ”,
32
In section 257(1), in the definition of “highway authority ” for the words “or the council of a metropolitan borough ” there shall be substituted the words “the council of a London borough or the Greater London Council ”,
33
In Schedule 4, in paragraph 11, for the words “the metropolitan police district and the City of London ”, there shall be substituted the words “Greater London ”,
34
In Schedule 8, in paragraph 1, for the words “the administrative county of London ” there shall be substituted the words “Greater London ”,
35
In Schedule 10—
- (a) for paragraph 3 there shall be substituted—
(3) The Minister shall take into consideration any objections duly made to the making of the order
;
- (b) in paragraph 5 (1), for the words “the London Traffic Area” there shah be substituted the words “Greater London ”;
- (c) for paragraph 7 there shall be substituted—
(7) After advertising in pursuance of the last foregoing paragraph any proposal to make an order, the Minister shall take into consideration any objections duly made to the proposal.
PART II — The Road Traffic and Roads Improvement Act 1960
1
In section 3, at the end there shall be added—
(5) In its application to Greater London, this section shall have effect subject to the provisions of section 13(2) to (7) of the London Government Act 1963.
2
- (1) In section 4(1), for the words “the London area ” there shall be substituted the words “Greater London ”,
- (2) In section 4 (2)—
- (a) for the words “the London area ” there shall be substituted the words “Greater London ”;
- (b) after the words “received by him ” there shall be inserted the words “by way of charges made by him for vehicles left in parking places designated under the said subsection (5) ”,
- (3) In section 4(3) for the words from “any local” to “area ” there shall be substituted the words “the Greater London Council, the council of any London borough or the Common Council of the City of London ”,
3
- (1) In section 5(1)—
- (a) the words “subsection (8) or (9) of ” shall be omitted;
- (b) for the words “the London Traffic Area ” and “that area ” there shall be substituted the words “Greater London ”,
- (2) In section 5(7)—
- (a) for the words “the London Traffic Area ” in both places where those words occur there shall be substituted the words “Greater London ”;
- (b) the words “by virtue of subsection (8) or (9) of that section ” and “so ” shall be omitted.
4
- (1) In section 8(3), for the words “regulations under the said section 34 ” there shall be substituted the words “an order under the said section 34 or under section 10(1) of the London Government Act 1963 ”,
- (2) In section 8 (4),—
- (a) for the words from the beginning to “impose ” there shall be substituted the words “Any such order which imposes ”;
- (b) for the words “the London Traffic Area ” there shall be substituted the words “Greater London ”,
- (3) In section 8(5), for the words “Regulations under the said section 34 ” there shah be substituted the words “Any such order ” and for the word “regulations ” wherever else it occurs there shall be substituted the word “order ”,
- (4) In section 8(6), for the words from “traffic regulations ” to “being regulations” there shall be substituted the words “any order in force under the said section 34 or 10 (1), being an order ”,
5
- (1) In section 15(4)(d)—
- (a) for the words “the London Traffic Area” there shall be substituted the words “Greater London ”;
- (b) after the figures “1960 ” there shall be inserted the words “or section 10(1) of the London Government Act 1963 ”,
- (2) In section 15(4)(d) and (e), for the words “metropolitan borough ” there shall be substituted the words “London borough ”,
6
- (1) In section 18(1), for the words “the London area ” there shall be substituted the words “Greater London ”,
- (2) In section 18(1), for the words from “Minister” to “authority ” there shall be substituted the words " Greater London Council—
- (a) in the case of any highway for which they are the highway authority, or
- (b) on the application of the council of a London borough or the Common Council of the City of London, in the case of any highway for which the borough council or Common Council, as the case may be, are the highway authority,
may, if on grounds of urgency they consider it expedient".
- (3) In section 18 (2), for the words from the beginning to “road improvement” there shall be substituted the words “Where the Greater London Council give authority under the foregoing subsection for the execution of any works of road improvement, or receive notice from the Minister that such works of road improvement as are mentioned in the foregoing subsection are to be executed in the case of a highway for which he is the highway authority ”,
- (4) In section 18 (2) (a), for the words “he” and “him” there shall be substituted respectively the words “they ” and “them ”.
7
In section 19 (1)—
- (a) at the beginning there shall be inserted the words “Subject to section 14 (2) of the London Government Act 1963 ”;
- (b) for the words “the London area ” there shall be substituted the words " Greater London. "
8
After section 19 there shall be inserted the following section—
(19A) (1) Where the Greater London Council, after consultation with the council of a London borough or the Common Council of the City of London, are of the opinion that, with a view to facilitating the movement of traffic, it is expedient for works to be executed for the improvement of a highway in Greater London for which the borough council or the Common Council are the highway authority, then— (a) the highway authority shall, within three months of being notified of that fact, inform the Greater London Council whether they are prepared to undertake those works and, if so, within what time; and (b) if the Greater London Council at the expiration of the said three months are not satisfied that the highway authority will with reasonable despatch undertake those works (or within the said three months are satisfied that they will not), the Greater London Council may execute those works or other works appearing to them to secure the same or an equivalent improvement of the highway; and for the purposes of this subsection it shall not be treated as widening a highway to take into the highway land not forming part of it but situated within its outer limits. (2) Subsections (2) to (6) of section 19 of this Act shall have effect for the purposes of this section as if in those subsections— (a) for any reference to the Minister there were substituted a reference to the Greater London Council; and (b) for any reference to the execution of works under that section there were substituted a reference to the execution of works under this section, and as if in subsection (3) of that section the words from “except” to “by the Minister ” were omitted.
9
In section 22(1)(a), for the words “the London area ” there shall be substituted the words “Greater London ”,
PART III — The Road Traffic Act 1962
1
- (1) In section 11 (2) (a), the words “or any road in the London Traffic Area ” shall be omitted.
- (2) After section 11 (2) (a), there shall be inserted—
(aa) as respects any road in Greater London other than a trunk road, shall be either the appropriate Minister or the Greater London Council; and
.
- (3) In section 11 (3)—
- (a) after the word “authority” where first occurring there shall be inserted the words “or by the Greater London Council ”;
- (b) after the word “authority” in the second place where it occurs there shall be inserted the words “or that Council ”,
- (4) In section 11 (4) (a), after the word “authority ” where first occurring there shall be inserted the words “or the Greater London Council ”,
- (5) For section 11 (4) (b) there shall be substituted—
(b) unless the road is a trunk road, the appropriate Minister shall give notice of his intention to make the order, in the case of a road in Greater London, to the Greater London Council or, in any other case, to the local authority.
2
In section 26—
- (a) for the words from the beginning to “Committee)” there shall be substituted the words " An order under section 34 of the principal Act or section .10 (1) of the London Government Act 1963 ";
- (b) for the word “regulations” in the last two places where that word occurs there shall be substituted the word “order ”;
- (c) for the words from “in accordance ” to “Act ” where next occurring there shall be substituted the words “the Greater London Council ”.
3
- (1) In section 28 (1)—
- (a) in paragraph (a), for the words “the London Traffic Area ” there shall be substituted the words “Greater London ”;
- (b) for paragraph (b) there shall be substituted—
(b) as respects traffic on roads in Greater London, as may be made by an order under section 34 of that Act or section 10 (1) of the London Government Act 1963
.
- (2) For section 28 (2) there shall be substituted—
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