London Government Act 1963

Type Public General Act
Publication 1963-07-31
Last updated 2017-01-31
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API

(2) The authority having power to make an experimental traffic order— (a) as respects roads outside Greater London, other than trunk roads, shall be the local authority ; (b) as respects roads in Greater London, other than trunk roads, shall be the Greater London Council or, subject to section 11 (2) of the London Government Act 1963, the appropriate Minister ; (c) as respects any trunk road in Greater London, shall be the appropriate Minister or, with the consent of that Minister, the Greater London Council; (d) as respects trunk roads outside Greater London, shall be the appropriate Minister ; and the appropriate Minister may, after giving the local authority or the Greater London Council notice of his intention to do so, by order vary or revoke any experimental traffic order made by the local authority or that Council.

  • (3) In section 28 (3) (b), after the word “Minister ” there shall be inserted the words “or by the Greater London Council ”,
  • (4) In section 28 (9), for the words from “by ” onwards there shall be substituted the words “as respects a road in Greater London as it applies in relation to an order under section 34 of the principal Act or section 10 (1) of the London Government Act 1963 ”,
  • (5) In section 28 (11) (b), for the words “the London Traffic Area ” there shall be substituted the words “Greater London ”,
4
  • (1) For section 34 (1), there shall be substituted—

(1) For the purposes of the following provisions, that is to say— (a) sections 20 (3) and 34 (1) of the principal Act; (b) sections 11 (1) and 28 of this Act; and (c) section 10 (1) of the London Government Act 1963, where any part of the width of a road is in Greater London, the whole width thereof shall be deemed to be in Greater London.

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

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

SCHEDULE 6

1

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

2

After section 2 (b) there shall be inserted—

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

.

3

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

4

In section 8 (2)—

  • (a) in paragraph (b), after the words “that council” there shall be inserted the words “(and, if the road is situated in Greater London, also by the Greater London Council) ”;
  • (b) in paragraph (c) after the words “of the Minister ” there shall be inserted the words “(and, if the road is situated in Greater London, also by the Greater London Council with such consent) ”,
5
  • (1) In section 10 (1). for the words “(including the county of London)” there shall be substituted the words “with the Greater London Council ”,

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

  • (2) In section 10 (4) after the word “county” there shall be inserted the words “with the Greater London Council or with the council of a ”,
6

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

7

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

8

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

9

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

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

10

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

11

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

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

12

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

13
  • (1) In section 38 (2) (c)—
  • (a) after the words “urban district” there shall be inserted the words “the Greater London Council or the Common Council ”;
  • (b) after the word “authority” there shall be inserted the words “or the Greater London Council ”,
  • (2) At the end of section 38 there shall be added—

(7) In the application of this section to any highway situated in an area which immediately before 1st April 1965 formed part of the administrative county of London— (a) any reference therein to the commencement of this Act shall be construed as a reference to the said 1st April; (b) the reference in subsection (3) to the council of a borough shall be construed as including a reference to the council of a metropolitan borough and the Common Council

.

14

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

15

In section 40 (4)—

  • (a) in paragraph (a), after the word “section ” there shall be inserted the words “is intended to become a metropolitan road or ”;
  • (b) in paragraph (b), after the word “section ” there shall be inserted the words “crosses or will cross a metropolitan road or, as the case may be ”;
  • (c) after the word “exercisable ” there shall be inserted the words “by the Greater London Council and not by any other local highway authority or ”,
16

Section 42 shall cease to have effect.

17

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

18
  • (1) In section 48 (5), at the end there shall be added the words “or, if the materials are to be used in Greater London, from any quarry in Greater London ”,
  • (2) In section 48 (6), after the words “in which the bridge is” there shall be inserted the words “or, if the bridge is in Greater London, from any quarry in Greater London ”,
  • (3) In section 48 (9) at the end there shall be added—
  • ' borough ' includes the City of London ;
  • ' trunk road ' includes a metropolitan road, and ' trunk road bridge' shall be construed accordingly.
19

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

20

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

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

21

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

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

22

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

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

23

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

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

24

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

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

25

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

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

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

.

  • (2) In section 85 (5), after the words “land is ” there shall be inserted the words “(or, if that land is in a London borough, both by the council of the borough and by the Greater London Council) ”,
27

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

(d) in the case of a bridge the highway over which is a metropolitan road or partly a metropolitan road, by the Greater London Council; (e) in the case of any other bridge in a London borough or the City of London, by the council of the borough or, as the case may be, the Common Council.

28

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

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

.

29

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

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

30

For section 116(2) there shall be substituted—

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

31

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

32

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

33

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

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

34

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

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

35

In section 137—

  • (a) for the words “the London Traffic Area ” in subsections (1), (5) and (6) and for the words “that area ” in subsection (1) there shall be substituted the words “Greater London ”;
  • (b) for the word “Minister ” there shall be substituted—
  • (i) in the first place where it occurs in subsection (1), the words " Greater London Council (hereafter in this and the next following section referred to as 'the Council')" ; and
  • (ii) subject to sub-paragraphs (d) and (e) of this paragraph, in every other place where it occurs, the word “Council”;
  • (c) subject to the next following sub-paragraph, for the word “him ” wherever it occurs there shall be substituted the word “them ”;
  • (d) in subsection (3), for the words from the beginning to “report” where last occurring there shall be substituted the words “The Council shall consider in relation to one another the proposals contained in the statements submitted to, or prepared by, them under this section and, after consultation with the appropriate commissioner of police and the London Transport Board ”;
  • (e) in subsection (3), after the words “authorities affected ” there shall be inserted the words “other than the Minister ”;
  • (f) in the proviso to subsection (3), for the word “he ” there shall be substituted the word “they ”,
36

In section 138—

  • (a) for the word “Minister” wherever it occurs there shall be substituted the word “Council ”;
  • (b) for the words “him ”, “his ”, or “he thinks ”, wherever any of those words occur, there shall be substituted respectively the words “them ” , “their ”, or “they think ” ;
  • (c) after subsection (3) there shall be inserted—

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

.

37

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

38

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

39

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

40

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

41

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

42

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

43

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

44

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

45

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

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

.

46

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

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

.

47

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

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

.

48

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

49

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

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

.

50

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

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

51

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

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

52

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

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

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

  • (2) In section 173(2), for the word “boroughs ” there shall be substituted the words “county boroughs, non-county boroughs ”,
  • (3) In section 173(3), for the words “boroughs and” there shall be substituted the words “boroughs other than the inner London boroughs and in all ”,
54

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

55

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

56

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

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

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

.

  • (2) In section 213 (3) (a), after the word “force” there shall be inserted the words “and in a London borough and the City of London ”,
  • (3) In section 213 (4), at the end there shall be added the words " and in this subsection the expression ' county borough' includes a London borough and the City of London ",
58

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

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

.

59

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

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

.

60

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

61
  • (1) In section 238(1), for the words “or county borough” there shall be substituted the words “the Greater London Council and the council of a county borough or London borough ”,
  • (2) In section 238 (3), at the end there shall be added the words “and this subsection shall have effect as if Greater London were a county, the Greater London Council were the council of that county and a London borough were a non-county borough in that county ”,
62

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

63
  • (1) In section 252(1), after the words “the authority ” there shall be inserted the words “or, in the case of any area in Greater London, either the local authority or the highway authority for either of the streets in question (not being the Minister) ”,
  • (2) In section 252 (2) after the word “authority ” there shall be inserted the words “or highway authority ”,
64

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

65

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

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

66

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

67

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

68

In section 295(1)—

  • (a) after the paragraph beginning “code of 1875” there shall be inserted—
  • ' Common Council ' means the Common Council of the City of London

;

  • (b) in the definition of “council”, after the words “county council” there shall be inserted the words “the Greater London Council ”;
  • (c) in the definition of “local authority ”, for the words “or county district” there shall be substituted the words “London borough or county district or the Common Council ”;
  • (d) after the paragraph beginning “maintenance ” there shall be inserted—
  • ' metropolitan road ' means a road for the time being designated by or under section 17 of the London Government Act 1963 as a metropolitan road ;
69

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

70

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

71

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

72

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

  • (a) in head (i), for the words “The council of every county and county borough in which ” there shall be substituted the words “Every council (other than the council of a county district) in whose area ”;
  • (b) in head (iii), for the words “The council of every county, county borough and county district in which” there shall be substituted the words “Every council in whose area ”,
73

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

74

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

  • (a) for me words “the council of every county, county borough, county district and ” there shall be substituted the words “every council, the council of every ”;
  • (b) for the words “county, borough, district or parish which ” there shall be substituted the words “council or parish whose area ”,
75

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

76

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

77

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

78

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

SCHEDULE 7

PART I

PART II

SCHEDULE 8

PART I — The Housing Act 1957

1

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

2

In section 6 (1)—

  • (a) in paragraph (c), after the words “fifty-seven ” there shall be inserted the words “and before 1st April 1965 ”;
  • (b) at the end there shall be added—

(d) to a contract made on or after 1st April 1965 for letting for human habitation a house at a rent not exceeding— (i) in the case of a house situated outside Greater London or in an outer London borough, fifty-two pounds; (ii) in the case of a house situated in any other part of Greater London, eighty pounds.

3

In section 93 (3)—

  • (a) for the words “London County Council and of a metropolitan ” there shall be substituted the words “Greater London Council and of a London ”;
  • (b) for the words “the administrative county of London” there shall be substituted the words “Greater London ”,
4

For section 131 (2) there shall be substituted—

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

5

In the proviso to section 145(1)—

  • (a) for the words “the administrative county of London ” there shall be substituted the words “Greater London other than the outer London boroughs ”;
  • (b) for the words “the county ” there shall be substituted the words “that area ”; and
  • (c) for the words “London County Council” there shall be substituted the words “Greater London Council ”,
6

In section 145(3)—

  • (a) for the words “the administrative county of London ” there shall be substituted the words “Greater London other than the outer London boroughs ”;
  • (b) for the words “London County Council” there shall be substituted the words “Greater London Council ”; and
  • (c) for the words “metropolitan borough ” there shall be substituted the words “London borough ”,
7

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

8

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

9

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

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

10

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

11

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

12

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

13

In Schedule 9, in paragraph 11 (c)—

  • (a) the words from “as respects England” to “London” where first occurring and the words from “as respects the City ” to “metropolitan borough ” shall be omitted ;
  • (b) at the end there shall be added the words “and, where any such house is situated in the City of London, the Common Council ”,

PART II

Other enactments

14

The Small Dwellings Acquisition Act 1899 shall apply—

  • (a) in relation to a London borough as if a London borough were a county borough ;
  • (b) in relation to the City as if the City were a county borough and the Common Council were the council of that county borough;
  • (c) in relation to the Greater London Council, as if Greater London were a county and the Greater London Council were the council of that county.
15

In the Housing (Financial Provisions) Act 1958—

  • (a) in section 9 (4), as substituted by section 16 of the House Purchase and Housing Act 1959, for the words “metropolitan boroughs ” there shah be substituted the words “London boroughs, the Greater London Council ”;
  • (b) in Schedule 3, in paragraph 2 (1), for the words from “other than the” to “borough council” there shall be substituted the words “(including any such loss borne by the Greater London Council) ”,
16

In the House Purchase and Housing Act 1959—

  • (a) in section 2 (2) (a), the reference to the metropolitan police district shall not include the London borough numbered 15 in Part I of Schedule 1 to this Act;
  • (b) in section 13 (4), for the words “metropolitan boroughs” there shall be substituted the words “London boroughs, the Greater London Council ”,
17
  • (1) In the application to the Greater London Council or a London borough council of section 4 of, and Schedule 1 to, the Housing Act 1961—
  • (a) in relation to a dwelling completed in the financial year 1965-66—
  • (i) that year shall be the relevant financial year ; and
  • (ii) Part I of that Schedule shall have effect as if the words “preceding that” wherever those words occur in paragraph 1 or 2 thereof were omitted ;
  • (b) the financial year 1965-66 shall be the earliest financial year which may be determined by the Minister under paragraph 5(2) of that Schedule ;
  • (c) where the financial year 1965-66 is the relevant financial year, the references in paragraph 6 (1) (a) and (b) of that Schedule to houses within the local authority's Housing Revenue Account for the last year preceding the relevant financial year or, as the case may be, for the relevant financial year shall be construed as references to houses within the local authority's Housing Revenue Account on 1st April 1965 or, as the case may be, on 31st March 1966.
  • (2) In the said Schedule—
  • (a) in paragraph 1(2)—
  • (i) for the words “London County Council ” there shall be substituted the words “Greater London Council ”;
  • (ii) for the words “metropolitan boroughs and the City of London” there shall be substituted the words “rating areas in Greater London ”;
  • (b) in paragraph 1(5), at the end there shall be added the words “and except that it includes any rate in the nature of a general rate levied in the Inner Temple or the Middle Temple ”,

SCHEDULE 9

Part I

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

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

  • (a) so far as the enactment relates to a main sewer or sewage disposal works primarily serving the sewerage area of the Greater London Council, have effect as if any reference to a local authority were a reference to that Council;
  • (b) so far as the enactment relates to a sewer primarily serving that area other than a main sewer or to drainage in that area, have effect as if any reference to a local authority were a reference to the council of a London borough or county district, as the case may be:
3

The following provisions, that is to say—

  • (a) the enactments mentioned in section 37 (1) of this Act, so far as they relate to functions exercisable (by virtue of the two foregoing paragraphs) by the Greater London Council, and
  • (b) section 27 of the Public Health Act 1936 and Part XII of that Act so far as it relates to that section,

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

4

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

Part II — Specific modifications of Sewerage Provisions of Public Health Act 1936

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2
  • (1) The power of a local authority under section 17 to make a declaration vesting in themselves a sewer or sewage disposal works situate within or serving their district or any part of their district shall not be exercisable—
  • (a) by the Greater London Council as respects a sewer or sewage disposal works which is vested in the council of a London borough or county district;
  • (b) by the council of a London borough or county district as respects a sewer or sewage disposal works which is vested in the Greater London Council.
  • (2) In section 17 (1) the words from “being ” to “Act” shall be omitted.
  • (3) Section 17 (7) and (8) shall not be construed as applying to a declaration by .the Greater London Council with respect to a sewer or sewage disposal works (unless the sewer or works is situate outside, or serves a district outside, the Council's sewerage area and in relation to a declaration by (the council of a borough or county district with respect to a sewer situate within, or serving a district within, that area shall have effect as if any reference to another local authority did not include a reference to the Greater London Council.
3

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

4
  • (1) In section 20 (1) the reference to section 29 of the Local Government Act 1929 shall be construed not only as a reference to section 227 of the Highways Act 1959 but also as including a reference to section 17 (5) of this Act.
  • (2) For section 20 (2) there shall be substituted the following subsection :—

(2) Sewers which by virtue of this section continue to be or become vested in a local authority, and sewers and drains which by virtue of section 35 of the London Government Act 1963 become so vested shall be known, and are referred to in this Act, as public sewers: Provided that a sewer constructed by a local authority after 1st April 1965, or a sewer or drain constructed by such an authority or one of their predecessors between 30th September 1937 and that date for the purpose only of draining property belonging to the authority or their predecessors, being in the case of a sewer or drain constructed before that date by the London county council or a metropolitan borough council a sewer or drain used only for that purpose at that date, shall not be deemed to be a public sewer for the purposes of this Act unless or until it has been declared (whether before or after that date) to be a public sewer.

5

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

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

or (c) any length which immediately before 1st April 1965 was used for draining any group or block of houses by a combined operation under an order of a metropolitan borough council or their predecessors ; or (d) any length which immediately before that date was used for draining a group or block of houses by a combined operation, being a length laid or constructed before 1856 in pursuance of an order or direction of, or with the sanction or approval of, the Metropolitan Commissioners of Sewers.

  • (2) Section 24 (5) shall not apply to an inner London borough, the City or the Temples.
7

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

8

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

9
  • (1) If so requested by the Greater London Council, the council of a London borough or county district shall enter into an agreement under section 28 on such terms, if any, as the Greater London Council may direct for causing a sewer in the sewerage area of the Greater London Council to communicate with or discharge into a sewer or sewage disposal works outside that area with any other sewerage authority who are willing to enter into 'the agreement on such terms.
  • (2) The Common Council shall be included among the sewerage authorities with whom the council of an inner London borough may enter into an agreement under section 28.
  • (3) Where the council of a London borough or county district enter into such an agreement at the request of the Greater London Council and in consequence reasonably incur expenditure in excess of that which they would have incurred apart from the agreement, the amount of the excess shall be reimbursed to them by the Greater London Council; and any dispute as to the reasonableness of the expenditure or the amount of the excess shall, in default of agreement, be determined by the Minister.
10

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

11

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

12
  • (1) The requirement to keep a map imposed on a local authority by section 32 shall not be construed as requiring the council of a London borough or county district to keep a map showing and distinguishing any sewers or drains within their district which are not vested in the council.
  • (2) Section 32 (3) shall not apply in the sewerage area of the Greater London Council.
  • (3) At the end of section 32 there shall be added the following subsection—

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

13
  • (1) Where a person proposes under section 34 or 35 to make a communication between a drain or sewer and a public sewer of the Greater London Council, the grounds on which the Council may refuse under section 34 (3) or 35 (1) to permit the communication shall be such grounds as they think fit and no application to a magistrates' court may be made under the proviso to section 34 (3) or under section 35 (2) in respect of any such refusal by the Council.
  • (2) Where a communication is made under section 34 or 35 between a drain or sewer and a public sewer of the council of a borough or county district, the council shall as soon as may be after the making of the communication give the Greater London Council notice of the fact together with such particulars of the communication as the Greater London Council may require in that case or that class of case.
14

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

15

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

  • (a) in relation to a public sewer, be construed as a reference to the local authority in whom the sewer is vested ; and
  • (b) in relation to any other sewer or in relation to a cesspool or other receptacle for drainage, be construed as a reference to the council of the London borough or county district in which the sewer, cesspool or other receptacle is situated.
16

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

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — . . .

Construction, maintenance and operation of sewers, etc.

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2
  • (1) Where any sewer or part of a sewage disposal works vested in the Greater London Council interrupts or will interrupt communications between any premises and any other land or between several parts of the same premises, the Greater London Council may construct such bridges, arches, roads, passages or culverts as they think appropriate for restoring or preserving those communications or may instead pay such compensation to the owners and occupiers of the premises affected as may be agreed with them or as may be just.
  • (2) Without prejudice to any duty imposed on them by any other enactment, any bridges, arches, roads, passages or culverts constructed in pursuance of this paragraph shall be maintained by the Greater London Council.
3

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

  • (a) in the case of any work under the navigation, the top of the work is at least twelve feet below high water, Trinity standard, and
  • (b) in the case of any work over any part of the navigation, the soffit of the work is at least eight feet six inches above high water, Trinity standard, with a clear span over the river, inclusive of the towing path thereof, of at least fifty-four feet:
4
  • (1) Notwithstanding anything in sections 30, 31 and 331 of the Public Health Act 1936, the Greater London Council—
  • (a) may cause storm water to be discharged from any sewer or pumping station for the time being vested in them into Channelsea river or Abbey creek or both, at any point in the London borough numbered 17 in Part I of Schedule 1 to this Act south of the bridge carrying Abbey road over that river or, as the case may be, that creek ; and
  • (b) may permit any storm water discharged under this paragraph into the said river or creek to flow thence into Bow Creek and thence into the River Thames:

Provided that the Greater London Council—

  • (i) shall cause the storm water to be discharged only at such times and in such manner as may be necessary to prevent the flooding of places and premises within the sewerage area of the Greater London Council; and
  • (ii) shall take ah steps to avoid, so far as practicable, the creation of any nuisance in Channelsea river or Abbey creek by reason of the exercise of the powers of the Council under this paragraph.
  • (2) The Greater London Council shall, at the request of the British Waterways Board, cause to be removed at the expense of the Council, by dredging or otherwise to the reasonable satisfaction of the engineer of the said Board, any deposit on the bed of Channelsea river or Abbey creek caused by, or arising from, the discharge by the Council of storm water into the said river or creek under this paragraph.

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

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

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

5
  • (1) For the purpose of securing the efficient maintenance of the main and general sewerage of their sewerage area, the Greater London Council shall make such orders as they think proper—
  • (a) for the guidance, direction and control of councils of London boroughs and county districts in relation to the levels, construction, abandonment, alteration, maintenance and cleansing of sewers in their respective areas ;
  • (b) for securing that proper communications are made between the various sewers vested in the councils of London boroughs and county districts and between those sewers and the sewers vested in the Greater London Council;
  • (c) generally for the guidance, direction and control of councils of London boroughs and county districts in the discharge of their functions in relation to sewerage.
  • (2) Orders under this paragraph may be so framed as to apply generally or to any particular case or class of case and may make different provision for different cases.
  • (3) Where the Greater London Council propose to make an order under this paragraph they shall serve a copy of a draft of the order on such as will be affected of the councils of the boroughs and county districts wholly or partially situate within their sewerage area, and any council affected may within six weeks of the service on them of a copy of the draft order refer to the Minister the question whether the order or any provision thereof should be made or whether it should contain other provisions in addition to or in substitution for those contained in the draft order ; and on the determination of the reference the Minister may confirm or disallow the draft order and, if he confirms it, may make such modifications thereof as he thinks fit.
  • (4) An order under this paragraph shall not be made until the expiration of six weeks beginning with the service of the last copy of the draft order to be served or, if it is referred to the Minister, until the Minister has determined the reference and confirmed the order with or without modifications.
  • (5) On its coming into force, an order under this paragraph shall be binding on the councils of London boroughs and county districts.
6
  • (1) The Greater London Council may make byelaws—
  • (a) for regulating the dimensions, form and mode of construction, and the maintenance, cleansing and repair, of pipes, drains and other means of communication with sewers, and the traps and apparatus connected therewith, and for prescribing the levels at which such means of communication, traps and apparatus as aforesaid are to be laid ;
  • (b) for requiring persons who are about to construct, reconstruct, or alter pipes, drains or other means of communication with a sewer, or the traps or apparatus connected therewith, to deposit with the local authority such plans, sections and particulars of the proposed work as may be necessary for the purpose of ascertaining whether it will comply with the requirements of the enactments mentioned in section 37 (1) of this Act, of this Part of this Schedule and of any byelaws under this paragraph:

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

  • (i) shall not require the deposit of plans or sections in the case of any repair which does not involve the alteration or entire reconstruction of any such means of communication as aforesaid or of the traps or apparatus connected with a sewer, and
  • (ii) in a case where the alteration of a drain must be carried out at once, shall not require the deposit of plans, sections and particulars of the proposed work before it is begun, but may require the deposit thereof within such period after the commencement of the work as may be specified in the byelaws.
  • (2) Byelaws under this paragraph shall only apply to the inner London boroughs.
7
  • (1) Where the council of a London borough or county district propose to construct a public sewer or to make a communication between any sewer or drain of theirs and a sewer vested in the Greater London Council, they shall, before beginning any works for the purpose, give notice of the proposal to the Council and shall not proceed with a proposal to make any such communication except with the written approval and in accordance with the directions of the Council.
  • (2) Any notice under this paragraph shall be accompanied by—
  • (a) plans and sections of the sewer or communication, as the case may be, drawn to such convenient scale, and showing its location and such other matters, as the Council may direct, and
  • (b) such other particulars of the proposal as the Council may direct.
  • (3) Any dispute as to whether any approval under this paragraph has been unreasonably withheld or whether any directions thereunder are unreasonable shall, in default of agreement, be determined by the Minister.
8
  • (1) Where proposals for the carrying out of any work have been finally approved under paragraph 7 of this Part of this Schedule, then, without the requisite approval—
  • (a) the proposals shall not be substantially departed from; and
  • (b) if the work is not completed within two years of the approval of the original proposals, it shall not be proceeded with.
  • (2) The said paragraph 7 shall apply in relation to an application for approval under this paragraph as it applies in relation to the original proposal, except that where it is proposed to depart in any respect from the original proposals, the plans, sections and any particulars required by that paragraph shall show the nature of the variation.
  • (3) This paragraph shall apply in relation to proposals approved thereunder as it applies in relation to proposals originally approved under the said paragraph 7.
9

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

Transfer of sewerage responsibilities and of sewers

10
  • (1) If it appears to the Greater London Council that any part of a London borough or county district is so situate that it would be convenient for the purposes of sewerage and drainage that that part should be placed under the management of the council of an adjoining borough or district, the Greater London Council may by order direct that that part shall, for those purposes, be under the management of that borough or district council.
  • (2) Where, by virtue of an order under this paragraph, any part of a London borough or county district is placed under the management of the council of an adjoining borough or district, the sums which that council require for defraying the expenses incurred by them in the discharge of their functions relating to sewerage in the said part of the first-mentioned borough or district shall be paid, upon the order of that council, by the council of the first-mentioned borough or district.
11

Where—

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

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

12
  • (1) The Greater London Council may by order declare that any sewer vested in them shall as from such date as may be specified in the order vest in the council of the London borough or county district in which the sewer is situated.
  • (2) The transfer of a sewer under this paragraph shall not be made without the consent of the council to whom it is to be transferred and shall be made on such terms and conditions as may be agreed between that council and the Greater London Council:

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

  • (3) Any dispensation granted by the Minister under the last foregoing sub-paragraph may be given either unconditionally or subject to conditions (including conditions requiring the Greater London Council to make payments to the other council in respect of the expenses of repairing or renewing the sewer to be transferred).
  • (4) Where a sewer transferred under this paragraph is situated in a part of a London borough or county district or in a street to which an order under paragraph 10 or 11 of this Part of this Schedule applies, the Greater London Council may make such amendments of that order as appear to them to be appropriate in consequence of the transfer.
  • (5) In this paragraph “sewer” includes a part of a sewer.

Control of drainage work

13
  • (1) It shall not be lawful in an inner London borough—
  • (a) to erect any house or other building, or
  • (b) to rebuild any house or other building Which has been pulled down to, or to a level below, the floor commonly called the ground floor,

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

  • (2) In an inner London borough it shall not be lawful to occupy any house or other building which has been erected or rebuilt in contravention of the foregoing sub-paragraph or of section 37 of the Public Health (London) Act 1936.
  • (3) In order to conform with the requirements of this paragraph a drain must provide for the drainage of the house or building in connection with which it is required—
  • (a) into such sewer, situate or intended to be constructed near the house, building or site, as the borough council may direct; or
  • (b) if no sewer is or will be available for the drainage of the house or building, into such covered cesspool or other place, not being under any house or other building, as the council may direct;

and the drains must secure efficient drainage by gravitation at all times and under all conditions of all parts of the house or building including any areas, water-closets, privies and offices belonging to the house or building.

  • (4) In rebuilding in an inner London borough any house or building which has been pulled down to, or to a level below, the floor commonly called the ground floor, the level of the lowest floor of the house or building shall, subject to the provisions of the next following sub-paragraph, be raised so far as may be necessary to allow of the construction of such works as are required by this paragraph, and for that purpose levels shall be taken and determined under the direction of the borough council.
  • (5) Notwithstanding anything in the foregoing provisions of this paragraph, where it is proposed to erect or rebuild in an inner London borough any house or building at such a level as will not allow of the drainage of all parts of the house or building by gravitation as aforesaid, the borough council may, as respects any part of the house or building which cannot be so drained, either—
  • (a) allow that part to be constructed so as not to require drainage therefrom; or
  • (b) allow that part to be drained by means of such pumping or lifting apparatus as may be provided to the satisfaction of the council.

Any pumping or lifting apparatus provided under this sub-paragraph shall be deemed to be a drain.

  • (6) Where separate sewers for the reception of surface water and sewage respectively have been, or are intended to be, provided in any street, the borough council may, in the discharge of their functions under this paragraph in relation to any house or other building which is to be drained into the sewers in that street, require that the house or building be provided with separate drains for discharging surface water and sewage respectively into the appropriate sewers.
  • (7) Any person aggrieved by any order, direction, requirement or other decision of a borough council under the foregoing provisions of this paragraph may appeal to a magistrates' court.
14
  • (1) Where in an inner London borough—
  • (a) any house or other building, whether erected before or after 1st April 1965, is not drained, to the satisfaction of the borough council, by means of a sufficient drain communicating with, and emptying itself into, a sewer, and
  • (b) a sewer is or will be available for the drainage of the house or building,

the council may, by notice served on the owner of the house or building, impose such requirements as are mentioned in the next following sub-paragraph.

  • (2) The requirements which may be imposed by notice under this paragraph are requirements—
  • (a) to construct a covered drain from the house or building into the said sewer and such connections to the drain as are adequate for the purposes of draining the house or building, including any areas, water-closets, privies and offices belonging to the house or building and of conveying the sewage therefrom into the sewer ;
  • (b) to construct the drain and the connections of such materials and size, at such level and with such fall, as are adequate for the said purposes ;
  • (c) to provide proper paved or impermeable sloping surfaces for carrying surface water into the drain or any connections thereto ;
  • (d) to provide proper sinks, and proper inlets and outlets, syphoned or otherwise trapped, for preventing the emission of effluvia from the drain or any connections thereto ;
  • (e) to provide a proper water supply and water-supplying pipes, cisterns and apparatus for scouring the drain and any connections thereto, and for causing the drain and any connections thereto to convey away the soil;
  • (f) to provide proper sand traps, expanding inlets and other apparatus for preventing the entry of improper substances into the drain or any connections thereto ; and
  • (g) to provide all such other proper works and arrangements as appear to the council or their officers necessary to secure the safe and proper working of the drain and to prevent it from obstructing or otherwise injuring, or impeding the action of, the sewer into which it leads.
  • (3) Where—
  • (a) any house or other building in an inner London borough, whether erected before or after 1st April 1965, is without sufficient drainage ; and
  • (b) there is no proper sewer within two hundred feet of any part of the house or building,

the borough council may, with a view to making temporary provision for the drainage of the house or building and for the abatement of any nuisance existing therein or caused thereby, serve on the owner of the house or building a written notice requiring him—

  • (i) to construct, elsewhere than under a house and not nearer to any house than the council may direct, a covered watertight cesspool or tank or other suitable receptacle ; and
  • (ii) to construct and lay a covered drain leading from the first-mentioned house or building into that cesspool, tank or other receptacle.
  • (4) Where a borough council have required any works to be executed under the foregoing provisions of this paragraph, the council may, from time to time during the execution of the works, cause them to be inspected and may by further notice served on the owner of the house or building require such reasonable alterations thereof, additions thereto or abandonment of parts thereof as the council or their officers, with the fuller knowledge afforded by the opening of the ground, consider necessary to secure that the works will be thoroughly effective for their purpose.
  • (5) Where—
  • (a) it appears to the council of an inner London borough that a group or block of contiguous houses, or of adjacent detached or semi-detached houses, can more economically or advantageously be drained and improved in combination than separately ; and
  • (b) a sewer of sufficient size is situate, or about to be constructed, within one hundred feet of any part of the group or block,

the council may by order require that the group or block be drained by a combined operation complying with such of the requirements mentioned in sub-paragraph (2) of this paragraph as may be specified in the order.

  • (6) Any person aggrieved by an order made by a borough council under (the last foregoing sub-paragraph may appeal to a magistrates' court.
15
  • (1) No person shall—
  • (a) begin to lay or to dig out the foundations of any house or building in an inner London borough, or to rebuild any house or building therein; or
  • (b) begin to make any drain for the purpose of draining directly or indirectly into a sewer under the control of the council of such a borough,

unless, at least seven days previously, he has given to the borough council notice of his intention so to do, and if any person begins to lay or dig out the foundations of any such house or building, or to make any drain for the purpose aforesaid, in contravention of this paragraph, he shall be liable to a fine not exceeding five pounds and to a further fine not exceeding forty shillings for every day thereafter until the notice is given.

  • (2) If any house or building, or any drain for draining directly or indirectly into a sewer under the control of the council of a London borough, or any connections to such a drain, or any works, apparatus or water supply in connection with such a drain, is or are begun, erected, made or provided in an inner London borough in contravention of the provisions of this Part of this Schedule or of the corresponding provisions of any enactment repealed by this Act, the council of the borough at their option may either—
  • (a) serve upon the owner of the house or building or of the drain (as the case may be) a notice requiring him to cause the house or building to be demolished or altered or to cause the drain or the connections or other works and apparatus in connection therewith or the waiter supply to be relaid, remade, altered or added to, as the case may require ; or
  • (b) recover from the person in default, as a debt due from him to the council, a penalty not exceeding five pounds, and a further penalty not exceeding forty shillings for every day on which the contravention continues.

Miscellaneous

16

It shall be the duty of the council of a London borough or county district, the Common Council, the Sub-Treasurer or the Under-Treasurer, as the case may be, to cleanse every grating and gully in the borough, district, City, Inner Temple or Middle Temple, as the case may be, which satisfies all the following conditions, that is to say—

  • (a) it is vested in, or under the control of, the Greater London Council; and
  • (b) it is situate in a street which is not a metropolitan road ; and
  • (c) it communicates with a sewer vested in the Greater London Council.
17

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18

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19

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20

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21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10

1

Subject to the provisions of this Schedule, for the purposes of the enactments relating to trade effluents mentioned in section 38 (1) of this Act in their application to the sewerage area of the Greater London Council—

  • (a) the Greater London Council shall be the local authority for that area both as respects public sewers vested in the Council and as respects those vested in a sewerage authority mentioned in sub-paragraph (b) of this paragraph ; and
  • (b) in addition to the Greater London Council, the council of a London borough or county district, the Common Council, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple shall be sewerage authorities.
2

In those enactments in their application to the said sewerage area—

  • (a) any reference to an interested body in relation to a sewer which discharges into a sewer or sewage disposal works of the Greater London Council shall be construed as including a reference to any sewerage authority in whom that sewer is vested ;
  • (b) any reference to a public sewer or to a sewer of a local authority shall be construed as a reference to a public sewer of the Greater London Council or of some other sewerage authority, as the case may require; and
  • (c) any reference to the district of a local authority shall be construed as a reference to the sewerage area of the Greater London Council;

and for the purposes of those enactments and this Part of this Schedule any sewer vested in the Common Council, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple shall be deemed to be a public sewer.

3

The Public Health (Drainage of Trade Premises) Act 1937 in its application to the said sewerage area shall have effect subject to the following provisions:—

  • (a) any reference in the said Act of 1937 to a provision of the Public Health Act 1936 which is modified by Schedule 9 to this Act shall be construed as a reference to that provision as so modified;
  • (b) section 1 shall not prejudice the operation of any provision of the City of London Sewers Act 1848 with respect to the making of communications with sewers or the construction or execution of works to or in connecton with any sewers or drains;
  • (c) in section 4 (1) (c) for the first reference to the local authority there shall be substituted a reference to the authority in whom the sewer was vested at the time when the agreement was made;
  • (d) in section 4 (2) the first reference to the local authority shall, in relation to a drain or sewer, be construed as a reference to the authority who closed the drain or sewer and provided a new one as mentioned in that subsection;
  • (e) in the application of the said Act of 1937 to the inner London boroughs, the City, the Temples and any other area to which that Act did not apply immediately before 1st April 1965—
  • (i) a reference to that date shall be substituted for the references in sections 4 (1) and 9 (2) to 3rd March 1937 and for the reference in section 7 (5) to the passing of that Act;
  • (ii) section 12 shall not have effect;
  • (iii) in the case of any part of the said sewerage area falling within an outer London borough or a county district, any question arising under section 4 (1) (as modified by this sub-paragraph) whether a trade effluent discharged within the period of one year ending on 1st April 1965 was lawfully discharged shall be determined as if the Public Health Act 1936 had not been in operation ; and
  • (f) in the application of the said Act of 1937 to any part of the said sewerage area to which that Act applied immediately before 1st April 1965 by virtue only of an order under section 22 of the London County Council (General Powers) Act 1953, the modifications of the said Act of 1937 specified in that order shall continue to have effect notwithstanding the repeal of the said section 22 by this Act.
4

Section 7 of the said Act of 1937 (which enables a local authority to make agreements for the reception and disposal of trade effluents with the owners or occupiers of trade premises within the district of the authority) shall be construed as enabling—

  • (a) the Greater London Council to enter into such agreements with the owners or occupiers of trade premises outside their sewerage area;
  • (b) sewerage authorities outside that area to enter into such agreements with the owners or occupiers of trade premises within that area ;
  • (c) the Greater London Council and any interested body in whom is vested a sewer in the Council's sewerage area to enter jointly into such agreements with the owners or occupiers of trade premises whether within or outside that area.
5
  • (1) Any payments mentioned in sub-paragraph (2) of this paragraph and received by the Greater London Council shall—
  • (a) if the payment is in respect of the reception or disposal of a trade effluent which has passed through the public sewers of any interested body in the Council's sewerage area, be apportioned between the Council and that body; and
  • (b) if the payment is in respect of the reception and disposal of a trade effluent which has passed through the public sewers of a sewerage authority outside that area, be apportioned between the Council and that sewerage authority,

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