London Government Act 1963

in either case in such proportions as may be agreed or in default of agreement determined by the Minister.

• (2) The said payments are—

• (a) payments made in pursuance of conditions imposed by virtue of section 2 of the Public Health (Drainage of Trade Premises) Act 1937 (whether as originally enacted or as amended by section 59 of the Public Health Act 1961);

• (b) such payments as are mentioned in section 4 (1) (c) of the said Act of 1937 (as modified by the foregoing provisions of this Schedule);

• (c) payments made in pursuance of an agreement under section 7 of the said Act of 1937 (whether as originally enacted or as modified by paragraph 4 of this Schedule); and

• (d) payments made in pursuance of a direction under section 55 of the Public Health Act 1961.

6

In section 68 of the said Act of 1961 any reference to any information which has been furnished under the said Act of 1937 or Part V of the said Act of 1961 shall be construed as including a reference to information which has been furnished under Part II of the London County Council (General Powers) Act 1953 or Part V of the London County Council (General Powers) Act 1962.

7

The enactments relating to trade effluents mentioned in section 38 (1) of this Act shall apply to any part of Greater London which does not form part of the sewerage area of the Greater London Council as they apply elsewhere in England and Wales, and accordingly the local authority for the purposes of those enactments in their application to any such part of Greater London shall as respects a London borough be the council of the borough; but the foregoing provision shall not affect the application of paragraphs 4 and 5 of this Schedule or of any local statutory provision having effect in the district of the West Kent Main Sewerage Board.

SCHEDULE 11

Part I — Modifications

General Modifications

1

Subject to the provisions of this Schedule, any reference in the enactments to which section 40 of this Act applies to the council of a county borough shall be construed as including a reference to the council of a London borough, the Common Council, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple.

2

Subject as aforesaid, and without prejudice to the foregoing paragraph, any reference in the said enactments to the district of a local authority or urban authority shall be construed as including a reference to a London borough, the City, the Inner Temple and the Middle Temple and any reference to a borough or urban district shall be construed as including a reference to the City, the Inner Temple and the Middle Temple.

THE PUBLIC HEALTH ACT 1875

3

Sections 160 and 171 shall not apply to Greater London.

4

Any reference in section 161 to an urban authority shall, in relation to a metropolitan road, be construed as a reference to the Greater London Council alone.

5

The paragraph in Part III of Schedule 5 relating to vaults and graves in churches and other places of public worship shall not apply to the inner London boroughs, the City or the Temples.

THE PUBLIC HEALTH ACTS AMENDMENT ACT 1890

6

At the end of section 2 (2) there shall be added the words “other than a district in Greater London, and any provision of Part III which may be adopted by a local authority in England and Wales shall extend to Greater London without being adopted there, but Part IV shall not extend to, and may not be adopted in, Greater London ” , and section 3 shall not apply to Greater London.

THE PUBLIC HEALTH ACTS AMENDMENT ACT 1907

7

At the end of section 2 (2) there shall be added the words “other than a district in Greater London and such of those Parts or sections as may be so applied to a district in England and Wales shall extend to Greater London without being so applied ” , and section 3 shall not apply to Greater London.

8

Sections 21 and 80 and so much of section 81 as relates to the Town Police Clauses Act 1847 shall not apply to Greater London.

THE PUBLIC HEALTH ACT 1925

9

Notwithstanding anything in section 2 (2) or 3, sections 14, 16 and 26 shall extend to Greater London without being adopted there and sections 17 to 19 shall not extend to, and may not be adopted in, Greater London, and accordingly the said sections 2 (2) and 3 shall not apply to Greater London.

10

Section 76 shall not apply to Greater London.

The Public Health Act 1936

11

Subject to the provisions of the Public Health Act 1936 . . . and this Schedule, in any district in Greater London the duty imposed by section 1(1) of carrying the said Act of 1936 into execution shall, so far as relating to the enactments to which section 40 of this Act applies, be the duty of the local authority for that district.

12

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

13

Section 51 shall in its application to Greater London have effect as if any reference to a water closet included a reference to a urinal and as if that section required the occupier of every building in or in connection with which a urinal is provided to cause the urinal to be supplied with flushing apparatus.

14

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

15

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

16

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

17

Byelaws made under section 81 with respect to Greater London may include provision for preventing the occurrence of nuisances from ice, salt, offal, carrion, fish or other matter as well as nuisance from the matters therein mentioned.

18

• (1) Byelaws made under section 82(1) with respect to Greater London may make the like provision for the removal or carriage by water of faecal or offensive or noxious matter or liquid as may be made with respect to the removal or carriage thereof through the streets and may provide that any receptacle or any ship or other vessel used for the purpose shall be properly constructed and covered so as to prevent the escape of any such matter or liquid and so as to prevent any nuisance arising therefrom.

• (2) In section 82(2) for the words from “a regulation” onwards there shall be substituted the words “an order under section 34 of the Road Traffic Act 1960 or section 10 (1) of the London Government Act 1963, and the order shall prevail”.

19

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

20

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

21

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

22

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

23

In section 266(1)(i) the references to a land drainage authority shall include references to the Greater London Council.

24

In Part XII—

• (a) any reference to the Public Health Act 1936 shall include a reference to section 41 of this Act and this Schedule;

• (b) any reference to a council shall be construed as including a reference to the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple, except that any reference in any provision of Part XII to the clerk or any officer or authorised officer of the council shall, in relation to the Inner Temple or the Middle Temple, be construed as a reference to an officer authorised by the Sub-Treasurer or the Under-Treasurer, as the case may be, to act for the purposes of that provision;

• (c) any reference to a local authority or the district of a local authority shall, so far as relating to any enactment under which the Greater London Council has functions, be construed as a reference to that Council or Greater London as the case may be.

25

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

The Water Act 1945

26

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

27

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

28

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

29

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

The Clean Air Act 1956

30

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

31

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

THE NOISE ABATEMENT Acc;,1960

32

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

The Public Health Act 1961

33

In section 2 (3) after the word “district” there shall be inserted the words “the Common Council, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple”.

34

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

35

In section 20, in its application to Greater London, the reference to a water closet shall include a reference to a urinal.

36

Sections 24 to 31 and 33 shall not apply to an inner London borough, the City or the Temples.

37

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

38

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

39

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

40

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

41

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

Part II — Provisions Reproduced from Enactments Relating to Public Health in London

1

• (1) Without prejudice to sections 259 and 262 of the Public Health Act 1936, but subject to the following provisions of this paragraph, if a local authority consider that in any premises a pond, pool, ditch, gutter or place containing, or used for the collection of, any drainage, filth, stagnant water or other matter is likely to be prejudicial to health or a nuisance, they may by notice require the owner or occupier of the premises to drain, cleanse, cover or fill up the pond, pool, ditch, gutter or place, or to construct a proper drain for the discharge of the matter, or to execute such other works as the circumstances may require.

• (2) The local authority may contribute towards the expenses incurred by any person in complying with a notice under this paragraph.

• (3) Where any works required by a notice under this paragraph interfere with any right to the use of water, the local authority may, with the agreement of the person in whom the right is vested, acquire from him the right and any land for the benefit of which the right enures, instead of compensating him under section 278 of the Public Health Act 1936.

• (4) The provisions of Part XII of the Public Health Act 1936 with respect to appeals against, and the enforcement of, notices requiring the execution of works shall apply in relation to any notice given under this paragraph.

2

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

3

The Greater London Council shall make byelaws with respect to sanitary conveniences, ashpits, cesspools and receptacles for dung and their accessories, in connection with buildings in the inner London boroughs and the Temples, whether constructed before or after 1st April 1965.

4

The Greater London Council shall make byelaws with respect to the construction and use of incinerators for the disposal of refuse in the inner London boroughs, the City and the Temples, being incinerators which are, or are in the nature of, buildings or structures or which form part of a balding or structure.

5

It shall be the duty of each local authority to enforce in their district any byelaws under paragraphs 2 to 4 of this Part of this Schedule which are in force in their district

6

The council of any London borough and the Common Council may make byelaws with respect to the following operations, except when carried out by a local authority (including the Greater London Council) and except so far as byelaws with respect thereto may be made under section 72 or 82 of the Public Health Act 1936, that is to say—

• (a) the removal of refuse from premises in the council's area ;

• (b) the conveyance of refuse by rail, road or water from loading points in that area ;

• (c) the deposit of refuse in premises in that area pending its removal or disposal.

7

Any person who has in his possession or under his control any article of food which is unsound, unwholesome or unfit for human consumption may, by notice to the local authority, specifying and identifying the article, request its removal, and the local authority shall cause it to be removed as if it were trade refuse which they had undertaken to remove under section 73 (1) of the Public Health Act 1936.

8

If the local authority are requested so to do by the occupier of any premises in which there is a person suffering from a notifiable disease, they shall provide for the removal and disinfection or destruction of any rubbish which has been exposed to infection from that disease.

9

• (1) Where it appears to a local authority, being the council of a London borough or the Common Council, that any land within the area of the authority is by reason of its derelict, neglected or unsightly condition detrimental to the amenities of the neighbourhood, the authority may, after serving notice of their proposals on the owner and on the occupier of the land and subject to sub-paragraph (3) of this paragraph, execute such works and do such other things as the authority consider expedient for the purpose of restoring or improving and thereafter preserving the appearance of the land:

Provided that the works and other things which may be required to be executed or done under this paragraph shall not include the erection or maintenance of any building or the doing of anything in or upon any building, but may include the erection or maintenance of a hoarding or fence.

• (2) Any person served with a notice under the foregoing sub-paragraph may, if aggrieved by the proposal specified in the notice, appeal to a magistrates' court within the period of twenty-eight days beginning with the date of the service of the notice.

• (3) A local authority may proceed with the proposals specified in a notice under sub-paragraph (1) of this paragraph if but only if—

• (a) none of the persons on whom the notice was served has, within the said period of twenty-eight days, taken steps to implement the proposals himself or instituted an appeal against the proposals to a magistrates' court; or

• (b) any such steps begun to be taken by any such person within that period are not completed within a reasonable time ; or

• (c) any appeal instituted within that period has been dismissed or abandoned or failed for want of prosecution.

• (4) Any expenses incurred by the local authority in removing any materials from any land in exercise of the powers conferred on them by this paragraph and the cost of selling any materials so removed may be deducted by the authority from the proceeds which they are required by section 276 of the Public Health Act 1936 to pay to the person to whom the materials belonged.

• (5) The foregoing provisions of this paragraph shall not be construed as prejudicing the powers exercisable by the Greater London Council under section 69 of the London Building Acts (Amendment) Act 1939, or by the council of an outer London borough under section 27 of the Public Health Act 1961, or by the local planning authority under section 89 of the National Parks and Access to the Countryside Act 1949.

10

Without prejudice to paragraph 24 of Part I of this Schedule, expressions used in this Part of this Schedule and the Public Health Act 1936 have the same meanings in this Part of this Schedule as in that Act.

SCHEDULE 12

Music and dancing licences

1

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

2

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

3

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

Boxing and wrestling licences

4

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

5

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

6

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

Transmission and cancellation of licences

7

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

8

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

Power to impose general terms, conditions and restrictions by regulations

9

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

Enforcement of paragraphs I to 9

10

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

11

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

12

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

Modifications of Theatres Act 1843

13

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

14

Except in any case in which the Council otherwise require, so much of section 7 of the said Act of 1843 as provides that the actual and responsible manager for the time being of a theatre in respect of which a licence is granted under that Act and two sureties shall become bound in penal sums for the purposes mentioned in that section shall not have effect as respects licences granted by the Council under that Act.

15

In relation to a licence under the said Act of 1843 falling to be granted by the Council, paragraph 9 of this Schedule shall have effect as if for the reference to paragraph 1 or 4 of this Schedule there were substituted a reference to the said Act of 1843, and section 9 of that Act shall not apply.

16

• (1) If the licensee of a theatre licensed by the Council under the said Act of 1843 uses or allows it to be used in contravention of the provisions of that Act or of any term, condition or restriction upon or subject to which the licence is held, he shall be liable on summary conviction to a fine not exceeding fifty pounds.

• (2) Subject to paragraph 19 of this Schedule, on the conviction of such a licensee as aforesaid under the foregoing sub-paragraph, the Council may revoke the licence.

Provisional grant of licences

17

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

Variation of licences

18

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

Appeals

19

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

Interpretation

20

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

SCHEDULE 13

PART I

1

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

Part II

2

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

3

In section 135 (1), in the definition of “district”, for the words “or any local authority in London ” there shall be substituted the words “the City of London or the Inner or Middle Temple ”,

4

For section 137 (3) there shall be substituted—

(3) Part III of this Act shall not extend to the City of London, the Inner Temple or the Middle Temple.

5

In Schedule 6, in column 1, for the words “County councils and county borough councils ” there shall be substituted the words " Councils of counties, county boroughs and London boroughs and the Common Council of the City of London. "

Part III

6

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

SCHEDULE 14

1

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

2

Subject as aforesaid, the functions exercisable by the council of a county borough under or by virtue of Part V and section 51 of the Act of 1930 and sections 28 and 34 of the Act of 1961 shall also be exercisable as respects the metropolitan watercourses by the Greater London Council, and accordingly references in those provisions to a county borough and the council thereof shall, in their application to the metropolitan watercourses, be construed as including references respectively to Greater London and the Greater London Council.

3

The functions exercisable under the Acts of 1930 and 1961 by the council of a London borough or county district or by the Common Council shall, so far as concerns the main metropolitan watercourses, including the banks thereof and drainage works in connection therewith, be exercisable solely by the Greater London Council; and, without prejudice to the foregoing restriction, any provision of the Acts of 1930 and 1961 which precludes or restricts the exercise by a county borough council of any functions with respect to a main river shall apply to the exercise by the council of a London borough or county district or the Common Council of any functions with respect to a main metropolitan watercourse.

4

References to a county borough and the council thereof in section 4(2), 6(4) and 54 of, and paragraph 1 of Part I of Schedule 2 to, the Act of 1930 and in section 17 of the Act of 1961 shall be construed as including references respectively to Greater London and the Greater London Council.

5

Section 78 of the Land Drainage Act 1930 shall cease to have effect, but sections 10, 17 to 19 and 50(1)(a) and (4) of that Act shall not apply in relation to the metropolitan watercourses.

6

The foregoing provisions of this Schedule shall not be construed as applying to any river board area or river authority area a provision of the Act of 1930 which is excluded by paragraph 2 of Schedule 3 to the River Boards Act 1948, or any corresponding provision of the Water Resources Act 1963.

7

Subject to the provisions of paragraph 16 of this Schedule and to any provision made by an order under section 84 or 87 of this Act—

• (a) the functions of the council of any county or county borough under the local enactments relating to the metropolitan watercourses shall instead of being exercisable by that council be exercisable by the Greater London Council, and references in any such enactment to any such council shall be construed accordingly ;

• (b) the local enactments relating to so much of the tidal Thames as lies within the existing county of London shall apply to the whole of the tidal Thames (as described in the Table in paragraph 15(1) of this Schedule), and in those enactments references to, or which are to be taken as references to, the county of London shall be construed as references to the London excluded area ;

• (c) no functions relating to land drainage, flood prevention and the like matters shall (subject to paragraph 16 of this Schedule) be exercisable with respect to the tidal Thames by any authority under any local statutory provisions other than the enactments mentioned in sub-paragraph (b) of this paragraph or by virtue only of section 83(3) of the Act of 1930.

8

Subject to the provisions of section 21 of the Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 and to any provision made by an order under section 84 or 87 of this Act, the power of the Greater London Council under the said Act of 1879 and the other enactments relating to the tidal Thames to approve, require the execution of and execute flood works for the protection of land from flooding by the river Thames in the London excluded area shall be exercisable by them for the protection of land from flooding by such of the river's associated watercourses as lie within the flow and re-flow of its tides in the Lee catchment area.

9

The River Boards Act 1948 shall have effect subject to the following modifications:—

• (a) until the repeal of that Act by the Water Resources Act 1963 takes effect, any reference to a county borough, whether as such or as a local authority, shall be construed as including a reference to a London borough council and the Common Council;

• (b) in section 9 (5) (so far as applicable by virtue of section 9 (10) to the Conservators of the River Thames and the Lee Conservancy Catchment Board), the reference to local authorities shall, without prejudice to the foregoing sub-paragraph, be construed as including a reference to the Greater London Council, London borough councils and the Common Council.

10

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

11

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

12

The expenses so incurred shall be expenses for special London purposes.

13

Where any expenses incurred by the Greater London Council in the discharge of their said functions are by virtue of paragraph 11 of this Schedule chargeable on part of a London borough, any payments made by the council of that borough for meeting precepts for defraying expenses incurred by some other body of persons in the discharge of the like functions with respect to another part of the borough shall be chargeable only on that other part of the borough or such part thereof as the council of that borough shall determine under section 23 of the Act of 1930 (whether as originally enacted or as applied by any other enactment).

14

Paragraphs 11 to 13 of this Schedule shall have effect subject to section 67 of this Act.

15

• (1) Subject to the provisions of any order under the next following sub-paragraph, in this Schedule—

• “the metropolitan watercourses” means the watercourses described in column 1 of the following Table ;

• “the main metropolitan watercourses” means the tidal Thames and the watercourses mentioned by name in paragraphs 2 to 4 of that Table ;

• “the tidal Thames” means the watercourses described in paragraph 1 of that Table ;

• “local enactment” means, in relation to any watercourse, the enactments specified in relation thereto in column 2 of that Table: TABLE 1. So much of the river Thames as lies within the London excluded area, including all its associated watercourses within the flow and re-flow of its tides in that area.The Thames River (Prevention of Floods) Acts 1879 to 1962 and section 14 of the London County Council (General Powers) Act 1932.2. The river Ravensbourne, the Chaffinch Brook, the Beck River, the Pool River, the Quaggy River, the Kid Brook, the Kyd Brook and the Lower Kid Brook, and their associated watercourses.The River Ravensbourne, &c. (Improvement and Flood Prevention) Act 1961.3. The Beverley Brook, the river Graveney, the Pyl Brook and the river Wandle, and their associated watercourses.Part II of the Surrey County Council Act 1925, section 15 of the Surrey County Council Act 1931, Part II of the Surrey County Council Act 1936 and the London and Surrey (River Wandle and River Graveney) (Jurisdiction) Act 1960.4. The river Brent, the river Crane and the Duke of Northumberland's river, and their associated watercourses.Part V of the Middlesex County Council Act 1944.

• (2) The Minister of Agriculture, Fisheries and Food may, after consultation with the Greater London Council and the council of any London borough or county district appearing to him to be affected, by order provide that—

• (a) the whole or any part of a watercourse within the London excluded area shall become a metropolitan watercourse ; or

• (b) the whole or any part of a watercourse other than the tidal Thames shall cease to be a metropolitan watercourse ; or

• (c) the whole or any part of a metropolitan watercourse shall become or cease to be a main metropolitan watercourse.

• (3) In this Schedule—

• “associated watercourse” in relation to any river means a tributary or other watercourse the water from which ultimately flows into, or which is directly or indirectly connected with, that river ;

• “banks” has the same meaning as in the Land Drainage Act 1930;

• “flood works”, in relation to the tidal Thames, has the same meaning as in the local enactments relating thereto ;

• “London excluded area” means so much of Greater London, and of any area adjoining Greater London, as does not lie within the Thames catchment area, the Lee catchment area or the area of any river board or river authority ;

• “public sewer” has the same meaning as in the Public Health Act 1936 ;

• “watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows, except that it does not include so much of any public sewer as lies outside the flow and re-flow of the tides ;

and any reference in this Schedule to a particular river does not include a reference to so much of the river as is a public sewer and lies outside the flow and re-flow of the tides, and any mention of a particular river shall not be construed as prejudicing the meaning of the expression “associated watercourse ”.

16

Paragraph 7(a) and (b) of this Schedule and so much of paragraph 15 thereof as relates to the said paragraph 7(a) and (b) shall not be construed as extending or restricting the application of any of the local enactments relating to the tidal Thames to property for the time being held for the purposes of their undertaking by the Port of London Authority or as extending or restricting the functions of that Authority ; and the other provisions of this Schedule shall not apply to any property for the time being so held or affect any functions of that Authority.

SCHEDULE 15

Part I — The Rating and Valuation Act 1925

1

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

2

• (1) The provisions of section 2 other than subsections (4) and (7) shall not apply to the City or the Temples.

• (2) In section 2 (6), after the words “rating authority” there shall be inserted the words “in the case of the council of a London borough as part of the general rate and in any other case ”,

3

• (1) Section 4 (1) shall not apply to the City.

• (2) At the end of section 4 (4) there shall be added—

Provided that, in relation to any rate to which section 177 of the City of London Sewers Act 1848 (which relates to the rating of empty houses in the City of London) applies, this subsection shall have effect subject to the provisions of the said section 177, and any amount in respect of any such rate which any person is required by that section to pay or allow in respect of any period during which a hereditament is unoccupied shall be allowed to the rating authority in computing any sum which that person is entitled to recover from the authority in respect of that hereditament under this subsection.

4

Sections 6, 7 and 8 shall not apply to the City.

5

• (1) Section 9 (1) shall not apply to Greater London.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

Section 10 (1) and (2) shall not apply to the City or the Temples.

7

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

8

Section 12 shall not apply to the Temples.

9

In the application of section 21 (1) to Greater London, the words “or other area which is liable to be charged separately in respect of any expenses ” (being words inserted by paragraph 1 of Schedule 4 to the Rating and Valuation Act 1961) shall be omitted.

10

Section 54 (1) shall not apply to the City or the Temples, but—

• (a) the accounts of the Common Council so far as they relate to the poor rate levied in the City; and

• (b) the accounts of the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple so far as they relate to any rate in the nature of a general rate levied in the Inner Temple or the Middle Temple, as the case may be,

shall be subject to audit by a district auditor under Part X of the Local Government Act 1933.

11

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

12

In section 68 (1), in the definition of “urban rating area”, for the words “or an urban district” there shall be substituted the words “non-county borough or urban district or a rating area in Greater London ”,

13

In section 68, at the end there shall be added—

(5) Subsection (4) of this section shall not apply to Greater London, but any reference to a parish in this or any other Act, whether passed before or after this Act, shall, unless the contrary intention appears, be construed in relation to Greater London as a reference to a rating area and, in the case of an enactment relating to rating or valuation, as including a reference to any part of a rating area which is subject (otherwise than in respect of a garden or square or by reason of any provision of the City of London (Tithes and Rates) Act 1910 or the City of London (Tithes) Act 1947) to separate or differential rating.

Part II

Modifications of Act of 1925 and other enactments

14

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

15

• (1) Without prejudice to the operation of any other enactment relating to the recovery of rates, where—

• (a) any hereditament in a rating area in Greater London is occupied upon terms which provide that the owner shall pay the general rate charged on that hereditament; and

• (b) the occupier of the hereditament would in any proceedings against him by the rating authority to enforce payment of that rate be entitled to claim diplomatic immunity,

the owner shall be liable to pay to the rating authority an amount equal to so much of any payment in respect of rent received by him from the occupier as represents the proportion of rate included in that payment, and that amount may be recovered from the owner in the same manner and subject to the same conditions as rates recoverable from the occupiers of rated hereditaments.

• (2) In this paragraph—

• (a) the expression “diplomatic immunity” means immunity from suit and legal process which is accorded by law to an envoy or other public minister of a foreign sovereign power accredited to Her Majesty, or to the family or official or domestic staff of such an envoy or minister or to the families of .any such staff, and includes any like immunity and any exemption or relief from rates which is conferred on any person or organisation by or under the International Organisations (Immunities and Privileges) Act 1950 or the Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act 1952 ;

• (b) (the expression “owner” in relation to a hereditament 'includes any person who receives any rent of the hereditament whether on his own account or as agent or trustee for another person.

Part III

Modifications of enactments other than Act of 1925

16

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

17

Sections 10 and 12 of the London Government Act 1899 and any scheme under the said section 10 shall cease to have effect.

18

In section, 117 (8) of the Local Government Act 1929, for the words from “county borough” onwards there shall be substituted the words “rating area in which that parish or other area is situated, to be credited to that parish or other area”.

19

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

20

Section 69 of the said Act of 1948 shall have effect as if the Greater London Council were a county council.

21

In section 144(1) of the said Act of 1948, in the definition of “local authority”, for the words “metropolitan borough” there shall be substituted the words “London borough”.

22

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

23

In section 18(2)(d) of the said Act of 1961, after the words “each county borough” there shall be inserted the words “to each rating area in Greater London ”,

and after the word “borough ” in the second and third places where it occurs there shall be inserted the words “rating area ”,

24

In the application of section 22 (3) of the said Act of 1961 to Greater London, the definition of “parish ” shall be omitted.

25

In section 24 (4) of the said Act of 1961, after the word “counties ” there shall be inserted the words “the Greater London Council, the councils of London boroughs ”,

26

In Schedule 4 to the Licensing Act 1961, in paragraph 2 (5) (a), for the words “urban parish ” there shall be substituted the words “urban rating area within the meaning of the Rating and Valuation Act 1925 ”,

SCHEDULE 16

1

There shall be determined—

• (a) the amount in the pound for which the county council would have to precept for the year 1964-65 in order to cover the net expenditure of that council for general county purposes ;

• (b) the amount in the pound for which that council would have had to precept for that year in order to cover that expenditure if the changes taking place under this Act on 1st April 1965 had taken place on 1st April 1964.

2

If the amount determined under paragraph 1 (b) of this Schedule exceeds that determined under paragraph 1 (a) thereof, there shall be calculated the amount representing the estimated penny rate product for the county for the year 1965-66 multiplied by the number of pence in that excess.

3

• (1) Subject to sub-paragraph (2) of this paragraph, there shall be determined as respects each rating area or part of a rating area in the county council's county review area—

• (a) the amount in the pound for which the county council would have to precept in the year 1964-65 in order to cover the net expenditure of that council for special county purposes chargeable on that rating area or part;

• (b) the amount in the pound for which that council would have had to precept in that year in order to cover that expenditure if the changes taking place under this Act on 1st April 1965 had taken place on 1st April 1964.

• (2) In relation to—

• (a) the Hertfordshire county council and the urban district of Potters Bar; and

• (b) the Surrey county council and the urban districts of Staines and Sunbury-on-Thames,

for the purposes of the determination under paragraph (a) of the foregoing sub-paragraph, references in that paragraph to the county council shall be construed as references to the Middlesex county council and there shall be left out of account any expenditure to which section 93 (1) of the Middlesex County Council Act 1944 applies.

4

If in the case of any rating area or part of a rating area the amount determined under paragraph 3 (1) (b) of this Schedule exceeds that determined under paragraph 3 (1) (a) thereof, there shall be calculated the amount representing the estimated penny rate product for the year 1965-66 for that rating area or part multiplied by the number of pence in that excess.

5

The amount, if any, of the additional rate burden of the county consequential on this Act shall be determined by adding together the amounts, if any, calculated under paragraphs 2 and 4 of this Schedule for the county and for each respectively of the rating areas or parts of rating areas within the county council's county review area.

6

The Minister may make regulations, which shall be subject to annulment in pursuance of a resolution of either House of Parliament—

• (a) as to the manner in which, the assumptions on which, and the person by whom, any amount is to be determined under this Schedule ;

• (b) requiring the county council and any rating authority concerned to furnish the person aforesaid with such information or estimates as he may reasonably require ;

• (c) requiring the person aforesaid to consider any representations as to the determination of any amount which may be made to him by the county council or any such rating authority or by the Greater London Council or any rating authority in Greater London ;

• (d) as to the manner in which any payment by the Greater London Council under section 70 (1) of this Act is made;

and any such regulations may contain such provisions as appear to the Minister to be necessary or expedient for the purposes of the said section 70 and this Schedule in consequence of any changes in the area, status or functions of local authorities or generally for the purpose of giving effect to the said section 70 and this Schedule.

7

Section 144 (3) and (4) of the Local Government Act 1948 shall have effect for the purposes of the said section 70 and this Schedule as they have effect for the purposes of that Act.

SCHEDULE 17

1

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

2

The Local Government Act 1888 shall have effect subject to the following modifications, that is to say—

• (a) section 20(3) shall apply—

• (i) to the Greater London Council and Greater London; and

• (ii) to the council of a London borough and their borough; and

• (iii) to the Common Council and the City and the Temples,

as it applies to a county council and their county; and any sums received by the Greater London Council by virtue of an Order under section 20 (3) by way of the proceeds of local taxation licence duties shall be applicable to general London purposes;

• (b) any powers, duties or liabilities within the City which immediately before 1st April 1965 were by virtue of section 41 (1)(b) powers, duties or liabilities of the London county council shall become powers, duties or liabilities of the Common Council.

3

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

4

In the Canals Protection (London) Act 1898, in section 7, for the words “the administrative county of London” there shall be substituted the words “Greater London”.

5

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

6

In the Local Government Act 1929, in section 115 (7)—

• (a) for the words “the county of London” there shall be substituted the words “Greater London”;

• (b) for the words “metropolitan borough” in both places where “they” occur there shall be substituted the words “London borough”.

7

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

8

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

9

In the Civic Restaurants Act 1947—

• (a) for section I (1) (a) there shall be substituted—

(a) in Greater London, the council of a London borough or the Common Council of the City of London;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

In section I (1) of the Prevention of Damage by Pests Act 1949—

• (a) for the words “metropolitan boroughs” there shall be substituted the words “London boroughs”;

• (b) in paragraph (b) of the proviso, after the word “county” there shall be inserted the words “or in the Greater London Council”.

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

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

20

In the Town and Country Planning Act 1959—

• (a) the Greater London Council and the London borough councils shall be included among the authorities to whom Part II of that Act applies;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

• (1) In the Caravan Sites and Control of Development Act 1960—

• (a) Part I shall extend to the whole of Greater London;

• (b) in section 29 (1), in the definition of “local authority”, after the word “district” there shall be inserted the words “the Common Council of the City of London”.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

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

23

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

24

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

25

In the Trustee Investments Act 1961—,

• (a) in section 11(4)(a), after the word “London” there shall be inserted the words “the Greater London Council” ; and

• (b) in paragraph 4 of Part IV of Schedule 1, in the definition of “local authority”, after the word “London” there shall be inserted the words “the Greater London Council”.

26

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

27

In the Local Government (Records) Act 1962—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in section 8 (1), in the definition of “local authority”, for the words “metropolitan borough” there shall be substituted the words “London borough” and after the words “county district” there shall be inserted the words “or the Greater London Council”.

28

In the Betting, Gaming and Lotteries Act 1963—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) in paragraph 2 of Schedule 1, paragraphs . . . 6 of Schedule 3, paragraph 9(a) of Schedule 6, and paragraph 1 (2) (a) of Schedule 7, for the words “metropolitan borough” wherever these words occur there shall be substituted the words “London Borough”.

29

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

SCHEDULE 18

PART I — Enactments Repealed as from passing of this Act

PART II — Enactments Repealed as from 1st April 1965

London boroughs.

General duty of Greater London Council with respect to road traffic and abolition of London Traffic Area and Traffic Advisory Committee.

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

Local education authorities.

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

General application of Public Health Acts.

Accommodation and welfare of disabled and old persons, etc.

Rating and valuation.

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

2

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

3

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

4

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

5

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

6

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

1

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

5

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

6

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

7

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

11

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12

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

2

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

3

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

4

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

9

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

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

10

13

16

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

3

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

4

Byelaws with respect to the construction and use of incinerators for the disposal of refuse in inner London boroughs and the City (being incinerators which are, or are in the nature of, buildings or structures or which form part of a building or structure) shall be made by the councils of those boroughs or the Common Council, as the case may be.

5

It shall be the duty of each local authority to enforce in their district any byelaws under paragraphs 2 to 4 of this Part of this Schedule which are in force in their district.

6

The council of any London borough and the Common Council may make byelaws with respect to the following operations, except when carried out by a local authority . . . and except so far as byelaws with respect thereto may be made under section 72 or 82 of the Public Health Act 1936, that is to say—

• (a) the removal of refuse from premises in the council’s area;

• (b) the conveyance of refuse by rail, road or water from loading points in that area;

• (c) the deposit of refuse in premises in that area pending its removal or disposal.

7

Any person who has in his possession or under his control any article of food which is unsound, unwholesome or unfit for human consumption may, by notice to the local authority, specifying and identifying the article, request its removal, and the local authority shall cause it to be removed as if it were trade refuse which they had undertaken to remove under section 73(1) of the Public Health Act 1936.

8

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

9

• (1) Where it appears to a local authority, being the council of a London borough or the Common Council, that any land within the area of the authority is by reason of its derelict, neglected or unsightly condition detrimental to the amenities of the neighbourhood, the authority may, after serving notice of their proposals on the owner and on the occupier of the land and subject to sub-paragraph (3) of this paragraph, execute such works and do such other things as the authority consider expedient for the purpose of restoring or improving and thereafter preserving the appearance of the land:

• (2) Any person served with a notice under the foregoing sub-paragraph may, if aggrieved by the proposal specified in the notice, appeal to a magistrates’ court within the period of twenty-eight days beginning with the date of the service of the notice.

• (3) A local authority may proceed with the proposals specified in a notice under sub-paragraph (1) of this paragraph if but only if—

• (a) none of the persons on whom the notice was served has, within the said period of twenty-eight days, taken steps to implement the proposals himself or instituted an appeal against the proposals to a magistrates’ court; or

• (b) any such steps begun to be taken by any such person within that period are not completed within a reasonable time; or

• (c) any appeal instituted within that period has been dismissed or abandoned or failed for want of prosecution.

• (4) Any expenses incurred by the local authority in removing any materials from any land in exercise of the powers conferred on them by this paragraph and the cost of selling any materials so removed may be deducted by the authority from the proceeds which they are required by section 276 of the Public Health Act 1936 to pay to the person to whom the materials belonged.

• (5) The foregoing provisions of this paragraph shall not be construed as prejudicing the powers exercisable by the Greater London Council under section 69 of the London Building Acts (Amendment) Act 1939, or by the council of an outer London borough under section 79 of the Building Act 1984, or by the local planning authority under section 89 of the National Parks and Access to the Countryside Act 1949.

10

Without prejudice to paragraph 24 of Part I of this Schedule, expressions used in this Part of this Schedule and the Public Health Act 1936 have the same meanings in this Part of this Schedule as in that Act.

2A

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

Indoor sports licences

3A

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

3B

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

3C

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

6A

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

6B

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

Enforcement of paragraphs 1 to 9

9A

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

11A

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

12A

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

12B

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

12C

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

18A

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

19A

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

Editorial notes