Local Government Act 1985

“surveying authority”, in relation to any area, means the county council, metropolitan district council or London borough council whose area includes that area.

• (7) In section 72(10) after the words “a county council” there shall be inserted the words “or metropolitan district council”.

• (8) In the definition of “local authority” in paragraph 5(1) of Schedule 14 and paragraph 13(2) of Schedule 15 for the words “a district council, the Greater London Council” there shall be substituted the words “a non-metropolitan district council”.

SCHEDULE 4

Part I — Amendments of the Highways Act 1980

1

In section 1—

• (a) in subsection (2), after the word “county” in the first place where it occurs, there shall be inserted the words “or metropolitan district”, and after that word in the second place where it occurs there shall be inserted the words “or, as the case may be, the district”;

• (b) in subsection (3) for the words from the beginning to “the council” there shall be substituted the words “The council”; and

• (c) in subsection (4), after the word “county”, there shall be inserted the words “or, as the case may be, the metropolitan district”.

2

In section 2, in paragraph (a), after the word “county”, there shall be inserted the words “or metropolitan district”, and in paragraph (b) for the words from “the” in the second place where it occurs to the end of the paragraph there shall be substituted the words “the council of the borough,”.

3

In section 4(3), before the word “district”, there shall be inserted the word “non-metropolitan”.

4

In section 6—

• (a) in subsection (1)—

• (i) for the words “the Greater London Council” there shall be substituted the words “a metropolitan district council”; and

• (ii) the words after “below” shall be omitted;

• (b) after that subsection there shall be inserted—

(1A) The Minister shall not delegate functions to a council under subsection (1) above— (a) with respect to a trunk road or land outside their area but within a non-metropolitan county or London borough, except with the consent of the council of that county or borough; (b) with respect to a trunk road or land outside their area but within a metropolitan district except after consultation with the council of that district.

• (c) in subsection (5) for the words “the Greater London Council” there shall be substituted the words “a metropolitan district council”;

• (d) in subsection (6) the words after “arrangements” in the third place where it occurs shall be omitted; and

• (e) after that subsection there shall be inserted—

(6A) No arrangements shall be entered into under subsection (6) above for the carrying out by a district council of any functions— (a) with respect to a trunk road or land outside their area but within a non-metropolitan district, except with the consent of the council of the non-metropolitan district; (b) with respect to a trunk road or land outside their area but within a metropolitan district, except after consultation with the council of the metropolitan district.

5

At the end of section 8(4) there shall be inserted “; and the council of a metropolitan district may not enter into an agreement under this section with the council of another metropolitan district or of a county unless the districts are in the same county or in counties which adjoin each other or, as the case may be, the county in which the district is situated and the other county adjoin each other.”.

6

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7

In sections 31(7), 36(6), 40, 172(1), 188(1), 190(1), 191(1) and (3), 192(1) and (3), 193(1) and (2), 194(1) and (2), 195(3), 197(2) and (3), 198, 199 and 200(2) and (3), after the word “county”, there shall be inserted the words “, metropolitan district”.

8

In section 34, after the words “county council,” there shall be inserted the words “a metropolitan district council,”.

9

In section 35, in subsections (1)(a) and (b) and 3(d) and (e) before the word “district”, and in subsection (7) before the word “district” in the first two places where it occurs, there shall be inserted the word “non-metropolitan”.

10

In section 39, after the words “county council”, there shall be inserted the words “or metropolitan district council”.

11

In section 42(1) and (3), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

12

In section 43(2), before the word “district”, there shall be inserted the word “non-metropolitan”.

13

In section 45—

• (a) in subsections (4) and (6) for the word “county” there shall be substituted the words “non-metropolitan county, metropolitan district”;

• (b) in subsections (7) and (8) for the word “county” there shall be substituted the words “non-metropolitan county or metropolitan district”; and

• (c) in subsection (12), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

14

In section 50, in subsection (2), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

15

In section 61, before the word “district” in each place where it occurs there shall be inserted the word “non-metropolitan”.

16

In section 64(5) for the words “subsections (1) to (4)” there shall be substituted the words “subsections (1) to (3)”.

17

In section 66(6), after the word “county” in both places where it occurs, there shall be inserted the words “or metropolitan district”.

18

In section 79(3), before the word “district” there shall be inserted the word “non-metropolitan”.

19

In sections 80(4), 195(1)(b), 254(2)(b) and 271(1)(ii) and paragraph 1 of Schedule 15 after the word “county”, there shall be inserted the words “or metropolitan district”.

20

In section 95(1), in paragraph (a), after the word “county”, there shall be inserted the words “or metropolitan district”, and in paragraph (c) for the words “any other” there shall be substituted the word “a”.

21

At the end of section 100(6) there shall be inserted “; and where the highway authority are a metropolitan district council they shall, before so exercising any powers under that Act, give such notice to the water authority within whose area the powers are proposed to be exercised.”.

22

In section 114(1), (3) and (4), after the words “county council” there shall be inserted the words “or metropolitan district council”.

23

In section 115H, in subsection (1) for the words “subsections (2) and (3)” there shall be substituted the words “subsection (3)”; and in subsection (3) for the words from the beginning to “as” there shall be substituted

Subsection (1) above shall have effect in relation to a highway— (a) to which this Part of this Act applies; and (b) in relation to which there is no pedestrian planning order in force, as

24

In section 116—

• (a) in subsection (1) for the word “appropriate” there shall be substituted the word “highway”; and

• (b) for paragraph (a) of subsection (3) there shall be substituted—

(a) if the highway is in a non-metropolitan district, the council of that district; and

25

In sections . . . 143(1)(a), 146(2)(a) and (5)(b), 147(1)(a), . . . and 175, before the word “district”, there shall be inserted the word “non-metropolitan”.

26

In section 151(1)(a) for the words after “also” there shall be substituted the words “, if the street is situated in a non-metropolitan district, the council of that district; and”.

27

In section 154(1)(b) for the words after “also” there shall be substituted the words “, if the highway is situated in a non-metropolitan district, the council of that district;”.

28

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29

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30

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31

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32

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33

In section 203(3) in the definition of “street works authority” after the word “county”, there shall be inserted the words “or metropolitan district”.

34

In sections 205(5) and 210(2) for the words after “also” there shall be substituted the words “, in the case of a street situated in a non-metropolitan district, at the offices of the council of that district.”.

35

In sections 220(2) and 223(6), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

36

In section 230(7), after the word “concerned”, there shall be inserted the words “is situated in a non-metropolitan district and”.

37

In section 263(5), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

38

In section 264—

• (a) in subsection (1), after the word “county” in both places where it occurs, there shall be inserted the words “or metropolitan district”;

• (b) for subsection (2) there shall be substituted—

(2) The drains belonging to a highway— (a) which immediately before the date of the abolition of the Greater London Council under the Local Government Act 1985 was a metropolitan road; and (b) which did not become a trunk road on that date by virtue of an order made under paragraph 53 of Schedule 4 to that Act, vest in the council of the London borough in which the highway is situated or, if it is situated in the City in the Common Council, and where any other drain or sewer was, at the date when the highway became a metropolitan road, used for any purpose in connection with the drainage of that highway, that council shall have the right of using the drain or sewer for that purpose.

• (c) in subsection (3)—

• (i) in paragraph (a), before the word “district”, there shall be inserted the word “non-metropolitan”;

• (ii) in paragraph (c) for the words “or the Greater London Council” there shall be substituted the words “, metropolitan district council or London borough council or the Common Council”.

39

In section 285—

• (a) in subsection (1) for the words from “either” to “are” in the first place where it occurs there shall be substituted the words “the Minister of Transport, after consultation with the highway authority, is”, and in paragraph (b) of that subsection for the word “are” in both places where it occurs there shall be substituted the word “is”;

• (b) in subsection (4) for the words “or the Council execute or propose” there shall be substituted the words “executes or proposes”;

• (c) in subsection (5) for the words “or the Council execute” there shall be substituted the word “executes”; and

• (d) in subsection (6) for the words “or the Council proceed” there shall be substituted the word “proceeds”.

40

In section 298(1), before the word “district”, there shall be inserted the word “non-metropolitan”.

41

In section 330(1), after the words “county council” in both places where they occur, there shall be inserted the words “or metropolitan district council”.

42

In paragraph 1 of Schedule 7, before the words “district council”, there shall be inserted the word “non-metropolitan”.

43

In paragraph 1(d) of Schedule 12 for the words from “road” to “is” there shall be substituted the words “road in a non-metropolitan district, to the district council, and if the highway is a classified road”.

44

In paragraph 1 of Schedule 23 for the words “they have” there shall be substituted the words “it has”.

Part II — Amendments of Other Enactments

45

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46

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47

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48

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49

In section 5(1) of the Parish Councils Act 1957, in the second column of the Table, after the words “county council”, there shall be inserted the words “or metropolitan district council”.

50

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

51

In section 19(1) of the Land Compensation Act 1973—

• (a) at the end of paragraph (a) of the definition of “the appropriate highway authority”, there shall be inserted the words “or any other authority to which the functions of that authority in relation to that highway are transferred by virtue of the Local Government Act 1985”; and

• (b) at the end of paragraph (b) of that definition, there shall be inserted the words “or any other authority to which the functions of that authority in relation to that highway are transferred by virtue of that Act”.

Part III — Supplementary Provisions

52

Where by virtue of this Act the functions of a highway authority are transferred to other highway authorities any rights of the transferor authority under section 82(2) of the Public Health Act 1961 shall become rights of each of the transferee authorities affected by the local Act in question.

53

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

54

• (1) Where a bridge carries a highway for which the Secretary of State is not the highway authority and part of the bridge is situated in one metropolitan district and part in another in the same county, the highway authority for the highway carried by the bridge and the approaches to it is such one of the councils of those districts as may be agreed between them before such a day as the Secretary of State may by order appoint or, in default of such agreement, as may be determined by the Secretary of State.

• (2) Where a bridge carries a highway to which this sub-paragraph applies and part of the bridge is situated in one London borough and part in another, the highway authority for the highway carried by the bridge and the approaches to it is such one of the councils of those boroughs as may be agreed between them before such a day as the Secretary of State may by order appoint or, in default of such agreement, as may be determined by the Secretary of State.

• (3) Sub-paragraph (2) above applies to a highway which—

• (a) immediately before the abolition date is a metropolitan road; and

• (b) does not on that date become a trunk road by virtue of an order under paragraph 53(2) above.

• (4) Where the Secretary of State has made a determination under sub-paragraph (1) or (2) above, the determination—

• (a) may be varied at the request of either of the councils concerned; and

• (b) shall be varied to give effect to any request made jointly to the Secretary of State by both those councils;

and any such variation shall take effect on the 1st April falling not less than 3 months, and not more than 15 months, after the date on which the determination is varied.

• (5) In sub-paragraph (2) above references to a London borough include references to the City and references to the council of a London borough include references to the Common Council; and in sub-paragraph (4) above references to councils shall be construed accordingly.

• (6) Without prejudice to section 3(3) of the Highways Act 1980, where a bridge carries a highway for which the Secretary of State is not the highway authority and sub-paragraphs (1) and (2) above do not apply, but some part of one or more of the approaches to the bridge lies in a metropolitan district or London borough different from that in which the bridge itself is situated, the highway authority for the whole of that approach or those approaches is the council of the metropolitan district or London borough in which the bridge is situated.

• (7) For the purposes of this paragraph, the approaches to a bridge consist of so much of the highway or highways on either side of the bridge as is situated within 100 yards of either end of the bridge.

55

In the foregoing provisions of this Part of this Schedule “bridge”, “highway”, “proposed highway” and “trunk road” have the same meaning as in the Highways Act 1980 and “metropolitan road” has the meaning which, but for the provisions of this Act, it would continue to have in that Act.

56

• (1) Subject to the following provisions of this paragraph—

• (a) any agreement made between the Secretary of State or the Minister of Transport and a metropolitan county council under subsection (1) or (5) of section 6 of the Highways Act 1980, and

• (b) any arrangements made by a metropolitan county council with a district council under subsection (6) of that section,

shall, if subsisting immediately before the abolition date, cease to have effect on that date; and where any such agreement ceases to have effect under this sub-paragraph anything done before the abolition date by or in relation to the metropolitan county council in respect of the agreement shall have effect as if done by or in relation to the Secretary of State.

• (2) Subject to sub-paragraph (4) below, the Secretary of State may by order provide that any such agreement specified in the order shall have effect as from the abolition date as an agreement between the Secretary of State and a metropolitan district council or non-metropolitan county council specified in the order (a “successor council”) or as two or more separate agreements, each being between the Secretary of State and a successor council.

• (3) An order under this paragraph in respect of an agreement may—

• (a) provide that anything done by or in relation to the metropolitan county council in respect of the agreement shall have effect as if done by or in relation to any successor council or councils;

• (b) modify or exclude any term of the agreement in relation to any successor council or councils;

• (c) make provision in respect of any arrangements made by the metropolitan county council under section 6(6) of the said Act of 1980 in relation to the agreement;

• (d) include such other incidental, consequential, transitional or supplementary provision as appear to the Secretary of State to be necessary or expedient.

• (4) All rights of a metropolitan county council arising from or in connection with any such agreement as is mentioned in sub-paragraph (1) above to receive payments from the Secretary of State and all liabilities of such a council arising as aforesaid to make payments to him (being rights and liabilities attributable to anything done or omitted under or in respect of any such agreement before the abolition date) shall be transferred on that date to the appropriate residuary body; and accordingly as from that date any such agreement shall have effect as respects such rights and liabilities as an agreement between the Secretary of State and the appropriate residuary body.

57

The Secretary of State may by order provide that any agreement specified in the order and made before the abolition date between him and a metropolitan county council in pursuance of regulation 14 of the Noise Insulation Regulations 1975 (local authorities as agents of highway authorities) shall cease to have effect on that date.

SCHEDULE 5

Part I — Amendments of Enactments

The Chronically Sick and Disabled Persons Act 1970

1

In section 21(8) of the Chronically Sick and Disabled Persons Act 1970, after the word “county”, there shall be inserted the words “or metropolitan district”.

The Road Traffic Act 1972

2

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The Public Passenger Vehicles Act 1981

3

• (1) The Public Passenger Vehicles Act 1981 shall be amended as follows.

• (2) In section 5(3)(b) for the words “and Wales county councils and the Greater London Council” there shall be substituted the words “non-metropolitan county councils, in Wales county councils”.

• (3) For section 31(4)(a) there shall be substituted—

(a) in metropolitan counties, metropolitan county passenger transport authorities;

• (4) In section 38(8), in the definition of “local authority”, after the words “county council”, there shall be inserted the words “or metropolitan district council”.

• (5) In section 40(2)(c)(i), before the word “district”, there shall be inserted the word “non-metropolitan”.

• (6) In section 47(7) in the definition of “local authority”, for the words “a county council or the Greater London Council” there shall be substituted the words “the council of a county, metropolitan district or London borough and the Common Council of the City of London”.

• (7) In Schedule 1, in paragraph 2(2)(a), for the words “the Greater London Council or a county council” there shall be substituted the words “the council of a county, metropolitan district or London borough and the Common Council of the City of London”.

• (8) In Schedule 4, in paragraphs 2(1)(b) and 4(b), before the word “district” there shall be inserted the word “non-metropolitan”.

The Road Traffic Regulation Act 1984

4

• (1) The Road Traffic Regulation Act 1984 shall be amended as follows.

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

• (3) In section 6—

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

• (b) for subsection (3)(a) there shall be substituted—

(a) to the whole area of a local authority, or to particular parts of that area, or to particular places or streets or parts of streets in that area;

.

• (4) In section 9(5) for the words “the Greater London Council” there shall be substituted the words “a London borough council or the Common Council of the City of London”; and for the words “the Council” in each place where they occur there shall be substituted the words “the council”.

• (5) In section 10(5) for the words “the Greater London Council” there shall be substituted the words “a London borough council or the Common Council of the City of London”; and for the words “that Council” there shall be substituted the words “that council”.

• (6) In section 12—

• (a) in subsection (1) for the words “the Greater London Council” and “that Council” there shall be substituted the words “the local authority” and “that authority” respectively;

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

• (c) in subsection (3) for the words “the Council’s” and “the Council” there shall be substituted the words “the local authority’s” and “the authority” respectively;

• (d) in subsection (6) for the words “the Greater London Council” there shall be substituted the words “the local authority”; and

• (e) for subsection (10) there shall be substituted—

(10) In this section— - “the commissioner of police”, in relation to the metropolitan police district, means the commissioner of police of the metropolis and, in relation to the City of London, means the commissioner of police for the City of London; and - “local authority” means the council of a London borough or the Common Council of the City of London.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) In section 26—

• (a) in subsection (2)(a), after the word “county”, there shall be inserted the words “or metropolitan district”;

• (b) in subsection (4)(a), after the word “county” in the first place where it occurs there shall be inserted the words “or metropolitan district”, and for the words “or in the” there shall be substituted the words “, metropolitan district or”; and

• (c) in subsection (5)(a) for the words “as respects places in the county” there shall be substituted the words “or metropolitan district as respects places in the county or district”.

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) In section 31(2) for the words after “confirmation” there shall be substituted the words “by the Secretary of State”.

• (14) In section 36(3), before the word “district”, there shall be inserted the word “non-metropolitan”.

• (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (16) In section 39—

• (a) in subsection (3), after the words “district council”, there shall be inserted the words “, other than a metropolitan district council,”;

• (b) in subsection (4)—

• (i) after “32” there shall be inserted “or 35”;

• (ii) before the word “district” in the second place where it occurs there shall be inserted the word “non-metropolitan”; and

• (iii) the words “or Wales” shall be omitted; and

• (c) in subsection (6), after the words “district council” in the first place where they occur, there shall be inserted the words “, other than a metropolitan district council,”.

• (17) In section 43—

• (a) in subsection (1) for the words “the Council”, in both places where they occur, there shall be substituted the words “the local authority”;

• (b) in subsection (6) for the words “the Council” there shall be substituted the words “a local authority”, and the words “comprised within the area of a particular local authority” in paragraph (a) and the words after paragraph (c) shall be omitted;

• (c) in subsection (13) for the words “the Council” there shall be substituted the words “the local authority”;

• (d) in subsection (14) the definitions of “the Common Council” and “the Council” shall be omitted, and for the definition of “local authority” there shall be substituted—

“local authority” means the council of a London borough or the Common Council of the City of London;

; and

• (e) in subsection (15) for the words “the Council” there shall be substituted the words “a local authority”, and after the word “designated” there shall be inserted the words “by the local authority”.

• (18) In section 44—

• (a) in subsection (1) for paragraph (a) there shall be substituted—

(a) in English counties, by the county council or metropolitan district council, and in Welsh counties, by the county council; and

• (b) in subsection (3) for paragraph (b) there shall be substituted—

(b) may in relation to non-metropolitan counties in England and counties in Wales provide for certain functions of local authorities under the London provisions in respect of areas designated as controlled areas to be conferred on district councils or on both county councils and district councils, and may in consequence of any such distribution of functions make such incidental and supplementary provision as appears to Her Majesty to be necessary or expedient;

• (19) In section 45—

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

• (b) in subsection (7)(a), after the word “county”, there shall be inserted the words “, metropolitan district”.

• (20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (22) In section 55(4)(c) for the words “any county council, to the Greater London Council” there shall be substituted the words “the council of any county, metropolitan district or London borough or to the Common Council of the City of London”.

• (23) In section 58(1), in the second column of the Table, after the words “county council”, there shall be inserted the words “or metropolitan district council”.

• (24) In section 59—

• (a) in subsection (1), after the word “county” in the first place where it occurs there shall be inserted the words “or metropolitan district”, and after the words “county council” there shall be inserted the words “or metropolitan district council”.

• (b) in subsection (2)—

• (i) in paragraph (a), after the words “the county council” in the first place where they occur, there shall be inserted the words “or metropolitan district council”, and for the words “the county council” in the second place where they occur there shall be substituted the words “that council”;

• (ii) in paragraph (b) for the words “send a copy of that application” there shall be substituted the words “in the case of an application to a county council, send a copy of it”; and

• (iii) before the words “the county council” in the third place where they occur there shall be inserted the words “, in that case,”;

• (c) in subsection (4), after the words “county council” in both places where they occur, there shall be inserted the words “or metropolitan district council”;

• (d) in subsection (5), after the words “county council”, there shall be inserted the words “or metropolitan district council”;

• (e) in subsection (6), after the words “county council” in each place where they occur, there shall be inserted the words “or metropolitan district council”; and

• (f) in subsection (7), after the words “county council”, there shall be inserted the words “or metropolitan district council”.

• (25) In section 61(1) for the words “a county council or the Greater London Council” there shall be substituted the words “the council of a county, metropolitan district or London borough or the Common Council of the City of London”.

• (26) In section 73—

• (a) for subsection (1) there shall be substituted—

(1) In connection with any order under section 6 or 9 of this Act made or proposed by them, the council of a London borough and the Common Council of the City of London may, as respects any road in their area which is not a trunk road affix any traffic sign to any lamp-post or other structure in the highway, whether or not belonging to the council.

; and

• (b) in subsection (2) for the words from “Greater London” to “Council” there shall be substituted the words “their area which is required in connection with an order under section 6 or 9 of this Act, it shall be the duty of the council of a London borough and of the Common Council of the City of London”.

• (27) In section 74(1) for the words “Greater London” there shall be substituted the words “their area”, and the words “the Greater London Council or” and “, as the case may be,” shall be omitted.

• (28) In section 78(2), after the word “county” in the first place where it occurs, there shall be inserted the words “or metropolitan district”.

• (29) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (30) For section 94 there shall be substituted—

(94) (1) Where an order under section 6 or 9 of this Act is made or proposed to be made by the Secretary of State, he may, to such extent as he considers necessary in connection with the order, authorise or require any person who is responsible for the maintenance of any road in Greater London which is not a trunk road— (a) to place on the carriageway such bollards or other obstructions as the Secretary of State may consider appropriate for preventing the passage of vehicles, or vehicles of any class, at any point at which their passage (whether in any direction or in one direction only) is prohibited by any such order, and to maintain and light those obstructions; or (b) to remove any obstruction placed by that person in pursuance of an authorisation or a requirement under this subsection. (2) Where an order under section 6 or 9 of this Act is made or proposed to be made by the council of a London borough, they may, to such extent as they consider necessary in connection with the order, authorise or require any person who is responsible for the maintenance of any road in their area which is not a trunk road and for which they are not the highway authority— (a) to place on the carriageway such bollards or other obstructions as they may consider appropriate for preventing the passage of vehicles, or vehicles of any class, at any point at which their passage (whether in any direction or in one direction only) is prohibited by any such order, and to maintain and light those obstructions; or (b) to remove any obstruction placed by that person in pursuance of an authorisation or a requirement under this subsection. (3) Subsections (2) and (3) of section 92 of this Act shall apply in relation to the placing of bollards or other obstructions under subsection (1) or (2) above, as if for any reference in them to subsection (1) of that section there were substituted a reference to subsection (1) or (2) above. (4) To such extent as the Secretary of State or, as the case may be, the council of a London borough may consider necessary in connection with an order under section 6 or 9 of this Act, whether made or proposed to be made by the Secretary of State or that council— (a) the Secretary of State may do with respect to any trunk road anything which he might under subsection (1)(a) above require to be done with respect to any other road; and (b) the council of the London borough may do with respect to any road in their area which is not a trunk road and for which they are the highway authority anything which they might under subsection (2)(a) above require to be done with respect to a road for which they are not the highway authority. (5) If a person fails to comply with a requirement to carry out any work under subsection (1) or (2), above, the Secretary of State or, as the case may be, the council of the London borough may carry out the work, and the expenses incurred by the Secretary of State or that council in doing so shall be recoverable summarily as a civil debt from that person. (6) Section 79 of this Act shall apply in relation to any such obstruction as is mentioned in subsection (1) or (2) above as it applies in relation to traffic signs; and the power of the Secretary of State under that section to make advances towards expenses incurred in relation to traffic signs shall be exercisable with respect to any expenses incurred by the council of a London borough by virtue of subsection (4) above. (7) In this section references to the council of a London borough include references to the Common Council of the City of London.

• (31) In section 100—

• (a) in subsection (2), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”; and

• (b) in subsection (5)(a) for the words “the Greater London Council or the council of a county” there shall be substituted the words “the council of a county, metropolitan district or London borough or the Common Council of the City of London”.

• (32) In section 102(6) for the words from “by” in the first place where it occurs to “district” in the first place where it occurs there shall be substituted the words “by the council of a non-metropolitan district”.

• (33) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (34) In section 122(1) for the words “the Greater London Council and of every other” there shall be substituted the word “every”.

• (35) In section 125(4), after the word “county”, there shall be inserted the words “metropolitan district,”.

• (36) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (37) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (38) In Schedule 4—

• (a) in paragraph 1—

• (i) for the words “the Council” in each place where they occur there shall be substituted the words “the local authority”; and

• (ii) the words from “and to each” to “controlled area” shall be omitted;

• (b) in paragraphs 2 to 6 for the words “the Council” in each place where they occur there shall be substituted the words “the local authority”;

• (c) in paragraph 8 for the words “Greater London” there shall be substituted the words “their area”;

• (d) in paragraphs 15, 19 and 20(a) for the words “the Council” there shall be substituted the words “the local authority”.

• (39) In Schedule 9—

• (a) for paragraph 1 there shall be substituted—

(1) Subject to paragraphs 8 and 26 of this Schedule, the Secretary of State, after consultation with a local authority having power to make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, 19, 32, 35, 37, 38, 45, 46, 49(2) and (4), 53, 83(2) and 84 (in this Part of this Schedule referred to as an “authorised authority”) may give to that authority a direction under paragraph 2 below with respect to any of those provisions.

• (b) in paragraph 4, for the words “the Greater London Council” in sub-paragraph (a) there shall be substituted the words “the council of a London borough or the Common Council of the City of London under section 6, 9, 45, 46, 49(2) or (4), 83(2) or 84 of this Act”, and the words “the Council or, as the case may be,” in that sub-paragraph and the words “Council or” in sub-paragraph (b) shall be omitted;

• (c) in paragraph 5(1) for the words “the Greater London Council” there shall be substituted the words “the council of a London borough or the Common Council of the City of London”, and for the words “Greater London” in both places where they occur there shall be substituted the words “their area”;

• (d) in paragraph 6(1)(c) for the number “50” in the first place where it occurs there shall be substituted the number “49”, and the words “, or on the application of,” and the words after “authority” shall be omitted.

• (e) in paragraph 12(a), after the words “county council”, there shall be inserted the words “or metropolitan district council”;

• (f) in paragraph 13(1) for the words “the Greater London Council” there shall be substituted the words “the council of a London borough and the Common Council of the City of London”;

• (g) in paragraph 14 for the words “the Greater London Council” there shall be substituted the words “the council of a London borough or the Common Council of the City of London”, and the number “50,” shall be omitted;

• (h) in paragraph 20(1) for the words “the Greater London Council or any other” there shall be substituted the word “a”, and the number “50,” shall be omitted;

• (i) in paragraph 21 for the words “the Greater London Council” there shall be substituted the words “the council of a London borough and the Common Council of the City of London”; and

• (j) in paragraph 23(1) for the words “the Greater London Council” there shall be substituted the words “the council of a London borough or the Common Council of the City of London”, and for the words “that Council” in both places where they occur there shall be substituted the words “that council”.

Part II — Supplementary Provisions Relating To Road Traffic

Designation of roads in Greater London

5

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

Guidance as to exercise of traffic powers in Greater London and metropolitan counties

6

• (1) For the purpose of ensuring that the exercise by a council in Greater London or a metropolitan county of the traffic powers specified below in relation to councils of its class does not have an adverse effect on traffic or any class of traffic or parking places or any class of parking place in any part of . . . that county, other than the area of that council, the Secretary of State may issue guidance as to the manner in which, in relation to roads other than those for which he is the traffic authority—

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

• (b) the councils of metropolitan districts should exercise their powers to make, vary or revoke orders under or by virtue of sections 1, 9, 19, 32, 35, 37, 38, 45, 46, 49(2) and (4), 53, 83(2) and 84 of that Act.

• (2) Before issuing any such guidance the Secretary of State shall consult—

• (a) the chief officers of police for the areas to which the guidance relates; and

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

• (3) . . . the council of a metropolitan district shall, before exercising any power specified in sub-paragraph (1)(b) above—

• (a) have regard to any guidance issued to it under this paragraph;

• (b) have regard to any direct effect which the proposed exercise would have on traffic or any class of traffic—

• (i) on a road for which the Secretary of State is the traffic authority; or

• (ii) on any other road in the area of another local authority;

• (c) if the proposed exercise would have such an effect, consult the Secretary of State in the case of a road for which he is the traffic authority, or the other local authority in the case of any other road; and

• (d) comply with procedures prescribed by regulations made by the Secretary of State.

• (4) Where the council of a . . . metropolitan district takes any action which, in the opinion of the Secretary of State—

• (a) is contrary to any guidance issued to the council under this paragraph; and

• (b) has or is likely to have an adverse effect on traffic or any class of traffic or parking places or any class of parking place in any part of . . . that county, other than the area of that council,

the Secretary of State may, after consulting the council, direct it to take such steps within a period specified by him as may be necessary to conform with that guidance.

• (5) If, in the opinion of the Secretary of State, a council fails to comply with a direction under sub-paragraph (4) above, he may exercise any of its powers for the purpose of giving effect to the direction; and any expenses reasonably incurred by him in doing so shall be recoverable by him from the council as a debt due to the Crown.

• (6) Where, in the opinion of the Secretary of State—

• (a) the council of a . . . metropolitan district fails to act in accordance with any guidance issued to it under this paragraph; and

• (b) that failure has or is likely to have such an adverse effect as is mentioned in sub-paragraph (4)(b) above,

the Secretary of State, after consulting the council, may exercise any of its powers for the purpose of conforming with that guidance; and any expenses reasonably incurred by him in doing so (including any expenses reasonably incurred in maintaining any traffic signs placed, or in continuing or maintaining any works commenced, by virtue of this sub-paragraph) shall be recoverable by him from the council summarily as a civil debt.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedures and objections

7

• (1) The power of the Secretary of State to make regulations under paragraph 21 or 23 of Schedule 9 to the 1984 Act (procedure as to certain orders) shall include power to make regulations for the purpose of sub-paragraph (3) of paragraph 6 above; and any such regulations for that purpose shall include provision by which a local authority required to be consulted under that sub-paragraph in connection with a proposed exercise of power may object to that exercise.

• (2) Where such a local authority objects in accordance with regulations under the said paragraph 21 or 23 to a proposed exercise of power by the council of a . . . metropolitan district, that council shall notify the Secretary of State of its proposal and of the objection, unless either of them is withdrawn, and shall give him such particulars of them as he may require.

• (3) Upon receipt of a notification under sub-paragraph (2) above, the Secretary of State shall determine whether the proposal in question should be abandoned or implemented, with or without modifications; and the council making the proposal shall comply with any such determination.

• (4) To assist him in making a determination the Secretary of State may consult such persons or bodies as he thinks fit and may hold an inquiry; and the provisions of section 129(1) to (3) of the 1984 Act shall apply in relation to an inquiry held under this paragraph as they apply to an inquiry held under that Act.

Application of Part VI of Schedule 9 to the 1984 Act

8

Part VI of Schedule 9 to the 1984 Act (validity of certain orders) shall apply to an order made by the Secretary of State by virtue of paragraph 6(5) or (6) above and falling within paragraph 34(1) of that Part as it applies to an order made by him by virtue of paragraph 3 of Part I of that Schedule.

Supplementary

9

In exercising any power under or by virtue of paragraph 6 or 7 above in relation to a council the Secretary of State shall have regard to the duty of that council under section 122 of the 1984 Act; and in the event of any conflict between that duty and any provision of those paragraphs, that provision shall prevail.

Reserve powers of the Secretary of State as to traffic control systems in Greater London and metropolitan counties

10

• (1) Where the Secretary of State is not satisfied in the case of . . . a metropolitan county that all the local authorities in that area have made joint arrangements for the exercise of such of their functions under Part V of the 1984 Act as are necessary to secure the control, management, development and extension of any system of traffic control which relates to two or more of those authorities, he may make an order under this paragraph.

• (2) An order under this paragraph may transfer to the Secretary of State such functions of the local authorities in question under that Part of that Act as he considers necessary to enable him to secure the control, management, development and extension of that system.

• (3) The Secretary of State may delegate, with or without restrictions, the exercise of any function transferred to him under this paragraph to the local authority from which it was transferred.

• (4) Before exercising any function transferred to him under this paragraph, the Secretary of State shall consult any local authority appearing to him to be likely to be affected unless it appears to him that the exercise of the function will only have a temporary effect on the system of traffic control in question; and any local authority from which a function has been so transferred shall consult the Secretary of State before exercising any function under the 1984 Act in any manner which may affect the exercise by the Secretary of State of any function so transferred.

• (5) Any expenses reasonably incurred by the Secretary of State in exercising the functions transferred by an order under this paragraph may be recovered by him from the local authorities from which the functions were transferred in such proportions as may be agreed between the local authorities or, in default of agreement, as may be determined by him.

• (6) A sum recoverable by the Secretary of State under sub-paragraph (5) above may be recovered by him as a debt due to the Crown.

• (7) The Secretary of State shall revoke an order made under this paragraph in relation to a system of traffic control in operation in . . . a metropolitan county if at any time he is satisfied that all the local authorities in that area have made joint arrangements for the exercise of such of their functions under Part V of the 1984 Act as are necessary to secure the control, management, development and extension of the system.

• (8) An order under this paragraph may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provisions for the transfer of property, staff, rights and liabilities and provision amending any enactment or any instrument made under any enactment.

Information

11

The council of a . . . metropolitan district shall furnish the Secretary of State with such information as he may request for the purpose of exercising his powers under paragraphs 6(4), (5) and (6) and 10 above; and if any such information is not furnished by the council within a time specified by the Secretary of State, he may take such steps as he considers necessary or expedient to obtain the information himself and may recover from the council as a debt due to the Crown any expenses reasonably incurred by him in doing so.

Transitional provisions concerning certain orders under the 1984 Act

12

• (1) After the passing of this Act a metropolitan county council . . . shall obtain the consent of the Secretary of State before making any order to which this paragraph applies if an objection to the council’s proposal to make the order has been duly made by a successor authority (whether before or after the passing of this Act) and has not been withdrawn; and for the purposes of this provision an objection is not duly made unless it is made in accordance with regulations made or having effect as if made under paragraph 21 or, as the case may be, 23 of Schedule 9 to the 1984 Act.

• (2) The orders to which this paragraph applies are—

• (a) in the case of a metropolitan county council those made under or by virtue of section 1, 9, 19, 32, 35, 37, 38, 45, 46, 49(2) or (4), 53, 83(2) or 84 of the 1984 Act; and

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

• (3) In this paragraph “successor authority” means—

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

• (b) in relation to a metropolitan county council, the council of a metropolitan district to which the order relates.

• (4) In relation to any order to which Part VI of Schedule 9 to the 1984 Act (validity of orders) applies the requirements of this paragraph shall be included amongst the requirements which are the relevant requirements for the purposes of that Part.

Interpretation

13

In this Part of this Schedule—

• (a) “the 1984 Act” means the Road Traffic Regulation Act 1984;

• (b) “parking place”, “traffic sign” and “road” have the meanings assigned to them respectively by sections 32(4)(b), 64(1) and 142(1) of the 1984 Act;

• (c) “local authority” means the council of a metropolitan district . . .; . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement

14

Any power conferred on the Secretary of State by this Schedule may be exercised at any time after the passing of this Act so as to take effect on or after the abolition date.

SCHEDULE 6

The London Government Act 1963

1

For paragraph 4 of Part II of Schedule 11 to the London Government Act 1963 there shall be substituted—

(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

The Local Government Act 1972

2

In Schedule 14 to the Local Government Act 1972—

• (a) in paragraph 5, in sub-paragraph (1) for the words “in a county” there shall be substituted the words “in a non-metropolitan county” and in sub-paragraph (2) for the words “a county council” there shall be substituted the words “the council of a non-metropolitan county”;

• (b) in paragraph 6(1) after the words “a local authority” there shall be inserted the words “in a non-metropolitan county”.

The Control of Pollution Act 1974

3

• (1) The Control of Pollution Act 1974 shall be amended as follows.

• (2) In sections 2(3)(a)(ii) and (4), 12(2), (6) and (8) and 13(4) for the words “English disposal authority” there shall be substituted the words “English county disposal authority”.

• (3) In section 5(4)(a) for the words “and any collection authority” there shall be substituted the words “, and in the case of an English county disposal authority any collection authority,”.

• (4) In section 11(3)(c) for the words “and collection authority” there shall be substituted the words “, and in the case of an English county disposal authority each collection authority,”.

• (5) In section 30(1) in the definition of “English collection authority” for the words “of which the area is in England” there shall be substituted the words “of which the area is in the area of an English county disposal authority” and for the definitions of “disposal authority”, “English disposal authority” and “relevant disposal authority” there shall be substituted—

“disposal authority” means the council of a county or metropolitan district in England, the council of a district in Wales, the council of a London borough and the Common Council of the City of London, ”English county disposal authority’ means the council of a county in England and ”relevant disposal authority’, in relation to an English collection authority, means the English county disposal authority whose area includes that of the collection authority;

The Refuse Disposal (Amenity) Act 1978

4

• (1) The Refuse Disposal (Amenity) Act 1978 shall be amended as follows.

• (2) In section 1(7) for the definition of “local authority” there shall be substituted—

“local authority” means, in relation to England, the council of a county, metropolitan district or London borough and the Common Council, and

• (3) In section 3(7) for the words “a district in England” there shall be substituted the words “a non-metropolitan district in England”.

• (4) For section 4(8) there shall be substituted—

(8) In this section ”local authority’ means, in relation to England, the council of a county, metropolitan district or London borough or the Common Council.

• (5) In section 5(4) for the definition of ”the appropriate authority’ there shall be substituted—

• “the appropriate authority” means—
• in the case of a vehicle removed in pursuance of section 3(1) above by a local authority in England other than the council of a non-metropolitan district, or by a local authority in Wales, the local authority; and
• in the case of a vehicle so removed by the council of a non-metropolitan district in England, the county council; and

• (6) In section 5(5)(b) for the words “a district in England” there shall be substituted the words “a non-metropolitan district in England”.

The Litter Act 1983

5

• (1) In subsection (1)(a) of section 4 of the Litter Act 1983 for the words “the council of each county” there shall be substituted the words “the council of each non-metropolitan county” and for subsection (2) of that section there shall be substituted—

(2) Subsection (1) above shall apply to a metropolitan county with the omission, as respects consultation, of references to the council of the county and as if the duty with respect to the statement mentioned in that subsection were a duty imposed jointly on the councils of the metropolitan districts comprised in the county; and that subsection shall apply to Greater London as if it were a county with the like omissions and as if that duty were imposed jointly on the councils of the London boroughs and the Common Council of the City of London.

• (2) In section 6(1) of that Act after the words “A county council” there shall be inserted the words “and a metropolitan district council”.

SCHEDULE 7

1

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

2

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

3

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

4

In section 28(12) for paragraphs (a) and (b) there shall be substituted—

• (a) in relation to a watercourse situated in a London borough, as a reference to the council of that borough;

• (b) in relation to a watercourse situated in the City or in the Inner Temple or the Middle Temple, as a reference to the Common Council." .

5

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

6

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

7

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

8

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

9

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

SCHEDULE 8

Public entertainments

1

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (3) In section 21 of the Greater London Council (General Powers) Act 1966—

• (a) in subsection (1) for the words “the Council” there shall be substituted the words “the borough council in whose borough the premises are situate”;

• (b) in subsection (3)(a) the words “the Council” shall be omitted;

• (c) for subsection (3)(b) there shall be substituted—

(4) In this section “borough council” includes the Common Council and “borough” shall be construed accordingly.

,

...

• (4) In section 5 of the Greater London Council (General Powers) Act 1978—

• (a) in subsection (1) for the words “Greater London” and “the Council” there shall be substituted respectively the words “a borough” and “the borough council”;

• (b) in subsection (4)(b) and (c) for the words “the Council”, wherever they occur, there shall be substituted the words “the borough council”;

• (c) after subsection (4) there shall be inserted—

(5) In this section “borough” includes the City of London and “borough council” includes the Common Council.

Private places of entertainment

2

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

Theatres

3

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

Cinemas

4

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

Children’s entertainments

5

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

Tracks for betting

6

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

Sports grounds

7

• (1) In the Safety of Sports Grounds Act 1975 the words “where the local authority is in Greater London or a metropolitan county, the fire authority or, in any other case,” shall be inserted in sections 3(3) and 4(7) and (8) after the words “police and”, and those words shall also be inserted in sections 5(5), 10(4) and 11 before the words “the building authority”.

• (2) In subsection (1) of section 17 of that Act for the definition of “building authority” there shall be substituted—

“building authority” means— (a) in England outside Greater London and the metropolitan counties, or in Wales, the district council; (b) in Scotland, the local authority within the meaning of the Building (Scotland) Act 1959

• (3) In that subsection for the definition of “local authority” there shall be substituted—

“local authority” means— (a) in Greater London, the London borough council or the Common Council of the City of London; (b) in England, in the metropolitan counties, the district council; (c) in England outside Greater London and the metropolitan counties, or in Wales, the county council; (d) in Scotland, the regional or islands council;

Town development and new towns

8

• (1) In sections 4(1) and 10(3) of the Town Development Act 1952, for the words “the Greater London Council” there shall be substituted the words “London borough”.

• (2) In section 7(b) of that Act for the words “Greater London Council” there shall be substituted the words “council of a London borough”.

9

• (1) In section 7(3) of the New Towns Act 1981—

• (a) after the words “district planning authority shall” there shall be inserted the words “, in relation to proposals for development of land in a metropolitan county, be construed as references to the local planning authority; and”;

• (b) after “1972” there shall be inserted the words “and which is of land in a non-metropolitan county”.

• (2) In section 45(a) of that Act, before the word “county” there shall be inserted the word “non-metropolitan”.

Commons

10

• (1) In the first Schedule to the Metropolitan Commons Act 1866 for the first entry in the second column there shall be substituted “The council of the London borough within which the whole or part is situate or, where there are two or more boroughs within which parts are situate and the councils of those boroughs agree that one of them shall be the local authority in relation to the whole, that council.”.

• (2) In section 2 of the Metropolitan Commons Act 1878 for the words from the beginning to “1855” there shall be substituted the words “A London borough shall, in respect of any common the whole or part of which is situate within the borough,”.

• (3) In the Schedule to the Commonable Rights Compensation Act 1882 for the first entry in the second column there shall be substituted “The council of the London borough within which the land is situate”.

• (4) In section 1(3) of the Commons Act 1908, after the word “county”, there shall be inserted the words “or metropolitan district”.

• (5) In sections 193(1)(d)(ii) and 194(3)(b) of the Law of Property Act 1925, after the word “county”, there shall be inserted the words “or metropolitan district”.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Gipsy encampments

11

• (1) In section 6 of the Caravan Sites Act 1968—

• (a) in subsection (1) for the words “the council of a county or London borough” there shall be substituted the words “the council of a county, metropolitan district or London borough”;

• (b) in subsection (2) for the words “metropolitan county” and “in each district in the county” there shall be substituted respectively the words “metropolitan district” and “the district”.

• (2) In section 12 of that Act—

• (a) in subsection (1) for the words “a county council or London borough council” there shall be substituted the words “the council of a county, metropolitan district or London borough”;

• (b) after subsection (2) there shall be inserted—

(2A) Subject to subsection (3) below, the Minister may by order made on the joint application of two or more metropolitan district councils designate the area of those councils as an area to which section 10 of this Act applies.

• (c) in subsection (3) for the words “subsection (1) or (2)” there shall be substituted the words “subsection (1), (2) or (2A)”; and

• (d) in subsection (6) for the words “the London borough council” there shall be substituted the words “the metropolitan district council or councils or the London borough council”.

• (3) In relation to an order made under the said section 12 before the abolition date on the application of a metropolitan county council the references in subsections (4) and (6) of that section to the authority or authorities which made the original application and the council for the area in respect of which an order is made shall be construed as references to the metropolitan district council or councils whose area or areas constitute or include the area designated by the order.

• (4) Where by virtue of the Local Government Act 1972 a designation order made before 1st April 1974 under the said section 12 (and not revoked) relates to part only of the area of a metropolitan district, any order which is made on the application of the council of that district under subsection (1) or (2A) of that section shall be made to extend only to an area which does not include the area designated before that date.

Housing

12

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) For section 23(4) of the London Government Act 1963 there shall be substituted—

(4) The Minister may at any time after 1st April 1965 require any London borough to submit to him a programme for any transfers of housing accommodation vested in that borough such as are mentioned in subsection (3)(b) of this section which they propose to make and have not yet made.

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

Rent officers

13

• (1) In subsection (1) of section 62 of the Rent Act 1977 for the words after “Act” there shall be substituted the words

are— (a) counties; (b) London boroughs; and (c) the City of London.

• (2) In subsection (2)(a) of that section the words “the area of the Common Council of” shall be omitted.

• (3) At the end of section 63 of that Act there shall be inserted—

(9) In the case of a registration area which is a metropolitan county this section shall apply as if— (a) the first reference to the local authority in subsection (1) were a reference to the council of each district in the county; and (b) the second reference to the local authority in that subsection, the references to the local authority in subsection (2) and the reference to the local authority for whose area the scheme is made in subsection (3) were references to such one of the councils of the districts in that county as has been designated by the scheme.

• (4) A scheme under the said section 63 as amended by sub-paragraph (3) above may be made at any time before the abolition date so as to come into operation on that date.

Building control

14

• (1) Subject to any building regulations made under section 1 of the Building Act 1984 (whether before or after the passing of this Act) with respect to any of them, the functions—

• (a) of the Greater London Council under the London Building Acts 1930 to 1982 (including functions conferred on the Council by section 43 of the London Government Act 1963); and

• (b) of district surveyors under those Acts,

shall, so far as they relate to Greater London other than the outer London boroughs, become functions of the councils of the inner London boroughs and the Common Council in respect of their respective areas.

• (2) The functions conferred on the Greater London Council by section 43 of the said Act of 1963 shall, so far as they relate to the outer London boroughs, become functions of the councils of those boroughs in respect of their respective areas.

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

• (4) In the Building Act 1984—

• (a) in section 126 for the definition of “local authority” there shall be substituted—

“local authority” means the council of a district or London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple or, for the purposes of Parts I and II above and of this Part so far as it relates to them, the Council of the Isles of Scilly;

; and

• (b) in Schedule 3—

• (i) in paragraph 4 for the words “the Greater London Council and any other local authority” there shall be substituted the words “any local authority”;

• (ii) in paragraph 10(1) for the words from the beginning to “inner London boroughs” there shall be substituted the words “The council of an inner London borough may make byelaws in relation to the demolition of buildings in the borough”; and

• (iii) for paragraph 11 there shall be substituted—

(11) The council of an inner London borough shall make byelaws with respect to sanitary conveniences, ashpits, cesspools and receptacles for dung and their accessories in connection with buildings (whenever erected) in the borough.

Trading standards and related functions

15

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (3) In section 67(1) of the Agriculture Act 1970 after the words “the council of a county” there shall be inserted the words “, metropolitan district”.

• (4) The councils of the districts in a metropolitan county shall, not later than 1st September 1985, establish a joint committee of members of those councils whose duty it shall be from the abolition date to co-ordinate—

• (a) the exercise by those councils of the enforcement functions conferred on them by virtue of this paragraph and section 69(1)(a) of the Weights and Measures Act 1985 with a view to securing uniformity in the exercise of those functions throughout the county; and

• (b) the employment, provision or use by those councils for the purposes of those functions of staff, property and facilities.

• (5) Each joint committee established by virtue of sub-paragraph (4) above shall before the abolition date co-ordinate the making by the councils represented on the committee of preparations for the transfer of the functions which by virtue of sub-paragraphs (2) and (3) above and the said section 69(1)(a) will be exercisable by those councils from that date.

• (6) If after the abolition date it appears to the Secretary of State to be necessary or expedient to do so he may, after consultation with the councils of the districts in a metropolitan county, by order establish a single authority for the county to discharge from a date specified in the order the functions conferred on the councils by virtue of this paragraph and the said section 69(1)(a)or section 5(1) of the Food Safety Act 1990.

• (7) An order under this paragraph may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provisions for the transfer of property, staff, rights and liabilities and provisions amending any enactment or any instrument made under any enactment.

Poisons

16

In section 11(2) of the Poisons Act 1972, in the definition of “local authority”, after the word “county” there shall be inserted the words “metropolitan district”.

Animals

17

In section 5 of the Performing Animals (Regulation) Act 1925—

• (a) in subsection (1), in the definition of “local authority”—

• (i) for the words “county borough” there shall be substituted the words “London borough”; and

• (ii) for the words “other area, the council of the county” there shall be substituted the words “county or metropolitan district, the council of the county or district”; and

• (b) in subsection (3) for the words after “defrayed” there shall be substituted the words “, in the case of the council of a county, out of the county fund, and in the case of the council of a metropolitan district or London borough, out of the general rate fund.”

18

In section 50(2) of the Animal Health Act 1981 for paragraph (b) there shall be substituted—

(b) as respects a non-metropolitan county, the county council, (c) as respects a metropolitan district, the district council,

Fisheries

19

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

20

In paragraph 5(b) of Schedule 3 to the Salmon and Freshwater Fisheries Act 1975 for the words “county council” there shall be substituted the words “county or metropolitan district council”.

Weeds

21

In section 5 of the Weeds Act 1959 after the word “county”, in both places where it occurs, there shall be inserted the words “or metropolitan district”.

Archives and records

22

• (1) For section 2(6) of the Local Government (Records) Act 1962 there shall be substituted—