LegalizeThe London Government Order 1966
Made: 14th October 1966
Laid before Parliament: 21st October 1966
Coming into Operation: 22nd October 1966
The Minister of Housing and Local Government, in exercise of his powers under section 84 of the London Government Act 1963 and of all other powers enabling him in that behalf, hereby makes the following order—
Title, commencement and interpretation
1
- (1) This order may be cited as the London Government Order 1966, and shall come into operation on 22nd October 1966.
- (2) Article 2 of the London Government Order 1965[^f00001] shall apply to articles 2 to 8 as if they were contained in the said order.
Miscellaneous provision as to public general and other Acts
2
- (1) In the National Gallery (Purchase of Adjacent Land) Act 1901, in section 5, for “London County Council” there shall be substituted “Greater London Council”.
- (2) In the Land Registration Act 1925, in section 100(5), there shall be added “and the Greater London Council”.
- (3) In the Supreme Court of Judicature (Consolidation) Act 1925 in section 107, for “the County of London” there shall be substituted “Greater London other than the outer London boroughs”.
- (4) In the Road Traffic Act 1930 in section 121(1), in the definition of “Highway authority” for “or the council of a metropolitan borough” there shall be substituted “the council of a London borough, or the Greater London Council”.
- (5) In the Rent and Mortgage Interest Restrictions (Amendment) Act 1933 in section 16(4), for the words following “and for the purposes of the application of this Act to” there shall be substituted “the London boroughs, as references to such boroughs and the councils thereof”.
- (6) In the National Trust Act 1937 —
- (a) the Greater London Council shall be included in the councils to which section 7 applies; and
- (b) in subsection (2) of the said section, for “London County Council” there shall be substituted “Greater London Council”.
- (7) Where the Greater London Council, in exercise of their powers under section 5(1) of the Act, have delegated to a London borough council or to the Common Council any functions under the relevant provisions of the London Building Acts, the reference in section 122(2) of the London Building Acts (Amendment) Act 1939 to the superintending architect shall be construed—
- in the case of a London borough council as a reference to the borough surveyor or such other officer of the borough council as the borough council may designate for the purposes of the said subsection;
- in the case of the Common Council as a reference to such officer thereof as the Common Council may designate for the purposes of the said subsection.
In this paragraph, “the relevant provisions of the London Building Acts” has the same meaning as in section 43 of the Act.
- (8) In the Public Offices (Site) Act 1947 in section 7—
- (a) in subsection (1), for “in the county of London” there shall be substituted “in the inner London commission area”; and
- (b) in subsections (3) and (4), for references to the clerk of the London County Council there shall be substituted references to the clerk to the Greater London Council.
- (9) In the Local Government Act 1948 in section 59(2), after ““local authority” includes” there shall be inserted “the Greater London Council and”.
- (10) In the Supplies and Services (Defence Purposes) Act 1951, in section 2(9), after “urban district” there shall be inserted “and, in relation to a metropolitan road, the Greater London Council”.
- (11) The expression “market authority” in Part III of the Food and Drugs Act 1955 shall include any London borough council to whom a market was transferred by the London Authorities (Property etc.) Order 1964[^f00002].
- (12) In the Agriculture (Safety, Health and Welfare Provisions) Act 1956 in section 24(1), for the definition of “sanitary authority” there shall be substituted—
- “sanitary authority” means the council of a borough or urban or rural district, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple;
- (13) In the Park Lane Improvement Act 1958—
- (a) in section 1, for “London County Council” there shall be substituted “Greater London Council”;
- (b) in section 15—
- (i) in subsection (2), for the words from “repairable by” to “the public” there shall be substituted “maintainable at the public expense”;
- (ii) in subsection (4), for the words from “section 86” to “at large” where those words first occur and for “repairable by the inhabitants at large” where those words next occur there shall be substituted “section 77 of the Public Health Act 1936 as modified by paragraph 14 of Part I of Schedule 11 to the London Government Act 1963 shall apply in relation thereto as it applies in relation to streets” and “maintainable at the public expense” respectively;
- (c) in section 18(3), for “section 147 of the London Government Act 1939” there shall be substituted “section 250 of the Local Government Act 1933”;
- (d) in section 19, for references to the highway authority for the Underpass there shall be substituted references to the Greater London Council;
- (e) in section 23, for references to the British Transport Commission there shall be substituted references to the appropriate Board to or in whom the property, rights, liabilities and functions of the British Transport Commission are transferred or vested by or under the Transport Act 1962 and
- (f) in section 25(1)—
- (i) for the definition of “the Council” there shall be substituted—
- “the Council” means the Greater London Council”;
- (ii) in the definition of “traffic sign”, for “section 35 of the Road Traffic Act 1956” there shall be substituted “section 51 of the Road Traffic Act 1960”; and
- (iii) for the definition of “Westminster City Council” there shall be substituted—
- “Westminster City Council” means the lord mayor, aldermen and citizens of the city of Westminster acting by the council under section 17(2) of the Local Government Act 1933”;
- (14) In the Radioactive Substances Act 1960 in section 19(1), in the definition of “local authority” there shall be added “or the Greater London Council”.
- (15) The enactments specified in Schedule 1 are hereby repealed to the extent mentioned in column (3) thereof.
Miscellaneous provision as to instruments
3
- (1) In the application to Greater London of any order made by the Minister in exercise of his powers under section 2(6) and (7), 6(5) or 7(4) of the Radioactive Substances Act 1960 in force at the coming into operation of this order, “refuse disposal authority” shall mean an authority acting in pursuance of statutory powers or duties relating to the removal or disposal of refuse.
- (2) In the Local Government (Allowances for Attendance at Road Safety Conferences) Regulations 1957[^f00003], in regulation 3, for “the Second Schedule to that Act” (such Act being the Road Traffic Act 1956) there shall be substituted “Schedule 9 to that Act” (such Act being the Road Traffic Act 1960).
Amendment, etc., of instruments notwithstanding repeal of enactments
4
Any instrument made under any enactment, not being—
- (a) an instrument made by a Minister; or
- (b) byelaws in relation to which article 33 of the London Authorities (Property etc.) Order 1964 makes provision,
Parks and open spaces
5
- (1) The provisions specified in section 58(1) of the Act (being provisions relating to the powers of local authorities with respect to parks and open spaces) shall have effect in relation to any land transferred to the Greater London Council by article 8 of the London Authorities (Property etc.) Order 1964 (being land which immediately before 1st April 1965 was vested in the London County Council or the county council of Middlesex for the purposes of parks and open spaces but was not used for such purposes) as if such land were a park or open space for the time being vested in the Greater London Council.
- (2) The land to which this paragraph applies shall be included in the scheme required by section 58(2) of the Act to be submitted by the Greater London Council.
This paragraph applies to the following land acquired or appropriated by the Council between 1st April 1965 and the submission of the scheme—
- (a) land acquired or appropriated for the extension of parks and open spaces which fall to be included in such scheme;
- (b) land acquired or appropriated for the provision, with land transferred to the Council by article 8 aforesaid, of parks or open spaces; and
- (c) land appropriated for the provision of further parks or open spaces under section 58(1)(b)(i) of the Act, being land which the Minister specifies, in consenting to such appropriation, or in respect of appropriations already consented to within three months of the coming into operation of this order, that the land is to be included in the scheme.
Lands in the urban districts of Potters Bar, Staines and Sunbury-on-Thames held for the construction of highways
6
- (1) In this article—
- “the specified lands” means the lands in the urban districts of Potters Bar, Staines and Sunbury-on-Thames transferred to the Greater London Council by article 9 of the London Authorities (Property etc.) Order 1964 as amended by article 44 of the London Government Order 1965 as lands held by the county council of Middlesex for the construction of highways for which the Greater London Council would not be the highway authority on 1st April 1965; and
- “the specified council” means— in the case of such lands in the urban district of Potters Bar, the county council of Hertfordshire; in the case of such lands in the urban districts of Staines and Sunbury-on-Thames, the county council of Surrey.
- (2) Any of the specified lands held for the construction of a highway for which the specified council or the Minister of Transport will be the highway authority and all liabilities attaching to the Greater London Council in respect of any such lands shall by virtue of this order be transferred to and vest in or attach to the specified council, and—
- (a) all contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given (or have effect as if they had been given) by, or to, the Greater London Council in respect of such lands and liabilities shall be of full force and effect in favour of, or against, the specified council; and
- (b) any action or proceeding or any cause of action or proceeding, pending or existing at the coming into operation of this order, by, or against, the Greater London Council in respect of such lands and liabilities shall not be prejudicially affected by reason of this paragraph, and may be continued, prosecuted and enforced by, or against, the specified council.
- (3) Articles 28 to 37 of the London Authorities (Property etc.) Order 1964 shall apply as if paragraph (2) were contained in the said order.
Transfer of certain properties
7
- (1) Any property described in column (2) of Schedule 2 of an authority named in column (1) and all liabilities attaching to the said authority in respect of any such property shall by virtue of this order be transferred to and vest in or attach to the authority specified in respect of such property in column (3), and—
- (a) all contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given (or have effect as if they had been given) by, or to, the authority named in the said column (1) in respect of such property and liabilities shall be of full force and effect in favour of, or against, the authority specified in column (3); and
- (b) any action or proceeding or any cause of action or proceeding, pending or existing at the coming into operation of this order, by, or against, the authority named in the said column (1) in respect of such property and liabilities shall not be prejudicially affected by reason of this article, and may be continued, prosecuted and enforced by, or against, the authority specified in column (3).
- (2) Articles 28 to 37 of the London Authorities (Property etc.) Order 1964 shall apply as if paragraph (1) were contained in the said order.
Interim action by and in relation to local valuation panels
8
For the purposes of the appointment of any officer or the taking of any other action, and the incurring of any expenditure in relation thereto, by a local valuation panel established by a scheme to which this article applies to ensure the effective operation of the panel and of local valuation courts as from 1st April 1967—
- (a) where the scheme provides for the appointment of any chairman, vice-chairman or member of a panel the appointment may be made in accordance with the scheme at any time after the approval of the scheme and the person appointed shall be deemed to have come into office at his appointment;
- (b) the scheme shall be deemed to have been in operation at all material times.
SCHEDULE 1 — REPEALS
| (1) | (2) | (3) |
|---|---|---|
| Chapter | Short Title | Extent of Repeal |
| 3 & 4 Geo. 5. c. 17 | The Fabrics (Misdescription) Act 1913 | In section 5(2), the proviso In section 5(3), the first and last items |
| 6 & 7 Geo. 5. c. 43 | The War Charities Act 1916 | Section 2(8) |
| 9 & 10 Geo. 5. c. 99 | The Housing (Additional Powers) Act 1919 | Section 8 |
| 11 & 12 Geo. 5. c. 67 | The Local Authorities (Financial Provisions) Act 1921 | Sections 3 and 4 so far as they relate to Greater London |
| 15 & 16 Geo. 5. c. 38 | The Performing Animals (Regulation) Act 1925 | In section 5(3), the words “in the case of the common council of the City of London, out of the general rate;” |
| 23 & 24 Geo. 5. c. 25 | The Pharmacy and Poisons Act 1933 | In section 27, the words from “in the case of the Common Council” to “general rate,” |
| 26 Geo. 5 & 1 Edw. 8. c. 47 | The Crown Lands Act 1936 | In Schedule 1, Part II |
| 1 & 2 Geo. 6. c. 69 | The Young Persons (Employment) Act 1938 | Section 6(2) |
| 9 & 10 Geo. 6. c. 34 | The Furnished Houses (Rent Control) Act 1946 | In section 6(1), the words “elsewhere than in the administrative county of London” and paragraph (b) |
| Section 6(4) | ||
| 9 & 10 Geo. 6. c. 35 | The Building Restrictions (War-Time Contraventions) Act 1946 | In section 7(1), in the definition of “building law”, paragraph (b) |
| 9 & 10 Geo. 6. c. 49 | The Acquisition of Land (Authorisation Procedure) Act 1946 | In Schedule 4 the entries relating to the Public Health (London) Act 1936 and the London Government Act 1939 |
| 11 & 12 Geo. 6. c. 67 | The Gas Act 1948 | In Schedule 3, paragraph 43 |
| 2 & 3 Eliz. 2. c. 59 | The Slaughter of Animals (Amendment) Act 1954 | In Schedule 2, in Part I, the entry relating to the Public Health (London) Act 1936 |
| 3 & 4 Eliz. 2. c. 24 | The Requisitioned Houses and Housing (Amendment) Act 1955 | In section 18(1), in the definition of “local authority”, the words “(including the London County Council)” |
| 6 & 7 Eliz. 2. c. 45 | The Prevention of Fraud (Investments) Act 1958 | In section 26(1), in the definition of “municipal corporation” the words “, the council of a metropolitan borough” |
| 6 & 7 Eliz. 2. c. 63 | The Park Lane Improvement Act 1958 | Section 10 Section 13 |
| Section 15(3) and (5) | ||
| Section 18(4) | ||
| In section 21(1), the proviso | ||
| 8 & 9 Eliz. 2. c. 34 | The Radioactive Substances Act 1960 | In section 10(5), the words from “and (in” onwards |
| 9 & 10 Eliz. 2. c. 43 | The Public Authorities (Allowances) Act 1961 | In section 1(1), the words “(including a metropolitan borough)” |
| 10 & 11 Eliz. 2. c. 46 | The Transport Act 1962 | In Schedule 2, in Part I, the entry relating to the Public Health (London) Act 1936 |
SCHEDULE 2 — TRANSFER OF PROPERTIES
| (1) | (2) | (3) |
|---|---|---|
| The corporation of the London borough of Ealing or Hounslow | Gunnersbury Park | The corporations of the London boroughs of Ealing and Hounslow |
| The corporation of the London borough of Camden | Old people's home, Carlton Vale, Paddington | The corporation of the city of Westminster |
| The corporation of the London borough of Hackney | Site for old people's home, Riversdale Road, Islington | The corporation of the London borough of Islington |
| The corporation of the London borough of Tower Hamlets | Plumstead Lodge, 82, Plumstead Common Road, S.E.18 | The corporation of the London borough of Greenwich |
| The corporation of the London borough of Tower Hamlets | Sunbury Lodge, 1, Sunbury Street, S.E.18 | The corporation of the London borough of Greenwich |
| The corporation of the London borough of Tower Hamlets | Weybourne, 1, Finchale Road, S.E.2 | The corporation of the London borough of Greenwich |
| The corporation of the London borough of Tower Hamlets | Perrygrove, Rectory Field Crescent, S.E.7 | The corporation of the London borough of Greenwich |
| The Greater London Council | The Old Fire Station, Turner's Hill, Cheshunt | The county council of Hertfordshire |
| The Greater London Council | Incendiary Bomb Hut, Highways Depot, Turner's Hill, Cheshunt | The county council of Hertfordshire |
| The county council of Essex | Radio and telephone transmitter, Lambourne End, Chigwell | The Greater London Council |
| The county council of Surrey | The former premises of Surbiton County School for Boys No. 4112 together with the caretaker's house | The corporation of the Royal borough of Kingston upon Thames |
Signed
Given under the official seal of the Minister of Housing and Local Government on 14th October 1966.
Anthony Greenwood — Minister of Housing and Local Government
Explanatory note
EXPLANATORY NOTE
This order makes further incidental, consequential, transitional and supplementary provision in relation to Greater London, relating to—
1.
the amendment of certain Acts and instruments;
2.
parks and open spaces;
3.
the transfer of certain lands and properties;
4.
the appointment of officers and the taking of other action by local valuation panels established as from 1st April 1967 to ensure their effective operation as from that date.
Footnotes
[^f00001]: (1965 I, p. 2038).
[^f00002]: (1964 III, p. 3392).
[^f00003]: (1957 I, p. 1328).
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