The London Authorities (Parks and Open Spaces) (Miscellaneous Property) Order 1971

Made: 11th February 1971

Laid before Parliament: 19th February 1971

Coming into Operation: 1st April 1971

The Secretary of State for the Environment, 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

This order may be cited as the London Authorities (Parks and Open Spaces) (Miscellaneous Property) Order 1971, and shall come into operation on 1st April 1971.

2

• (1) The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.

• (2) In this order—

• “Parks order” means the London Authorities (Parks and Open Spaces) Order 1971[^f00001] ;

• “transferred park” means a park or open space transferred by article 4 of the Parks order; and

• “transferee authority” has the same meaning as in the Parks order.

Transfer of certain property

3

• (1) Any property described in column (1) of the schedule to this order and all liabilities attaching to the Greater London Council in respect of any such property shall by virtue of this order be transferred to and vest in or attach to the authority described in relation to such property in column (2), 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 having effect as if they had been given) by, or to, the Greater London Council is respect of such property and liabilities shall be of full force and effect in favour of, or against, the authority described as aforesaid; and

• (b) any action or proceeding or any cause of action or proceeding, pending or existing at 1st April 1971, by, or against, the Greater London Council in respect of such property and liabilities shall not be prejudicially affected by reason of this order, and may be continued, prosecuted and enforced by, or against, the authority described as aforesaid.

• (2) Articles 5 to 12 of the Parks order shall apply as if paragraph (1) were contained in the said order.

Compulsory purchase orders

4

Any order authorising the compulsory acquisition of land by the Greater London Council for the purpose of providing or extending a park or open space (whether confirmed before the coming into operation of this order or submitted for confirmation before or after such coming into operation) may be amended by the Secretary of State by the substitution, as the authority to be authorised to acquire the land comprised therein, of one or more of the following councils, namely the London borough councils, the Common Council of the City of London and, in relation to any land outside Greater London, the councils of counties and county districts in whose area any of the land is situated, and thereafter the order shall have effect, or be considered and if confirmed have effect, accordingly.

SCHEDULE — PROPERTY TRANSFERRED BY ARTICLE 3

Signed

Peter Walker — Secretary of State for the Environment — 11th February 1971

Explanatory note

EXPLANATORY NOTE

The London Authorities (Parks and Open Spaces) Order 1971 redistributes the ownership and management of certain parks and open spaces vested in the Greater London Council between local authorities in and near Greater London. This Order makes consequential provision as to the transfer of certain additional property.

Footnotes

[^f00001]: (1971 I, p. 673).