The Local Law (Greater London Council and Inner London Boroughs) Order 1965

• Citation: S.I. 1965/540
• Sections: 117

Section 1

This order may be cited as the Local Law (Greater London Council and Inner London Boroughs) Order 1965 and shall come into operation on 1st April 1965.

Section 2

(1) The Interpretation Act 1889 applies to the interpretation of this order as it applies to the interpretation of an Act of Parliament.

(2) In this order, except where the context otherwise requires, the following expressions shall have the following meanings respectively, that is to say—

“ functions ” includes powers and duties ;

“ inner London borough ” means the London borough of Camden, Greenwich, Hackney, Hammersmith, Islington, Kensington and Chelsea, Lambeth, Lewisham, Southwark, Tower Hamlets, Wandsworth or Westminister ;

“ outer London borough ” means a London borough which is not an inner London borough ; and

“ schedule ” means a schedule to this order .

(3) In any enactment specified in a schedule, unless the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment or by this order.

(4) Any reference in Schedule 1 or 2 to an enactment is a reference to that enactment as it would have effect on and after 1st April 1965 apart from those schedules.

Section 3

The enactments specified in Schedule 1 shall have effect subject to the provisions of that schedule.

Section 4

(1) Save as otherwise expressly provided in Schedule 1 or unless the context otherwise requires, in the enactments specified in Schedule 2 there shall be substituted for any reference to an area, authority or body described in the first column of the following Table a reference to the area, authority or body described in respect thereof in the second column.

The London County Council

The Metropolitan Board of Works

(2) Save as otherwise expressly provided in Schedule 1 or unless the context otherwise requires, any functions exercisable in an area mentioned in the first column of the Table set out in paragraph (1) of this article shall be exercisable throughout the area specified in respect thereof in the second column.

Section 5

The enactments specified in Schedule 3 are hereby repealed to the extent mentioned in the third column of that schedule.

Section 6

(1) The schemes made by the London County Council and by the council of a metropolitan borough under the enactments to which this article relates are hereby revoked:

Provided that this article shall not apply to article 65(4) to (6) of the scheme made by the London County Council under the London County Council (General Powers) Act 1957 on 16th June 1958.

(2) The enactments to which this article relates are—

(a) the London Council (General Powers) Act 1891, Part IV;

(b) the Local Government and other Officers' Superannuation Act 1922, sections 24 and 29(2);

(c) the Local Government Act 1929, section 124(2)(b);

(d) the Local Government Superannuation Act 1937, sections 25(1), 26(1) and (4), and 36(5);

(e) the Local Government Superannuation Act 1953, sections 3(2), 5(9) and 22(1) and (2); and

(f) the London County Council (General Powers) Act 1957, Part V.

Section 7

(1) The instruments specified in Schedule 4 are hereby revoked.

(2) In the Borough of Woolwich (Plumstead) Scheme 1901 , article 3 is hereby revoked.

Section 8

(1) In the enactments to which this article applies any reference to the Metropolitan Board of Works or to the London County Council shall be construed as a reference to the Greater London Council.

(2) This article applies to the following enactments—

(a) the Metropolitan Commons Acts 1866 to 1898;

(b) the Metropolitan Commons Supplemental Act 1871;

(c) the Metropolitan Commons Second Supplemental Act 1871;

(d) the Metropolitan Commons Supplemental Act 1872;

(e) the Metropolitan Commons Supplemental Act 1873;

(f) the Metropolitan Commons Supplemental Act 1877;

(g) the Metropolitan Commons Supplemental Act 1881;

(h) the Metropolitan Board of Works (Hackney Commons) Act 1881; and

(i) the Metropolitan Commons Supplemental Act 1884.

Section 9

Any byelaws made before 1st April 1965 under an enactment specified in Schedule 1 or 2 and in force in an area comprised in an inner London borough shall continue to have effect in such area as if made by the authority substituted in references by that schedule and by article 4 of this order and references in such byelaws to any authority shall in such application be construed as references to the authority so substituted.

Section 1

In the Act 43 Geo. 3 chapter cxxxi, for references to the Deptford Creek Bridge Company there shall be substituted references to the Greater London Council.

Section 2

In the Act 9 & 10 Vict. chapter 39—

(a) for references to the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works and Buildings there shall be substituted references to the Greater London Council; and

(b) for section 90 there shall be substituted the following section—

(90) Any damages or charges directed or authorised by this Act to be paid may be recovered summarily as a civil debt.

Section 3

In the Westminster Bridge Act 1853, for references to the Commissioners of Her Majesty's Works and Public Buildings there shall be substituted references to the Greater London Council.

Section 4

In the Metropolis Management Act 1855, in section 240, for references to a vestry or district board and to the Metropolitan Board of Works there shall be substituted references to the council of an inner London borough and to the Greater London Council respectively.

Section 5

In the Finsbury Park Act 1857, in section 33, for the words from “and for this purpose” to the end there shall be substituted the words “and the provisions of the Arbitration Act 1950 shall apply to any such arbitration.” .

Section 6

In the Victoria Park Approach Act 1858, for references to the Metropolitan Board of Works or to any district board or vestry there shall be substituted references to the highway authority.

Section 7

In the Thames Embankment Act 1862, in section 74, for the reference to the Commissioners of Her Majesty's Woods, Forests and Land Revenues or one of them or to the First Commissioner of Her Majesty's Works and Public Buildings there shall be substituted a reference to the Crown Estate Commissioners or to the Minister of Public Building and Works, as the case may be.

Section 8

In the Albert Bridge Act 1864, for references to the Albert Bridge Company there shall be substituted references to the Greater London Council.

Section 9

In the Wandsworth Bridge Act 1864, for references to the Wandsworth Bridge Company there shall be substituted references to the Greater London Council.

Section 10

In the Thames Embankment (Chelsea) Act 1868, in section 37, for the reference to the Commissioners of Her Majesty's Woods, Forests and Land Revenues or one of them there shall be substituted a reference to the Crown Estate Commissioners.

Section 11

In the Hampstead Heath Act 1871, in section 41, after the words “this Act” there shall be inserted the words “or in the Open Spaces Act 1906” .

Section 12

In the Wandsworth Common Act 1871, in section 44, for references to the Conservators there shall be substituted references to the Greater London Council.

Section 13

In the Metropolitan Street Improvements Act 1872—

(a) for references to the Board of Trade there shall be substituted references to the Minister of Transport; and

(b) for references to the Metropolitan Board of Works there shall be substituted references to the highway authority.

Section 14

In the Thames Embankment Land Act 1873, in section 2, for the reference to the Commissioners for the time being of Her Majesty's Woods, Forests and Land Revenues or one of them there shall be substituted a reference to the Crown Estate Commissioners.

Section 15

In the Metropolitan Board of Works (Various Powers) Act 1875, in section 33, for references to the Commissioners of Her Majesty's Woods, Forests and Land Revenues there shall be substituted references to the Crown Estate Commissioners.

Section 16

In the Monuments (Metropolis) Act 1878, in section 4, for the words from “in the manner provided” onwards there shall be substituted the words “summarily as a civil debt.” .

Section 17

In the Plumstead Common Act 1878—

(a) for references to Her Majesty's Principal Secretary of State for the War Department there shall be substituted references to the Secretary of State for Defence;

(b) in the application of the Act to the Greater London Council, references to Shoulder of Mutton Green shall be omitted; and

(c) in section 4, for the word “Chairman” where it secondly occurs there shall be substituted the words “Greater London Council” ;.

Section 18

In the Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879—

(a) in section 2, for the definition of the expression “street” there shall be substituted—

The expression “ street ” means a street for the purposes of the Highways Act 1959

(b) in section 3, for the words “the metropolis as defined by the principal Act” there shall be substituted the words “without prejudice to the provisions of paragraph 8 of Schedule 14 to the London Government Act 1963 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” ;

(c) in section 6—

(i) after the words “Subject to the provisions” there shall be inserted the words “of Schedule 14 to the London Government Act 1963 and to the provisions” ; and

(ii) for the words “In respect of all other” there shall be substituted the words “In respect of any” ;

(d) in section 15, after the words “in every such case the board may” there shall be inserted the words “in exercise of their powers under section 157 of the Local Government Act 1933” ;

(e) in section 16, for references to the Conservators of the River Thames there shall be substituted references to the Port of London Authority;

(f) in section 17—

(i) for the words “following dock companies and their respective undertakings, that is to say” there shall be substituted the words “Port of London Authority in respect of the following undertakings which were transferred to or vested in the said Authority by the Port of London Act 1908, that is to say the undertakings of” ;

(ii) in paragraph (a), for the words “dock company” there shall be substituted the word “undertaking” ;

(iii) for any following reference to “company” there shall be substituted a reference to the Port of London Authority; and

(iv) in paragraph (b), for the reference to the Board of Trade there shall be substituted a reference to the Minister of Transport;

(g) in section 19, for references to the Lee Conservancy Board there shall be substituted references to the British Waterways Board;

(h) in section 20, for the first reference to the Lee Conservancy Board there shall be substituted a reference to the British Waterways Board;

(i) in section 31, after the words “Where the Board” there shall be inserted the words “in exercise of their powers under this Act” ;

(j) in section 32, for the words from “in the same manner and with the like remedies” to “such premises:” there shall be substituted the words “summarily as a civil debt:” ;

(k) in section 36, for the words from “in manner prescribed” onwards there shall be substituted the words “summarily as a civil debt.” ;

(l) in section 39, for the first reference to the Conservators of the River Thames there shall be substituted a reference to the Port of London Authority;

(m) in section 41, for references to the Commissioners of Her Majesty's Woods, Forests and Land Revenues there shall be substituted references to the Crown Estate Commissioners; and

(n) in section 42, for references to the Commissioners of Her Majesty's Works and Public Buildings there shall be substituted references to the Minister of Public Building and Works.

Section 19

In the Metropolitan Board of Works (Various Powers) Act 1882—

(a) in section 41, for the words from “And all the provisions of” onwards there shall be substituted the words “And sections 250 to 252 of the Local Government Act 1933 shall apply in relation to byelaws made under this section.” ;

(b) in section 46, after the words “such default or breach continues” there shall be inserted the words “and every such penalty shall be recoverable in a summary manner” ;

(c) in section 49, for references to the Commissioners of Her Majesty's Works and Public Buildings there shall be substituted references to the Minister of Public Building and Works; and

(d) in section 50, for references to the Commissioners of Her Majesty's Woods, Forests and Land Revenues there shall be substituted references to the Crown Estate Commissioners.

Section 20

In the Metropolitan Street Improvements Act 1883—

(a) subject to the provisions of sub-paragraph ( f ) of this paragraph, for references to the vestry of the parish of Paddington there shall be substituted references to the council of the City of Westminster;

(b) subject to the provisions of sub-paragraphs ( e ) and ( f ) of this paragraph, for references to the vestry of the parish of Chelsea there shall be substituted references to the council of the Royal borough of Kensington and Chelsea;

(c) for references to the Company of Proprietors of the Grand Junction Canal there shall be substituted references to the British Waterways Board;

(d) in section 7, for references to the Metropolitan Board of Works there shall be substituted references to the highway authority;

(e) in sections 44 and 45, for references to the vestry of the parish of Chelsea in relation to the Wedlake Street footbridge there shall be substituted references to the council of the City of Westminster; and

(f) in section 46(1), for references to the vestry of the parish of Chelsea and the vestry of the parish of Kensington there shall be substituted references to the council of the City of Westminster and the council of the Royal borough of Kensington and Chelsea respectively and references to the vestry of the parish of Paddington shall be omitted.

Section 21

In the Metropolitan Board of Works (Various Powers) Act 1885—

(a) at the end of section 23 there shall be inserted—

Sections 250 to 252 of the Local Government Act 1933 shall apply in relation to byelaws made under this section and such byelaws shall not have effect until they are confirmed by the Minister of Transport.

(b) in section 41, for the words from the beginning to “but they” there shall be substituted the words “The Greater London Council” ; and

(c) in section 78, for references to the Commissioners of Her Majesty's Woods, Forests and Land Revenues or either of them there shall be substituted references to the Crown Estate Commissioners.

Section 22

In the Metropolitan Board of Works (Various Powers) Act 1886, in section 22, for references to the Board of Trade there shall be substituted references to the Minister of Transport.

Section 23

In the Metropolitan Board of Works (Various Powers) Act 1887, in section 7—

(a) for references to the Metropolitan Board of Works and the Surrey Commercial Dock Company there shall be substituted references to the council of the London borough of Lewisham and the Port of London Authority respectively;

(b) for paragraphs (13) and (14) there shall be substituted—

(13) The council of the London borough of Lewisham shall be liable to maintain and repair the said bridge and the approaches thereto so far as they affect the canal towing path and lands of the Port of London Authority.

(14) In the event of any dispute arising between the council of the London borough of Lewisham and the Port of London Authority as to the execution of any works the dispute shall be referred to and determined by an arbitrator to be agreed upon between the parties or failing agreement to be appointed on the application of either of them (after notice in writing to the other) by the President of the Institution of Civil Engineers and subjects as aforesaid the provisions of the Arbitration Act 1950 shall apply to any such determination.

Section 24

In the Thames Tunnel (Blackwall) Act 1887—

(a) in section 2, for the definition of “street” there shall be substituted—

“ street ” means a street for the purposes of the Highways Act 1959 ;

(b) in section 13(3), for the reference to the Board of Trade there shall be substituted a reference to the Minister of Transport;

(c) in section 46(6), for the words from “and all the provisions” to “the dock company:” there shall be substituted the words “and the provisions of the Arbitration Act 1950 shall apply to any such determination:” ; and

(d) for section 51 there shall be substituted the following section—

(51) The provisions of sections 250 to 252 of the Local Government Act 1933 shall extend and apply to any byelaws under this Act.

Section 25

In the Metropolitan Board of Works (Various Powers) Act 1888—

(a) in sections 7 and 9, for references to the Metropolitan Board of Works there shall be substituted references to the highway authority; and

(b) for section 37 there shall be substituted the following section—

(37) For the purposes of any byelaws made or having effect as if made by the Greater London Council under the Open Spaces Act 1906 any footbridges constructed by or vested in the said Council over the Mid-Kent Railway and the River Ravensbourne shall be deemed to form part of an open space.

Section 26

In the London Council (General Powers) Act 1890—

(a) in section 16—

(i) for the words “No such byelaw” there shall be substituted the words “No byelaw made or having effect as if made by the Greater London Council under any enactment” ; and

(ii) for references to the Secretary of State for War there shall be substituted references to the Secretary of State for Defence; and

(b) in section 18—

(i) for references to the London County Council there shall be substituted references to the Greater London Council and to the council of an inner London borough; and

(ii) for the words “under this Part of this Act” there shall be substituted the words “or having effect as if made by the Greater London Council or by the council of an inner London borough in relation to any open space for the purposes of Part V of the London County Council (General Powers) Act 1935” .

Section 27

In the London Open Spaces Act 1893—

(a) in section 10, for references to the standing arbitrator there shall be substituted references to an arbitrator appointed in accordance with the provisions of the Arbitration Act 1950; and

(b) in section 26, for the words “London Council (General Powers) Act 1890” there shall be substituted the words “Open Spaces Act 1906” .

Section 28

In the London County Council (Subways) Act 1893—

(a) subject to the provisions of sub-paragraph ( d ) of this paragraph, for references to the Board of Trade there shall be substituted references to the Minister of Transport;

(b) in section 2—

(i) in the definition of “the company”, for the words from “the Commissioners of Sewers” onwards there shall be substituted the words “the council of an inner London borough or the Common Council;” ; and

(ii) for the definition of “street” there shall be substituted—

the expression “ street ” means a street for the purposes of the Highways Act 1959 ;

(c) in section 15, for the words “Arbitration Act 1889” there shall be substituted the words “Arbitration Act 1950” ; and

(d) in section 21, for the reference to the Board of Trade there shall be substituted a reference to the Minister of Power.

Section 29

In the London County Council (General Powers) Act 1893—

(a) in section 20, for the reference to the Commissioners of Woods there shall be substituted a reference to the Crown Estate Commissioners; and

(b) in section 22(6), for the reference to the Board of Trade there shall be substituted a reference to the Minister of Transport.

Section 30

In the London County Council (Improvements) Act 1894, for section 45(11) there shall be substituted—

(11) The powers of the Greater London Council to make byelaws under the Open Spaces Act 1906 shall apply to the garden with the addition that byelaws made under that Act may be made for giving full effect to the foregoing provisions of this section.

Section 31

In the Thames Tunnel (Greenwich to Millwall) Act 1897—

(a) in section 2, for the definition of “street” there shall be substituted—

“ street ” means a street for the purposes of the Highways Act 1959 ;

; and

(b) in section 28, for the words from “the Metropolis Management Act 1855” onwards there shall be substituted the words “sections 250 to 252 of the Local Government Act 1933.” .

Section 32

In the London County Council (General Powers) Act 1897, in section 9—

(a) for references to the London County Council there shall be substituted references to the council of the London borough of Wandsworth; and

(b) for references to the West London Extension Railway Company there shall be substituted references to the British Railways Board.

Section 33

In the London County Council (General Powers) Act 1899, at the end of section 28 there shall be added—

(4) The provisions of sections 250 to 252 of the Local Government Act 1933 shall apply to any byelaws made under this section.

Section 34

In the Thames Tunnel (Rotherhithe and Ratcliff) Act 1900—

(a) in section 2, for the definition of “street” there shall be substituted—

“ street ” means a street for the purposes of the Highways Act 1959

(b) in sections 22(10) and 24(14), for the words “Arbitration Act 1889” there shall be substituted the words “Arbitration Act 1950” ; and

(c) in section 54, for the words from “the Metropolis Management Act 1855” onwards there shall be substituted the words “sections 250 to 252 of the Local Government Act 1933.” .

Section 35

In the London County Council (Improvements) Act 1900—

(a) for references to the Commissioners of Works or any of them there shall be substituted references to the Minister of Public Building and Works; and

(b) in section 2, for the definition of “street” there shall be substituted—

“ street ” means a street for the purposes of the Highways Act 1959 ;

Section 36

In the Woolwich Borough Council Act 1903, in section 4, for the words from “and under the Public Health Act 1875” onwards there shall be substituted the words “shall extend to the whole of the London borough of Greenwich:

Provided that nothing in this section shall prejudice any rights whether under statute, charter, custom or otherwise subsisiting immediately before 1st April 1965 in the metropolitan borough of Greenwich.”; and the word “recited” shall be omitted.

Section 37

In the London County Council (General Powers) Act 1903—

(a) in section 26, references to the Surrey Commercial Dock Company and the council of the metropolitan borough of Camberwell shall be construed as references to the Port of London Authority and the council of the London borough of Southwark respectively; and

(b) in section 50—

(i) for the word “regulations” wherever it occurs there shall be substituted the word “byelaws” ; and

(ii) for the words “sections 182 to 186 of the Public Health Act 1875” there shall be substituted the words “sections 250 to 252 of the Local Government Act 1933” .

Section 38

In the Hainault (Lambourne Fox Burrows and Grange Hill) Act 1903—

(a) in section 4, in subsections (5) and (6), for references to the Commissioners of Woods there shall be substituted references to the Crown Estate Commissioners;

(b) in section 5, for paragraph (1) there shall be substituted—

(1) The provisions of the Open Spaces Act 1906 with respect to the making of byelaws

(c) in section 11, for references to the purchasing authority there shall be substituted references to the Greater London Council; and

(d) for section 18 there shall be substituted the following section—

(18) All costs and expenses of the Greater London Council in the execution of this Act shall be defrayed, as the Council may decide—

as expenditure for general London purposes, or

as expenditure for special London purposes chargeable on such part of Greater London as the Council may determine.

Section 39

In the Thames River Steamboat Service Act 1904—

(a) in its application to Greenwich Pier, for references to the Board of Trade and the Admiralty there shall be substituted references to the Minister of Transport and the Secretary of State for Defence respectively;

(b) in section 7(2), in the proviso, for the words “section 116 of the Thames Conservancy Act 1894” there shall be substituted the words “section 254 of the Port of London (Consolidation) Act 1920” ; and

(c) in section 36, for the words “section 2 of the Conveyance of Mails Act 1893” and “sections 4 and 5 of the said Act” there shall be substituted the words “section 44 of the Post Office Act 1953” and “section 45 of the said Act” respectively.

Section 40

In the London County Council (General Powers) Act 1905—

(a) in section 28—

(i) references to the London County Council shall be construed as references to the Greater London Council; and

(ii) for the second paragraph there shall be substituted—

A street or road constructed by the Greater London Council under this section shall be deemed for the purposes of Part IX of the Highways Act 1959 to be a street and the said Council shall make up the said street or road in accordance with the provisions of that Part.

; and

(b) in section 30, for the reference to the Commissioners of Woods there shall be substituted a reference to the Crown Estate Commissioners.

Section 41

In the County Office Site (London) Act 1906, in section 22(3), for the words “section 116 of the Thames Conservancy Act 1894” there shall be substituted the words “section 254 of the Port of London (Consolidation) Act 1920” .