Special Roads Act 1949

22 Special provisions as to London

(1) The provisions of this Act shall, in relation to the Administrative County of London, have effect subject to the provisions of this section.

(2) For the purposes of this Act, the London County Council shall be deemed to be a highway authority, and references in this Act to a highway authority and to a local highway authority shall be construed accordingly.

(3) In relation to a special road for which the London County Council are the special road authority—

(a) section one hundred and thirty of the Metropolis Management Act, 1855 (which provides for the lighting of certain streets) shall not apply ;

(b) subject to the provisions of the next following subsection, all other functions with respect to the paving, lighting, cleansing, watering and improving of streets exercisable by any authority under the said Act of 1855 or under the Public Health (London) Act, 1936, shall be exercisable by the London County Council to the exclusion of that other authority.

(4) Subsection (2) of section six of the London Government Act, 1899 (which provides for the maintenance and repair by the councils of metropolitan boroughs of highways vested in the London County Council) shall apply in relation to the paving, lighting, cleansing, watering and improving of a special road for which the London County Council are the special road authority, and generally in relation to the maintenance and repair of such a road as they apply to the maintenance and repair of a highway vested in the London County Council.

(5) Except in the case of a special road for which the Minister is the special road authority, section six of this Act shall not apply in relation to any sewer or sewage disposal works of the London County Council within the Administrative County of London.

(6) Notwithstanding anything in section twenty of the Restriction of Ribbon Development Act, 1935, the following sections of that Act, that is to say, section four (which provides for the fencing of roads) and sections thirteen and fourteen (which provide for the acquisition of land and rights in connection with land) shall apply in relation to special roads in the Administrative County of London, not being trunk roads, and for the purposes of the said sections thirteen and fourteen as so applied the Acquisition of Land (Authorisation Procedure) Act, 1946, shall have effect as if this subsection had been in force immediately before the commencement of that Act.

(7) In relation to any land acquired under the said section thirteen as extended by section ten of this Act by a local authority within the meaning of the London Government Act, 1939, subsection (2) of the said section ten shall have effect as if for the reference to section one hundred and sixty-four of the Local Government Act, 1933, there were substituted a reference to section one hundred and seven of the London Government Act, 1939

(8) For the purposes of subsection (3) of section nine of this Act, the expression " the council of a county " shall not include the London County Council and the proviso to subsection (2) of section ten of the Development and Road Improvement Funds Act, 1909 (which imposes on the councils of metropolitan boroughs the responsibility for maintaining a road in respect of which a grant under that Act is made to the London County Council) shall not apply to any road provided by that Council in pursuance of a scheme or order under this Act.

(9) In its application to the Administrative County of London, the First Schedule to this Act shall have effect—

(a) as if in paragraph 4 thereof for the reference to section two hundred and ninety of the Local Government Act, 1933, there were substituted a reference to section one hundred and eighty-nine of the London Government Act, 1939; and

(b) as if in relation to any part of the route of a special road which is situated, or any works authorised by the proposed order which are to be carried out, in the City of London or a metropolitan borough the references in paragraphs 2 and 8 to the council of a county, county borough and county district included references to the Common Council of the City of London and to the council of a metropolitan borough respectively.

(10) Nothing in this Act or any scheme or order made thereunder shall relieve the council of a metropolitan borough from the requirement to obtain the consent of the London County Council under section seventy-two of the Metropolis Management Amendment Act, 1862, in respect of the carrying out of any such works as are mentioned in that section.