London Government Act 1963

Section 16.

SCHEDULE 6 Amendments as from 1st April 1965 in Highways Act 1959

1 In section 1 (2), for the word " borough " where first occurring there shall be substituted the words " county borough, non-county borough ",

2 After section 2 (b) there shall be inserted—

“(c) where the road is situated in a London borough, the Greater London Council or the council of the borough, according as the road is or is not designated by the order as a metropolitan road”.

3 In section 3 (1) for the words "The council of a county, borough or urban district" there shall be substituted the words " Any council other than the council of a rural district. "

4 In section 8 (2)—

(a) in paragraph (b), after the words " that council" there shall be inserted the words " (and, if the road is situated in Greater London, also by the Greater London Council) ";

(b) in paragraph (c) after the words " of the Minister " there shall be inserted the words " (and, if the road is situated in Greater London, also by the Greater London Council with such consent) ",

5 (1) In section 10 (1). for the words " (including the county of London)" there shall be substituted the words " with the Greater London Council ",

and for the words " or county borough " there shall be substituted the words " county borough or London borough ",

(2) In section 10 (4) after the word "county" there shall be inserted the words " with the Greater London Council or with the council of a ",

6 In section 13 (6), for the words "(including the county of London) " there shall be substituted the words " the Greater London Council " and for the words " metropolitan borough " there shall be substituted the words " London borough ",

7 In section 21 (1), after the word "highways" there shall be inserted the words " outside Greater London ",

8 In section 26 (1) for the words " the council of every county, borough and urban district through which " there shall be substituted the words " every council (other than the council of a rural district) through whose area ",

9 In section 29, at the end there shall be added—

“(5) This section shall apply to Greater London as if Greater London were a county, the Greater London Council were the council of that county and the London boroughs and the City of London were county districts in that county.”

10 In section 30 (6), for the words from " the council" where first occurring onwards there shall be substituted the words " or any council ",

11 In section 34, at the end there shall be added—

“(12) This section shall apply to a London borough or the City of London as if it were a county borough and, in the case of the City of London, as if the Common Council were the council of that county borough.”

12 In section 37, after the word " district" there shall be inserted the words " or the Common Council ",

13 (1) In section 38 (2) (c)—

(a) after the words " urban district" there shall be inserted the words " the Greater London Council or the Common Council ";

(b) after the word " authority" there shall be inserted the words " or the Greater London Council ",

(2) At the end of section 38 there shall be added—

“(7) In the application of this section to any highway situated in an area which immediately before 1st April 1965 formed part of the administrative county of London—

(a) any reference therein to the commencement of this Act shall be construed as a reference to the said 1st April;

(b) the reference in subsection (3) to the council of a borough shall be construed as including a reference to the council of a metropolitan borough and the Common Council”.

14 In section 39 (1), the words " of the county, borough or urban district" shall be omitted.

15 In section 40 (4)—

(a) in paragraph (a), after the word " section " there shall be inserted the words " is intended to become a metropolitan road or ";

(b) in paragraph (b), after the word " section " there shall be inserted the words " crosses or will cross a metropolitan road or, as the case may be ";

(c) after the word " exercisable " there shall be inserted the words " by the Greater London Council and not by any other local highway authority or ",

16 Section 42 shall cease to have effect.

17 In section 43, after the word " district" there shall be inserted the words " or the Common Council ",

18 (1) In section 48 (5), at the end there shall be added the words " or, if the materials are to be used in Greater London, from any quarry in Greater London ",

(2) In section 48 (6), after the words "in which the bridge is" there shall be inserted the words " or, if the bridge is in Greater London, from any quarry in Greater London ",

(3) In section 48 (9) at the end there shall be added—

• “' borough ' includes the City of London ;

• ' trunk road ' includes a metropolitan road, and ' trunk road bridge' shall be construed accordingly.”

19 In section 50 (2), after the words " special road " there shall be inserted the words " metropolitan road ",

20 In section 60, at the end there shall be added—

“(5) In this section the expression ' borough' includes the City of London.”

21 In section 65, at the end there shall be added—

“(6) This section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough.”

22 In section 67, at the end there shall be added—

“(7) This section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough.”

23 In section 69, at the end there shall be added—

“(4) This section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough.”

24 In section 75, at the end there shall be added—

“(5) In this section, the expression ' borough' includes the City of London.”

25 In section 76 (4) for the words from " and " to " may be " there shall be substituted the words " in relation to a metropolitan road, the Greater London Council, and in any other case the local authority for the area in which the highway is situated ",

26 (1) After section 85 (4) (d) there shall be inserted—

“(aa) as respects a highway being a trunk road situated in a London borough, both by the council of the borough and by the Greater London Council as well as by the Minister, and”.

(2) In section 85 (5), after the words " land is " there shall be inserted the words " (or, if that land is in a London borough, both by the council of the borough and by the Greater London Council) ",

27 After section 101 (2) (c) there shall be inserted—

“(d) in the case of a bridge the highway over which is a metropolitan road or partly a metropolitan road, by the Greater London Council;

(e) in the case of any other bridge in a London borough or the City of London, by the council of the borough or, as the case may be, the Common Council.”

28 After section 108(10)(a) there shall be inserted—

“(aa) in relation to a metropolitan road, the local authority for the area in which the road is situated acting with the consent of the Greater London Council; and”.

29 In section 112(2), at the end there shall be added—

“(d) as respects any part thereof in a London borough or in the City of London, except with the consent of the council of that borough or, as the case may be, of the Common Council.”

30 For section 116(2) there shall be substituted—

“(2) The council of a county as respects any county road in the county, or the Greater London Council, the council of a county borough or London borough or the Common Council as respects any highway in their area, may assert and protect the rights of the public to the use and enjoyment of any such road or highway, including any roadside waste which forms part thereof.”

31 In section 118(2), for the words "borough or of an" there shall be substituted the words " county borough, non-county borough or ",

32 In section 130(4), at the end there shall be added the words " and this section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough. "

33 In section 132, at the end there shall be added—

“(9) This section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough.”

34 In section 133, at the end there shall be added—

“(5) This section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough.”

35 In section 137—

(a) for the words " the London Traffic Area " in subsections (1), (5) and (6) and for the words " that area " in subsection (1) there shall be substituted the words " Greater London ";

(b) for the word " Minister " there shall be substituted—

(i) in the first place where it occurs in subsection (1), the words " Greater London Council (hereafter in this and the next following section referred to as 'the Council')" ; and

(ii) subject to sub-paragraphs (d) and (e) of this paragraph, in every other place where it occurs, the word " Council";

(c) subject to the next following sub-paragraph, for the word " him " wherever it occurs there shall be substituted the word " them ";

(d) in subsection (3), for the words from the beginning to " report" where last occurring there shall be substituted the words " The Council shall consider in relation to one another the proposals contained in the statements submitted to, or prepared by, them under this section and, after consultation with the appropriate commissioner of police and the London Transport Board ";

(e) in subsection (3), after the words " authorities affected " there shall be inserted the words " other than the Minister ";

(f) in the proviso to subsection (3), for the word " he " there shall be substituted the word " they ",

36 In section 138—

(a) for the word " Minister" wherever it occurs there shall be substituted the word " Council ";

(b) for the words " him ", " his ", or " he thinks ", wherever any of those words occur, there shall be substituted respectively the words " them " , " their ", or " they think " ;

(c) after subsection (3) there shall be inserted—

“(3A) The consent of the Council for the purposes of subsection (2) of this section shall not be unreasonably withheld, and any question arising under this subsection whether the withholding of consent is unreasonable shall be determined in like manner as any similar question arising under subsection (4) of section 136 of this Act; and subsections (6) and (7) of that section shall have effect as if the references therein to subsection (1) of that section included references to the said subsection (2)”.

37 In section 139(1), for cue words " the London Traffic Area " there shall be substituted the words " Greater London ",

38 In section 142(5), at the end there shall be added the words " and this section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough ",

39 In section 143(5), at the end there shall be added the words " and this section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough ",

40 In section 146(1), for the word " borough " in the first place where it occurs there shall be substituted the words " county borough, non-county borough ",

41 In section 148(1), after the word " Act" there shall be inserted the words " or in any area in Greater London ",

42 In section 149(1), after the words " urban district" there shall be inserted the words " the Greater London Council or the Common Council ",

43 In section 154(1), after the words " urban district" there shall be inserted the words " or in the City of London ",

44 In section 155(11), for the words from "a highway in a borough" to "case may be" there shall be substituted the words " any other highway, the local authority for the area in which it is situated ",

45 In section 157, at the end there shall be added—

“(9) This section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough”.

46 For section 159(8)(b) there shall be substituted—

“(b) in relation to any other highway, the local authority for the area in which the highway is situated”.

47 In section 163, at the end there shall be added—

“(7) This section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough”.

48 In section 164(1), after the word "Act" there shall be inserted the words " and any local authority in Greater London ",

49 In section 165, at the end there shall be added—

“(4) This section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough”.

50 For section 166(6)(b) there shall be substituted—

“(b) in relation to any other highway, the local authority for the area in which the highway is situated.”

51 In section 167, at the end there shall be added—

“(8) This section shall apply to the City of London as if it were a borough and the Common Council were the council of that borough.”

52 In section 170(3), after the word "Act" where first occurring there shall be inserted the words " and the local authority for any area in Greater London ",

53 (1) In section 173(1), after the word " apply " there shall be inserted the words " in all London boroughs, in the City of London ",

and for the words " any borough " there shall be substituted the words " any county borough, non-county borough ",

(2) In section 173(2), for the word " boroughs " there shall be substituted the words " county boroughs, non-county boroughs ",

(3) In section 173(3), for the words " boroughs and" there shall be substituted the words " boroughs other than the inner London boroughs and in all ",

54 In section 192(3)(i), for the words " (including the county of London)" there shall be substituted the words " the Greater London Council, the council of a " and for the words " metropolitan borough" there shall be substituted the words " London borough ",

55 In section 204(1), after the words " situated in " there shall be inserted the words " a London borough, the City of London or ",

56 In section 206(9), at the end there shall be added the words " and this section shall apply to a London borough or the City of London as if it were a county borough and, in the case of the City of London, as if the Common Council were the council of that county borough. "

57 (1) In section 213(2), in the definition of " street works authority ", after paragraph (a) there shall be inserted—

“(aa) as respects a street in the City of London, the Common Council; and”.

(2) In section 213 (3) (a), after the word " force" there shall be inserted the words " and in a London borough and the City of London ",

(3) In section 213 (4), at the end there shall be added the words " and in this subsection the expression ' county borough' includes a London borough and the City of London ",

58 After section 214(7)(a) there shall be inserted—

“(aa) in the case of a trunk road in a London borough, both by the council of that borough and by the Greater London Council as well as by the Minister, and”.

59 After section 223(2)(a) there shall be inserted—

“(aa) if the acquisition is for a purpose so specified in connection with a trunk road in a London borough, both by the council of that borough and by the Greater London Council as well as by the Minister, and”.

60 In section 233(1), after the word " Minister" where first occurring there shall be inserted the words " or, in the case of any other highway, being a highway situated in a London borough or in the City of London, either the council of the borough or the Common Council, as the case may be, or the Greater London Council ",

61 (1) In section 238(1), for the words "or county borough" there shall be substituted the words " the Greater London Council and the council of a county borough or London borough ",

(2) In section 238 (3), at the end there shall be added the words " and this subsection shall have effect as if Greater London were a county, the Greater London Council were the council of that county and a London borough were a non-county borough in that county ",

62 In section 239(2), for the words from " the council" where first occurring onwards there shall be substituted the words " or any council ",

63 (1) In section 252(1), after the words " the authority " there shall be inserted the words " or, in the case of any area in Greater London, either the local authority or the highway authority for either of the streets in question (not being the Minister) ",

(2) In section 252 (2) after the word " authority " there shall be inserted the words " or highway authority ",

64 In section 257(1), after the word " Act" there shall be inserted the words " and any local authority in Greater London ",

65 In section 276, at the end there shall be added—

“(10) In this section, the expression ' borough' includes the City of London.”

66 In section 286(2), after the word " Government" there shall be inserted the words " or made by the Greater London Council ",

67 Section 291, except subsection (3) thereof, shall cease to have effect.

68 In section 295(1)—

(a) after the paragraph beginning "code of 1875" there shall be inserted—

• “' Common Council ' means the Common Council of the City of London”;

(b) in the definition of " council", after the words " county council" there shall be inserted the words " the Greater London Council ";

(c) in the definition of " local authority ", for the words " or county district" there shall be substituted the words " London borough or county district or the Common Council ";

(d) after the paragraph beginning " maintenance " there shall be inserted—

• “' metropolitan road ' means a road for the time being designated by or under section 17 of the London Government Act 1963 as a metropolitan road ;”

69 In section 297, after the words " or county borough " there shall be inserted the words " or relating to the functions of the Greater London Council as respects metropolitan roads or of the council of a London borough as respects any other highway ",

70 Section 312(3) shall cease to have effect and the repeal effected by section 312 (2) shall extend to the whole of Greater London.

71 In section 312(5), for the words from " in force " onwards there shall be substituted the words " in force in any part of Greater London on 31st March 1965 shall cease to have effect on 1st April 1965 ",

72 In Schedule 1, in paragraph 3, in the Table—

(a) in head (i), for the words " The council of every county and county borough in which " there shall be substituted the words " Every council (other than the council of a county district) in whose area ";

(b) in head (iii), for the words " The council of every county, county borough and county district in which" there shall be substituted the words " Every council in whose area ",

73 In Schedule 1, in paragraph 8(a), for the words " the council of every county, county borough and county district in which " there shall be substituted the words " every council in whose area. "

74 In Schedule 7, in paragraph 1(3)(b)(i)—

(a) for me words " the council of every county, county borough, county district and " there shall be substituted the words " every council, the council of every ";

(b) for the words " county, borough, district or parish which " there shall be substituted the words " council or parish whose area ",

75 In Schedule 7, in paragraph 3(3)(a), for the words " the council of a county, county borough or county district", there shall be substituted the words " any council ",

76 In Schedule 9, in paragraph 1, after the words " county council" there shall be inserted the words " or the Greater London Council ",

77 In Schedule 19, in column 2, in the entries relating to sections 118, 146 (1) and 204, for the word "Borough" there shall be substituted the words " County borough, non-county borough ",

78 Without prejudice to the power to make an order for corresponding purposes under section 84 of this Act, Schedule 24 shall not apply to Greater London other than the outer London boroughs.