The London Government Order 1965

Sewerage and sewage disposal

23.—(1) In this article—

“the Act of 1936” means the Public Health Act 1936;

“an agreement” means an agreement under section 28 of the Act of 1936 in force immediately before 1st April 1965, or in relation to paragraph (5) immediately before the sewer or sewage disposal works in question vests or vest in the Greater London Council;

“section 35” means section 35 of the Act;

“sewerage authority” has the same meaning as in Part II of the Act of 1936.

(2) The provisions of this article shall be without prejudice to the rights of the parties to an agreement to amend or dissolve that agreement.

(3) Where a sewer which by virtue of section 35 vests in a London borough council is the subject of an agreement in pursuance of which it communicates or may be made to communicate with a sewer, or discharges or may discharge into sewage disposal works, which on and after 1st April 1965 is or are vested in a sewerage authority other than that council, unless the other sewerage authority is the Greater London Council, the said agreement shall have effect on and after 1st April 1965, subject to the provisions of this article, as if the council in whom the first-mentioned sewer vests as aforesaid were substituted as a party thereto for the sewerage authority in whom such sewer was vested immediately before that date.

(4) Where a sewer or sewage disposal works which by virtue of section 35 vests or vest in a London borough council is or are the subject of an agreement in pursuance of which a sewer which on and after 1st April 1965 is vested in a sewerage authority other than that council communicates or may be made to communicate with the first-mentioned sewer or discharges or may discharge into the said sewage disposal works, the said agreement shall have effect, on and after 1st April 1965, subject to the provisions of this order, as if the council in whom the first-mentioned sewer or the said sewage disposal works vests or vest as aforesaid were substituted as a party thereto for the sewerage authority in whom that sewer or those works was or were vested immediately before that date.

(5) Where a sewer or sewage disposal works which vests or vest in the Greater London Council by virtue of section 35 is or are the subject of an agreement in pursuance of which a sewer vested in a sewerage authority other than the Greater London Council communicates or may be made to communicate with the first-mentioned sewer or discharges or may discharge into the said sewage disposal works, the said agreement shall—

(a) if that other sewerage authority is a London borough council, cease to have effect on the day when the first-mentioned sewer or the said sewage disposal works vests or vest in the Greater London Council;

(b) in any other case, have effect on and after that day as if the Greater London Council were substituted as a party thereto for the sewerage authority in whom the first-mentioned sewer or the said sewage disposal works was or were vested immediately before that day.