The London Government (Grants and Rates, etc.) Order 1965

Title and commencement

1.  This order may be cited as the London Government (Grants and Rates, etc.) Order 1965, and shall come into operation on 30th January 1965.

Interpretation

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—

“the Act” means the London Government Act 1963;

“the specified matters” means—

• the establishment of the London boroughs as rating areas and of the councils of the boroughs as the rating authorities therefor;

• the abolition of the metropolitan boroughs and the county boroughs and county districts the area of which falls wholly within Greater London;

• the alteration of the area of the urban district of Chigwell made by the Act;

• the transfer of the urban district of Potters Bar to Hertfordshire and of the urban districts of Staines and Sunbury-on-Thames to Surrey;

• the adjustment of the metropolitan police district made by the Act; and

• the amendment of the Rate-product Rules 1959(1) made by article 13.

(3) In this order, unless the context otherwise requires, references to a 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 this order to a numbered article shall, unless the reference is to an article of a specified order, be construed as a reference the article bearing that number in this order.

(5) Any reference in any article of this order to a numbered paragraph shall, unless the reference is to a paragraph of a specified article, be construed as a reference to the paragraph bearing that number in the first-mentioned article.

Interim action

3.—(1) For the purposes of the taking of any action and the incurring of an expenditure in relation thereto, by, or in relation to, the Greater London Council, a London borough council or the Common Council to ensure the effective operation as from 1st April 1965, the provision made by sections 4 and 83(1) of the Act shall be deemed to have been made as from the passing of the Act.

(2) For the purposes of the taking of any action and the incurring of any expenditure in relation thereto, by any authority in relation to the counties of Hertfordshire and Surrey as existing on and after 1st April 1965, the provision made by section 3(1) of the Act in relation to the urban district of Potters Bar and the urban districts of Staines and Sunbury-on-Thames shall be deemed to have been made as from the passing of the Act.

Qualification for membership of councils

4.—(1) In relation to the qualification of any person to be elected a member of the county council of Essex, Hertfordshire, Kent or Surrey or the urban district council of Chigwell, or of any committee, joint board or joint committee, at any election held after the coming into operation of this order the alteration of the area of the county or the urban district made by section 3(1) of the Act shall be deemed to have been made as from the passing of the Act.

(2) No person who remains in office after 1st April 1965 as a member of the county council of Hertfordshire or the urban district council of Chigwell or of any committee, joint board or joint committee, shall, during the term for which he remains in office, be deemed to lose his qualification for being member by reason of the alteration of the area of the county or the urban district made by section 3(1) of the Act.

County councils of Essex, Kent and Surrey

5.—(1) The county councillors of Essex, Kent and Surrey elected at the elections held in March 1965 shall come into office on 1st April 1965.

(2) The first meeting of the county council of Essex, Kent or Surrey held or after 1st April 1965 shall be the annual meeting of the council for 1965.

General grant

6.—(1) Paragraph 1 of Part IV of Schedule 1 (Adjustments of general grants for pooling, etc., arrangements) to the Local Government Act 1958 shall have effect, in respect of the expenditure defined in items (a) to (d) in sub-paragraph (4) of the said paragraph, with—

(a) the substitution, in sub-paragraph (2), for the words following “this paragraph applies” of—

“of the specified recipient authorities and the Inner London Education Authority, for apportioning the aggregate among such authorities and in the case of the specified recipient authorities for ascertaining the amount by which the general grant to each authority ought to be increased or decreased.

In this sub-paragraph, `the specified recipient authorities' means the recipient authorities other than the councils of the London boroughs of Camden, Greenwich, Hackney, Hammersmith, Islington, Kensington and Chelsea, Lambeth, Lewisham, Southwark, Tower Hamlets, Wandsworth and Westminster and the Common Council of the City of London”;

and

(b) the addition, in sub-paragraph (3)—

(i) after “general grant”, of “or of the payment to or by the Inner London Education Authority”;

(ii) at the end of item (b), of “or of that payment”;

(iii) after “the grants”, of “(whether payable by virtue of section 64 of the London Government Act 1963 or after re-allocation by a scheme under section 66 of that Act) or make or recover payment to or from the Inner London Education Authority”;

(iv) after “any adjustment”, of “or make or recover payment as aforesaid”,

and in the General Grants (Pooling Arrangements) Regulations 1959(2)—

(a) in regulation 4(4) there shall be inserted—

• after “county borough” where first occurring, “or an outer London borough within the meaning of the London Government Act 1963”;

• after “county borough” where next occurring, “or the London borough” ;

• after “county”, “or the Inner London Education Area”; and

• at the end, “or the said Area” ;

(b) in regulation 5—

• for “and county borough council” , there shall be substituted, “county borough council and council of an outer London borough”;

• after “increased or decreased” there shall be inserted “and the payment which should be made to or by the Inner London Education Authority”;

(c) in regulation 6, after “general grants” wherever occurring, there shall be inserted “and of the payment to or by the Inner London Education Authority” .

(2) The said paragraph 1 shall have effect in respect of the expenditure defined in item (e) in sub-paragraph (4) thereof with the addition—

(i) of the following paragraph—

“(3A) If no general grant is payable to the Common Council of the City of London for any year, or if the amount of the general grant payable for the year is smaller than the amount by which the grant falls to be decreased, the preceding sub-paragraph shall have effect in relation to the City of London with the substitution, for the words following `the Minister' where last occurring, of `shall recover the certified estimated amount in respect of the City of London or the difference between such amount and the amount of the general grant for the year, as the case may be, from the Common Council, and shall recover or pay any amounts necessary to offset differences between the estimated and actual amounts certified'.”;

(ii) after “the grants” in sub-paragraph (3), of “(whether payable by virtue of section 64 of the London Government Act 1963 or after re-allocation by a scheme under section 66 of that Act)”,

and in the General Grants (Health Authorities) (Pooling Arrangements) Regulations 1960(3), in regulation 5, for “county council and county borough council” , there shall be substituted “recipient authority” .

(3) In the Genera Grant (Calculation) Regulations 1958 (4)—

(a) in regulation 2(2) (which contains definitions) there shall be inserted—

“`the relevant area' means a county, a county borough, a London borough, the City of London or the Isles of Scilly;”;

(b) in regulation 3(1) (which provides for estimates), for “the council of each county and county borough in England and Wales and to the Council of the Isles of Scilly” , there shall be substituted “the council of each relevant area”;

(c) in regulation 4 (which provides that areas shall be taken according to the last published census for the time being), for “each county and county borough in England and Wales and of the Isles of Scilly”, there shall be substituted “of each relevant area”;

(d) the following regulation shall be added—

“5A.   For the purposes of regulation 5 and of any estimate of population made for the purposes of the general grant, the Inner Temple and the Middle Temple shall be deemed to form part of the City of London.”.

(4) In respect of the general grant for the year 1964–65 or any earlier year payable to any council named in column (1) of the following table—

(a) any further estimate (within the meaning of paragraph (1) of regulation 3 of the General Grant (Calculation) Regulations 1958) and the result of the conclusive calculation (within the meaning of paragraph (2) of the said regulation) thereof shall, if, in either case, it will have effect as regards the payment of general grants only on or after 1st April 1965, be notified to the council specified in respect of such first-mentioned council in column (2);

(b) where it appears from any such estimate or calculation that sums in excess of the amount of the estimate or calculation have already been paid on account of the grant the amount of the excess shall be recoverable by the Minister from the council so specified.

TABLE

(1)	(2)
The London County Council	The Greater London Council
The county council of Middlesex	The Greater London Council
The council of the county borough of Croydon	The council of the London borough of Croydon
The council of the county borough of East Ham or West Ham	The council of the London borough of Newham

(5) In so far as differences between the estimated and actual amounts of the increases and decreases of general grant which ought to be made for the year 1964–65 or any earlier year certified under paragraph 1(3) of Part IV of Schedule 1 to the Local Government Act 1958 cannot be offset by adjustment of the general grants for such year payable to the London County Council and the county council of Middlesex, the amounts which would apart from the abolition of such councils have fallen to be offset shall be recovered from the Greater London Council.

Rate-deficiency grants

7.  In respect of the rate-deficiency grant for the year 1964–65 or any earlier year payable to any council named in column (1) of the schedule to this order—

(a) any further estimate (within the meaning of paragraph (1) of regulation 8 of the Rate-deficiency Grants Regulations 1959(5)) and the result of the conclusive calculation (within the meaning of paragraph (2) of the said regulation) thereof shall, if, in either case, it will have effect as regards the payment of rate-deficiency grants only on or after 1st April 1965, be notified to the council specified in respect of such first-mentioned council in column (2);

(b) the first and second references in regulation 12(3), the first reference in regulation 13 and the first reference in regulation 14 of the said Regulations to the council shall be construed as references to the council named in column (1) or the council specified in respect thereof in column (2), as the case may be;

(c) any other reference in paragraphs (3) to (5) of regulation 12 or in regulations 13 and 14 of the said Regulations to the council shall be construed as a reference to the council specified in column (2).

Transitional adjustments under Local Government Act 1958

8.  Any adjustment under regulation 6(2) of the Grants and Rates (Transitional Adjustments) Regulations 1958(6) of a contribution under section 15 of the Local Government Act 1958 to or by a council named in column (1) of the schedule to this order which apart from the specified matters would have fallen to be made on or after 1st April 1965 shall be made by additions to or deductions from the general grants payable to the authority specified in respect of such first-mentioned council in column (2) by virtue of section 64 of the Act or after re-allocation by a scheme under section 66 of the Act.

Payments by Transport Boards

9.  In respect of any payment made by the Minister of Housing and Local Government under Part V of the Local Government Act 1948 as amended by section 66 of the Transport Act 1962 for the year 1964–65 or any earlier year to any council named in column (1) of the schedule to this order—

(a) any further estimate (within the meaning of paragraph (1) of regulation 6 of the Transport Boards (Payments for Rating Authorities) Regulations 1963(7)) and the conclusive calculation (within the meaning of paragraph (3) of the said regulation) thereof shall be notified to the council specified in respect of such first-mentioned council in column (2);

(b) any adjustment thereof consequent on such notification shall be effected by means of deductions from or additions to any sum payable to the council specified in column (2), or otherwise as the Minister may determine.

Adjustment of amounts payable under London Equalisation Scheme 1959

10.—(1) This article applies to the amounts payable in the years 1961–62 to 1964–65 under the provisions of paragraphs 4 and 5 of the London Equalisation Scheme 1959.

(2) Until 31st March 1966—

(a) the Minister may make and notify to the Greater London Council such further estimates of the said amounts, taking into account information not previously available, as he may think fit;

(b) as soon as practicable after he has received what appears to him to be sufficient information for the purpose the Minister shall make and notify to the Greater London Council a conclusive calculation of the said amounts.

(3) Any adjustment of information which could be made for the purposes of rate-deficiency grants under the provisions of regulations made under section 15 of the Local Government Act 1948 may be made for the purposes of paragraph (2) and any expenditure which could be disregarded for the said purposes may be disregarded for the purposes of such paragraph.

(4) Where any estimate or conclusive calculation under paragraph (2) for any year shows that a different amount was payable for that year to any authority, the difference shall be paid by the Greater London Council to the relevant authority or recovered by the Council from the relevant authority, as the case may be, by making the appropriate adjustment of the amounts due under the precepts of the Council to the relevant authority.

In this paragraph, “the relevant authority” means—

(a) in relation to the council of any metropolitan borough, the council of the London borough specified in respect of such first-mentioned council in column (2) of the schedule to this order;

(b) in relation to the Common Council of the City of London, that Council.

General provision for rating as from 1st April 1965

11.  For the purposes of—

(a) the alteration of any valuation list to take effect on 1st April 1965;

(b) the preparation of any estimate of the product of a rate of a penny in the pound, or the preparation or service of any precept to be made in respect of a period commencing on 1st April 1965;

(c) the preparation or approval of any rate to be made in respect of a period commencing on 1st April 1965,

the specified matters shall be deemed to have been effected as from the coming into operation of this order.

Rating of certain boards and undertakings

12.—(1) In the application of section 6 of and Schedule 3 to the Rating and Valuation (Miscellaneous Provisions) Act 1955 to any Gas Board and of section 12 of and Schedule 2 to the Local Government Act 1958 to any Electricity Board in relation to any rate period beginning on or after 1st April 1965 the specified matters shall be deemed to have been effected at all material times.

(2) If any adjustment of the cumulo-value of a water undertaking falls to be made under section 19 of the Rating and Valuation Act 1961 for the rate periods beginning on 1st April 1965 and subsequent rate periods the specified matters shall for the purpose of sections 19(4) and 20 of the said Act be deemed to have been effected at all material times.

Amendment of statutory instruments, etc

13.—(1) Subject to the provisions of article 11, this article shall have effect as from 1st April 1965.

(2) In the Rate-product Rules 1959—

(a) in rule 2, after “county councils” there shall be inserted, “the Greater London Council”;

(b) in rule 3(2), for the definitions of “rating authority” and “precepts” there shall be substituted—

“`rating authority' means the council of a county district or a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple;

`precept' means a precept issued by a county council, the Greater London Council or the Receiver for the Metropolitan Police District;”;

(c) in rule 8(1), after “county council” there shall be inserted, “the Greater London Council”.

(3) In rules 4 and 7 of the Rate-product Rules 1959 the references to each rating authority and in rule 4 of the Rate-product (County Boroughs) Rules 1959(8) the reference to the council of each county borough shall in respect of any council abolished by section 3 of the Act and in respect of the year 1964–65 be construed as references to the council specified in respect of such first, mentioned council in column (2) of the schedule to this order.

(4) In the Rate-accounts Regulations 1962(9)—

(a) in regulation 2(2), for the definitions of “council”, “parish” and “London” there shall be substituted—

“`council' means the council of a county borough, London borough or county district or the Council of the Isles of Scilly;

`parish' — outside Greater London, includes any part of a parish being either a contributory place as defined in section 343 of the Public Health Act 1936(10) or an area otherwise subject to separate or differential rating; and in Greater London, means any part of a rating area which is subject (otherwise than in respect of a garden or square) to separate or differential rating;”;

(b) in regulation 2(3), “and (in the application of these regulations to London) shall apply as if that Act extended to London” shall be omitted;

(c) in regulation 3(2)(g) the reference to previous rates shall include all rates, within the meaning of the Regulations, made by a London borough council or their predecessors.

(5) In the Valuation Lists Rules 1962(11)—

(a) in rule 3(2), for the definitions of “London” and “parish” there shall be substituted—

“`parish' — outside Greater London, includes any part of a parish being either a contributory place as defined in section 343 of the Public Health Act 1936 or an area otherwise subject to separate or differential rating; and in Greater London, means a rating area or any part of a rating area which is subject (otherwise than in respect of a garden or square or by reason of any provision of the City of London (Tithes and Rates) Act 1910(12) or the City of London (Tithes) Act 1947(13) to separate differential rating;”

(b) rule 3(3) shall be omitted.

(6) In the Valuation (Statutory Deductions) Order 1962 (14), in article 4, the words “in the administrative county of London as well as elsewhere in England and Wales” shall be omitted.

(7) In the London Outfall Sewers (Assessment of Loss) Order 1963—

(a) in article 2(2)—

in the definition of “the appropriate factor” , for “of the London County Council” there shall be substituted “of the Greater London Council”;

for the definition of “the councils” there shall be substituted—

“`the councils' means the councils of the London boroughs of Bexley, Greenwich, Newham and Tower Hamlets, and `council' means one of the councils;”

(b) in article 4(3), for “London Main Drainage Area” and “the said Area” there shall be substituted “the sewerage area of the Greater London Council” and “the said sewerage area”;

(c) for the Schedule, there shall be substituted—

“SCHEDULE

Name of Council	Basic Value
	£
Bexley	4,375
Greenwich	8,750
Newham	102,650
Tower Hamlets	12,720”.

Valuation lists

14.  The appropriate valuation officers of the Commissioners of Inland Revenue shall take such action as regards valuation lists as may be necessary as the result of the Act, and nothing in the Valuation Lists Rules 1962 shall preclude any such action being taken by the amalgamation of existing valuation lists or sheets of valuation lists or copies thereof (in all cases with any revisions, in particular the deletion of hereditaments, necessary) to form valuation lists for the London boroughs or the deletion of hereditaments from the valuation list for the urban district of Chigwell.

Proposals for alteration of valuation lists

15.  Subject to the provisions of paragraph 19(4) of Schedule 15 to the Act, any proposal for the alteration of a valuation list in respect of a hereditament in a London borough shall have effect as from 1st April 1965 as if it had been made for the alteration of the valuation list for the London borough in respect of such hereditament, and any action in relation to such proposal taken by, or in relation to, the rating authority shall have effect as if it had been taken by, or in relation to, the council of the London borough.

Local valuation panels

16.—(1) The members of the local valuation panels established under the provisions of the Essex Local Valuation Panels Scheme 1957 for the South Eastern and South Western panel areas and the chairmen and deputy chairmen of such panels who under such provisions are to retire on 1st April 1965 shall remain in office until 1st April 1967.

(2) The members (including two deputy chairmen) of the local valuation panel established under the provisions of the County Borough of Croydon Local Valuation Panel Scheme 1948 who under such provisions are to retire on 1st April 1966 shall remain in office until 1st April 1967.

Rating of owners

17.  Any direction for the rating of owners under section 11 of the Rating and Valuation Act 1925 or agreement entered into under that section (except any such direction rescinded before 1st April 1965 as from that date or any such agreement terminating before that date) shall continue to have effect in relation to the hereditaments in Greater London to which it would have applied apart from the specified matters until 31st March 1966 and shall then cease to have effect.

Any direction may be rescinded as aforesaid, in relation to hereditaments in a London borough, by the council of the London borough.

Collection of rate arrears

18.  All rates made but not collected at 1st April 1965 in respect of hereditaments in a London borough shall be collected and recovered by the council of the London borough.

Outstanding rates matters in certain areas

19.—(1) This article applies to the areas specified in column (2) of the table in article 22 of the London Authorities (Property etc.) Order 1964 (15)

(2) The amount payable under the said article in respect of such an area shall be reduced by the aggregate of the arrears at 31st March 1965 carried forward in the rates record in respect of hereditaments in such area, and article 24(6) of the London Authorities (Property etc.) Order 1964 shall have effect accordingly.

(3) Any action falling to be taken after 1st April 1965 in relation to rates made in respect of a rate period beginning before that date as regards hereditaments in such an area shall be taken by the council of the London borough specified in respect of such area in column (4) of the said table, and the reduction made under paragraph (2) shall not be affected by any such action.

Amendment of London Authorities (Property etc.) Order 1964

20.  In the London Authorities (Property etc.) Order 1964—

(a) in article 5(1), for sub-paragraph (c) there shall be substituted—

“(c) and land which immediately before 1st April 1965 is held for the purposes of functions as such a local authority as aforesaid by the council of a county borough, metropolitan borough or county district whose area falls wholly within a London borough;

(cc) any land within the London borough of Redbridge which immediately before 1st April 1965 is held for the purposes of functions as such a local authority as aforesaid by the urban district council of Chigwell;”;

(b) in article 20, “London” shall be omitted;

(c) in article 21(1)—

(i) for “general account” there shall be substituted “general county account”; and

(ii) at the end, there shall be added—

“and the London borough of Richmond upon Thames shall be deemed to comprise only the area of the existing boroughs of Barnes and Richmond”;

(d) in article 24(3), “and insurance fund” shall be omitted; and

(e) in article 33, for “column (2)”, there shall be substituted “column (3)”.

Given under the official seal of the Minister of Housing and Local Government on 26th January 1965.

L.S.

R. H. S. Crossman

Minister of Housing and Local Government