Chwilio Deddfwriaeth

Chwiliad Uwch

London Government Act 1963

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Point in time view as at 01/08/1993.

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SCHEDULES

Section 1.

SCHEDULE 1E+W The London Boroughs

Part I E+W

Areas etc. of the London boroughsE+W

123
Reference number of London boroughArea by reference to existing administrative areasInitial number of councillors on Greater London Council
1The metropolitan boroughs of Westminster, Paddington and St. Marylebone.4
2The metropolitan boroughs of Hampstead, Holborn and St. Pancras.3
3The metropolitan boroughs of Finsbury and Islington.3
4The metropolitan boroughs of Hackney, Shoreditch and Stoke Newington.3
5The metropolitan boroughs of Bethnal Green, Poplar and Stepney.2
6The metropolitan borough of Greenwich and so much of the metropolitan borough of Woolwich as lies south of the boundary referred to in paragraph 1 of Part II of this Schedule.3
7The metropolitan boroughs of Deptford and Lewisham.4
8The metropolitan boroughs of Bermondsey, Camberwell and Southwark.4
9The metropolitan borough of Lambeth and so much of the metropolitan borough of Wandsworth as lies east of the boundary referred to in paragraph 2 of Part II of this Schedule.4
10The metropolitan borough of Battersea and so much of the metropolitan borough of Wandsworth as lies west of the boundary referred to in paragraph 2 of Part II of this Schedule.4
11The metropolitan boroughs of Fulham and Hammersmith.3
12The metropolitan boroughs of Chelsea and Kensington.3
13The boroughs of Chingford, Leyton and Walthamstow.3.
14The borough of Ilford, the borough of Wanstead and Woodford, so much of the borough of Dagenham as lies north of the boundary referred to in paragraph 3 of Part II of this Schedule, and so much of the urban district of Chigwell as lies south of the boundary referred to in paragraph 4 of the said Part II.3
15The borough of Romford and the urban district of Hornchurch.3
16So much of the borough of Barking as lies east of the boundary referred to in paragraph 5 of Part II of this Schedule, and so much of the borough of Dagenham as lies south of the boundary referred to in paragraph 3 of the said Part II.2
17The county boroughs of East Ham and West Ham, so much of the borough of Barking as lies west of the boundary referred to in paragraph 5 of Part II of this Schedule and so much of the metropolitan borough of Woolwich as lies north of the boundary referred to in paragraph 1 of the said Part II.3
18The boroughs of Bexley and Erith, the urban district of Crayford, and so much of the urban district of Chislehurst and Sidcup as lies north of the boundary referred to in paragraph 6 of Part II of this Schedule.3
19The boroughs of Beckenham and Bromley, the urban districts of Orpington and Penge, and so much of the urban district of Chislehurst and Sidcup as lies south of the boundary referred to in paragraph 6 of Part II of this Schedule.4
20The county borough of Croydon and the urban district of Coulsdon and Purley.4
21The borough of Beddington and Wallington, the borough of Sutton and Cheam and the urban district of Carshalton.2
22The boroughs of Mitcham and Wimbledon and the urban district of Merton and Morden.2
23The borough of Kingston-upon-Thames, the borough of Malden and Coombe and the borough of Surbiton.2
24The boroughs of Barnes, Richmond and Twickenham.2
25The borough of Brentford and Chiswick, the borough of Heston and Isleworth, and the urban district of Feltham.3
26The borough of Uxbridge, the urban district of Hayes and Harlington, the urban district of Ruislip-Northwood, and the urban district of Yiewsley and West Drayton.3
27The boroughs of Acton, Ealing and Southall4
28The boroughs of Wembley and Willesden4
29The borough of Harrow3
30The boroughs of Finchley and Hendon, and the urban districts of Barnet, East Barnet and Friern Barnet.44
31The boroughs of Hornsey, Tottenham and Wood Green.3
32The boroughs of Edmonton, Enfield and Southgate.3

Part II E+W

Definition of certain boundariesE+W

1E+WThe boundary between the London boroughs numbered 6 and 17 respectively in Part I of this Schedule in the existing metropolitan borough of Woolwich shall be the line for the time being of the centre of the navigable channel of the River Thames at low water.

2E+WThe boundary between the London boroughs numbered 9 and 10 respectively in the said Part I in the existing metropolitan borough of Wandsworth shall be such as the Minister may by order determine on or near the general line of Hazelbourne Road, Cavendish Road, the railway between Balham and Streatham Common stations and the railway between Streatham and Mitcham Junction stations.

3E+WThe boundary between the London boroughs numbered 14 and 16 respectively in the said Part I in the existing borough of Dagenham shall be such as the Minister may by order determine on or near the general line of Billet Road.

4E+WThe boundary of the London borough numbered 14 in the said Part I in the existing urban district of Chigwell shall be a line beginning where the eastern boundary of the railway from Ilford to Woodford crosses the existing urban district boundary and running northwards along that eastern boundary to the southern edge of the footway on the south side of Manor Road, thence north-eastwards along that southern edge to the eastern boundary of No. 251 Manor Road, thence south-eastwards along that eastern boundary and in a straight line in continuation thereof to the northern boundary of the London county council’s Hainault estate, thence north-eastwards along that northern boundary to the western edge of the footway on the western side of Romford Road, and thence south-eastwards along that western edge to the point where it crosses the existing urban district boundary.

5E+WThe boundary between the London boroughs numbered 16 and 17 respectively in the said Part I in the existing borough of Barking shall be such as the Minister may by order determine on or near the general line of the River Roding and Barking Creek.

6E+WThe boundary between the London boroughs numbered 18 and 19 respectively in the said Part I in the existing urban district of Chislehurst and Sidcup shall be such as the Minister may by order determine on or near the general line of route A.20.

Part III E+W

1—8.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

SCHEDULE 2E+W . . . F2

Textual Amendments

Section 8

SCHEDULE 3E+W Parliamentary and Local Government Elections in and around Greater London

1—15.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

16E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

17—20.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

21E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

22—24.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

Part III E+W Modifications of Representation of the People Act 1949

25, 26.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

27E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

28—30.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

31—33.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

34E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

35E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

36E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

SCHEDULE 4E+W . . . F15

Textual Amendments

SCHEDULE 5E+W . . . F16

Textual Amendments

SCHEDULE 6E+W . . . F17

Textual Amendments

SCHEDULE 7E+W . . . F18

Textual Amendments

SCHEDULE 8E+W . . . F19

Textual Amendments

SCHEDULE 9E+W Modification and Re-enactment as from 1st April 1965 of Enactments Relating to Sewerage and Drainage

Part I E+W

1—4.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Textual Amendments

F20Sch. 9 Pt. I, Pt. II paras. 1–4, 7–10, 12–16, 19 and Pt. III paras. 4(3), 5, 7, 8, 10–12 repealed by Water Act 1973 (c. 37), Sch. 9

Part II E+WM1Specific modifications of Sewerage Provisions of Public Health Act 1936

Marginal Citations

1—4.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Textual Amendments

F21Sch. 9 Pt. I, Pt. II paras. 1–4, 7–10, 12–16, 19 and Pt. III paras. 4(3), 5, 7, 8, 10–12 repealed by Water Act 1973 (c. 37), Sch. 9

5E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Textual Amendments

6E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

Textual Amendments

7—10.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

Textual Amendments

F24Sch. 9 Pt. I, Pt. II paras. 1–4, 7–10, 12–16, 19 and Pt. III paras. 4(3), 5, 7, 8, 10–12 repealed by Water Act 1973 (c. 37), Sch. 9

F2511E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

12—16.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

Textual Amendments

F26Sch. 9 Pt. I, Pt. II paras. 1–4, 7–10, 12–16, 19 and Pt. III paras. 4(3), 5, 7, 8, 10–12 repealed by Water Act 1973 (c. 37), Sch. 9

F2717E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

18E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

Textual Amendments

19E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

Textual Amendments

F29Sch. 9 Pt. I, Pt. II paras. 1–4, 7–10, 12–16, 19 and Pt. III paras. 4(3), 5, 7, 8, 10–12 repealed by Water Act 1973 (c. 37), Sch. 9

Part III E+WF30 . . .

Textual Amendments

Construction, maintenance and operation of sewers, etc.E+W

F311E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F322E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F333E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 9 Pt. III para. 3: Sch. 9 Pt. III repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c 60, SIF 130), ss. 3(1), 4(2), Sch.3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)

F344E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F359E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

MiscellaneousE+W

F3816E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3917E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4018E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4119E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4220E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4321E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SCHEDULE 10E+W . . . F44

Textual Amendments

Section 40.

SCHEDULE 11E+W Modification and Re-enactment as from 1st April 1965 of Provisions of Public Health Acts

Part I E+W Modifications

Modifications etc. (not altering text)

General ModificationsE+W

1E+WSubject to the provisions of this Schedule, any reference in the enactments to which section 40 of this Act applies to the council of a county borough shall be construed as including a reference to the council of a London borough, the Common Council, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple.

2E+WSubject as aforesaid, and without prejudice to the foregoing paragraph, any reference in the said enactments to the district of a local authority or urban authority shall be construed as including a reference to a London borough, the City, the Inner Temple and the Middle Temple and any reference to a borough or urban district shall be construed as including a reference to the City, the Inner Temple and the Middle Temple.

3—10.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

Textual Amendments

M2The Public Health Act 1936E+W

Marginal Citations

11E+WSubject to the provisions of the Public Health Act 1936 . . . F46 and this Schedule, in any district in Greater London the duty imposed by section 1(1) of carrying the said Act of 1936 into execution shall, so far as relating to the enactments to which section 40 of this Act applies, be the duty of the local authority for that district.

Textual Amendments

12E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

Textual Amendments

13E+WSection 51 shall in its application to Greater London have effect as if any reference to a water closet included a reference to a urinal and as if that section required the occupier of every building in or in connection with which a urinal is provided to cause the urinal to be supplied with flushing apparatus.

14E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

Textual Amendments

15E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

Textual Amendments

16E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

Textual Amendments

17E+WByelaws made under section 81 with respect to Greater London may include provision for preventing the occurrence of nuisances from ice, salt, offal, carrion, fish or other matter as well as nuisance from the matters therein mentioned.

18(1)Byelaws made under section 82(1) with respect to Greater London may make the like provision for the removal or carriage by water of faecal or offensive or noxious matter or liquid as may be made with respect to the removal or carriage thereof through the streets and may provide that any receptacle or any ship or other vessel used for the purpose shall be properly constructed and covered so as to prevent the escape of any such matter or liquid and so as to prevent any nuisance arising therefrom.E+W

X1(2)In section 82(2) for the words from “a regulation” onwards there shall be substituted the words “an order under section 34 of the Road Traffic Act 1960 or section 10 (1) of the London Government Act 1963, and the order shall prevail”.

Editorial Information

X1The text of Sch. 11 Pt. I paras. 18(2), 27, 31, 33 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

19E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

Textual Amendments

20E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

Textual Amendments

21E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

Textual Amendments

22E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

Textual Amendments

23E+WIn section 266(1)(i) the references to a land drainage authority shall include references to the Greater London Council.

24E+WIn Part XII—

(a)any reference to the Public Health Act 1936 shall include a reference to section 41 of this Act and this Schedule;

(b)any reference to a council shall be construed as including a reference to the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple, except that any reference in any provision of Part XII to the clerk or any officer or authorised officer of the council shall, in relation to the Inner Temple or the Middle Temple, be construed as a reference to an officer authorised by the Sub-Treasurer or the Under-Treasurer, as the case may be, to act for the purposes of that provision;

(c)any reference to a local authority or the district of a local authority shall, so far as relating to any enactment under which the Greater London Council has functions, be construed as a reference to that Council or Greater London as the case may be.

25E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

Textual Amendments

M3The Water Act 1945E+W

Marginal Citations

26E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

Textual Amendments

F5727E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57Sch. 11 Pt. I para. 27 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3(1), 4|2), Sch.3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)

28E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

Textual Amendments

29E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

Textual Amendments

M4The Clean Air Act 1956E+W

Marginal Citations

30Any reference to building byelaws and building regulations shall, in relation to Greater London other than the outer London boroughs, be construed as a reference to byelaws made by the Greater London Council or the London county council under the M5London Building Act (Amendment) Act 1935.

Marginal Citations

31In section 10 (1), for the words “the administrative county of London” there shall be substituted the words “Greater London or in an outer London Borough”.

Modifications etc. (not altering text)

C2The text of Sch. 11 Pt. I paras. 18(2), 27, 31, 33 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

32E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

Textual Amendments

M6The Public Health Act 1961E+W

Marginal Citations

X233E+WIn section 2 (3) after the word “district” there shall be inserted the words “the Common Council, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple”.

Editorial Information

X2The text of Sch. 11 Pt. I paras. 18(2), 27, 31, 33 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

34—36.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

Textual Amendments

37E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

Textual Amendments

38E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

Textual Amendments

39E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

Textual Amendments

40E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

Textual Amendments

41E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

Textual Amendments

Part II E+W Provisions Reproduced from Enactments Relating to Public Health in London

Modifications etc. (not altering text)

1(1)Without prejudice to sections 259 and 262 of the M7Public Health Act 1936, but subject to the following provisions of this paragraph, if a local authority consider that in any premises a pond, pool, ditch, gutter or place containing, or used for the collection of, any drainage, filth, stagnant water or other matter is likely to be prejudicial to health or a nuisance, they may by notice require the owner or occupier of the premises to drain, cleanse, cover or fill up the pond, pool, ditch, gutter or place, or to construct a proper drain for the discharge of the matter, or to execute such other works as the circumstances may require.E+W

(2)The local authority may contribute towards the expenses incurred by any person in complying with a notice under this paragraph.

(3)Where any works required by a notice under this paragraph interfere with any right to the use of water, the local authority may, with the agreement of the person in whom the right is vested, acquire from him the right and any land for the benefit of which the right enures, instead of compensating him under section 278 of the Public Health Act 1936.

(4)The provisions of Part XII of the Public Health Act 1936 with respect to appeals against, and the enforcement of, notices requiring the execution of works shall apply in relation to any notice given under this paragraph.

Marginal Citations

2, 3.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

Textual Amendments

[F684E+WByelaws with respect to the construction and use of incinerators for the disposal of refuse in inner London boroughs and the City (being incinerators which are, or are in the nature of, buildings or structures or which form part of a building or structure) shall be made by the councils of those boroughs or the Common Council, as the case may be.

Textual Amendments

5E+WIt shall be the duty of each local authority to enforce in their district any byelaws under paragraphs 2 to 4 of this Part of this Schedule which are in force in their district.

Textual Amendments

6E+WThe council of any London borough and the Common Council may make byelaws with respect to the following operations, except when carried out by a local authority . . . F69 and except so far as byelaws with respect thereto may be made under section 72 or 82 of the M8Public Health Act 1936, that is to say—

(a)the removal of refuse from premises in the council’s area;

(b)the conveyance of refuse by rail, road or water from loading points in that area;

(c)the deposit of refuse in premises in that area pending its removal or disposal.

Textual Amendments

Marginal Citations

7E+WAny person who has in his possession or under his control any article of food which is unsound, unwholesome or unfit for human consumption may, by notice to the local authority, specifying and identifying the article, request its removal, and the local authority shall cause it to be removed as if it were trade refuse which they had undertaken to remove under section 73(1) of the Public Health Act 1936.

Textual Amendments

8E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

Textual Amendments

9(1)Where it appears to a local authority, being the council of a London borough or the Common Council, that any land within the area of the authority is by reason of its derelict, neglected or unsightly condition detrimental to the amenities of the neighbourhood, the authority may, after serving notice of their proposals on the owner and on the occupier of the land and subject to sub-paragraph (3) of this paragraph, execute such works and do such other things as the authority consider expedient for the purpose of restoring or improving and thereafter preserving the appearance of the land:E+W

Provided that the works and other things which may be required to be executed or done under this paragraph shall not include the erection or maintenance of any building or the doing of anything in or upon any building, but may include the erection or maintenance of a hoarding or fence.

(2)Any person served with a notice under the foregoing sub-paragraph may, if aggrieved by the proposal specified in the notice, appeal to a magistrates’ court within the period of twenty-eight days beginning with the date of the service of the notice.

(3)A local authority may proceed with the proposals specified in a notice under sub-paragraph (1) of this paragraph if but only if—

(a)none of the persons on whom the notice was served has, within the said period of twenty-eight days, taken steps to implement the proposals himself or instituted an appeal against the proposals to a magistrates’ court; or

(b)any such steps begun to be taken by any such person within that period are not completed within a reasonable time; or

(c)any appeal instituted within that period has been dismissed or abandoned or failed for want of prosecution.

(4)Any expenses incurred by the local authority in removing any materials from any land in exercise of the powers conferred on them by this paragraph and the cost of selling any materials so removed may be deducted by the authority from the proceeds which they are required by section 276 of the M9Public Health Act 1936 to pay to the person to whom the materials belonged.

(5)The foregoing provisions of this paragraph shall not be construed as prejudicing the powers exercisable by the Greater London Council under section 69 of the M10London Building Acts (Amendment) Act 1939, or by the council of an outer London borough under [F71section 79 of the Building Act 1984], or by the local planning authority under section 89 of the National Parks and Access to the M11Countryside Act 1949.

Textual Amendments

Marginal Citations

10E+WWithout prejudice to paragraph 24 of Part I of this Schedule, expressions used in this Part of this Schedule and the Public Health Act 1936 have the same meanings in this Part of this Schedule as in that Act.]

Textual Amendments

Section 52.

SCHEDULE 12E+W Licensing of Public Entertainments in Greater London on and after 1st April 1965

Modifications etc. (not altering text)

C4Sch. 12 extended by Greater London Council (General Powers) Act 1978 (c. xiii), s. 3

Sch. 12 modified (20.9.2000) by 2000 c. vii, ss. 1(1), 22, Sch. 1

Sch. 12: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Music and dancing licencesE+W

1(1)Subject to sub-paragraph (6) of this paragraph no [F72premises in a London borough or the City of London], whether or not licensed for the sale of intoxicating liquor, shall be used for any of the following purposes, that is to say, public dancing or music and any other public entertainment of the like kind, except under and in accordance with the terms of a licence granted under this paragraph by [F72the council of that borough or the Common Council, as the case may be, and that council or the Common Council is in this Schedule referred to as “the Council”].

(2)The Council may grant to any applicant therefor and from time to time renew a licence for the use of any premises specified therein for all or any of the purposes aforesaid on such terms and conditions and subject to such restrictions as may be so specified.

(3)Subject to the next following sub-paragraph and to paragraph 19(3) of this Schedule, a licence granted under this paragraph shall, unless previously cancelled under paragraph 8 or revoked under paragraph 10(4) of this Schedule, remain in force for one year or for such shorter period specified in the licence as the Council may think fit.

(4)The Council may grant a licence under this paragraph in respect of such one or more particular occasions only as may be specified in the licence, and a licence granted by virtue of this sub-paragraph is hereafter in this Schedule referred to as an “occasional music licence”.

(5)Where a licence has been granted under this paragraph to any person, the Council may, if they think fit, transfer that licence to any other person on the application of that other person or the holder of the licence.

(6)Sub-paragraph (1) of this paragraph shall not apply to the Theatre Royal Drury Lane, the Royal Covent Garden Opera House, the Theatre Royal Haymarket . . . F73 or to any entertainment lawfully held by virtue of letters patent or licence of the Crown . . . F74

[F75(7)In this paragraph “premises” includes any place.]

Textual Amendments

2(1)An applicant for the grant or transfer of a licence under paragraph 1 of this Schedule in respect of any premises shall give to the Council . . . F76 to the commissioner of police in whose district the premises are situated [F77and to the London Fire and Civil Defence Authority (in this Schedule referred to as “the fire authority”)] not less than twenty-one days’ notice of his intention to make the application and furnish such particulars and give such other notices as the Council may by regulations prescribe.

(2)An applicant for the renewal of a licence under the said paragraph 1 shall give to the Council [F78and the fire authority] twenty-eight days’ notice of his intention to make the application.

(3)In relation to an application for the grant, renewal or transfer of an occasional music licence, the two foregoing sub-paragraphs shall have effect as if for the reference to twenty-one or, as the case may be, twenty-eight days’ notice there were substituted a reference to fourteen days’ notice and as if the requirement as to notice to the commissioner of police were omitted.

Textual Amendments

Yn ddilys o 01/05/1998

[F792A(1)This paragraph applies where the Council by whom a licence was granted under paragraph 1 of this Schedule in respect of any premises receive a report from the commissioner of police in whose district the premises are situated—E+W

(a)stating that there is a serious problem relating to the supply or use of controlled drugs at the premises or at any premises nearby which are controlled by the holder of the licence; and

(b)giving reasons for his view that there is such a problem.

(2)An application for the renewal or transfer of the licence may be refused by the Council on the ground that they are satisfied that not renewing or transferring it will significantly assist in dealing with the problem.

(3)The Council shall give the reasons for their refusal of the application to—

(a)the holder of the licence; and

(b)in the case of an application for the transfer of the licence, the person to whom the licence would have been transferred if the application had been granted.

(4)A person to whom reasons are given may make representations to the Council; and the Council shall consider any representations within the period of twenty-one days beginning with the day on which they receive them.

(5)After considering any representations, the Council shall (unless the date of expiry of the licence has passed) either—

(a)confirm the refusal of the application; or

(b)grant the application.

(6)The Council shall have regard in exercising their functions under this paragraph to such guidance as may be issued by the Secretary of State.

(7)In this paragraph “premises” includes any place.]

Textual Amendments

3E+WThe person making an application for the grant, renewal or transfer of a licence under paragraph 1 of this Schedule shall (except where the licence is for an entertainment which in the opinion of the Council is of an educational or other like character or is given for a charitable or other like purpose) on making the application pay to the Council such fee as the Council may fix . . . F80

Textual Amendments

Indoor sports licencesE+W

[F813A(1)Subject to sub-paragraphs (2) and (3) below, no premises in a London borough or the City of London shall be used for any entertainment which consists of any sporting event to which the public are invited as spectators (a “sports entertainment”) except under and in accordance with the terms of a licence granted under this paragraph by the Council.

(2)Sub-paragraph (1) above does not require a licence in respect of any occasion when the sporting event which constitutes the entertainment is not the principal purpose for which the premises are used on that occasion; but this provision does not apply in relation to a sports complex.

(3)Sub-paragraph (1) above does not apply to a sports entertainment held in a pleasure fair.

(4)The Council may grant to any applicant, and from time to time renew, a licence for the use of any premises specified in it for any sports entertainment on such terms and conditions and subject to such restrictions as may be so specified.

(5)Subject to the next following sub-paragraph and to paragraph 19(3) of this Schedule, a licence granted under this paragraph shall, unless previously cancelled under paragraph 8 or revoked under paragraph 10(4) of this Schedule, remain in force for one year or for such shorter period specified in the licence as the Council think fit.

(6)The Council may grant a licence under this paragraph in respect of such one or more particular occasions only as may be specified in the licence, and a licence granted by virtue of this sub-paragraph is hereafter in this Schedule referred to as an “occasional sports licence”.

(7)Where a licence has been granted under this paragraph to any person the Council may if they think fit transfer that licence to any other person on the application of that other person or the holder of the licence.

(8)In this paragraph—

  • “premises” means any permanent or temporary building and any tent or inflatable structure and includes a part of a building where the building is a sports complex but does not include a part of any other building;

  • “sporting event” means any contest, exhibition or display of any sport;

  • “sports complex” means a building—

(a)which provides accommodation and facilities for both those engaging in sport and spectators, and

(b)the parts of which are so arranged that one or more sports can be engaged in simultaneously in different parts of the building; and

“sport” includes any game in which physical skill is the predominant factor and any form of physical recreation which is also engaged in for purposes of competition or display, except dancing (in any form).]

Textual Amendments

[F823B(1)An applicant for the grant, renewal or transfer of a licence under paragraph 3A of this Schedule other than an occasional sports licence shall give to the Council, to the commissioner of police in whose district the premises to which the application relates are situated and to the fire authority not less than twenty-one days’ notice of his intention to make the application.

(2)An applicant for the grant, renewal or transfer of an occasional sports licence shall give to the Council and the fire authority not less than fourteen days’ notice of his intention to make the application.]

Textual Amendments

[F833CE+WThe person making an application for the grant, renewal or transfer of a licence under paragraph 3A of this Schedule shall on making the application pay to the Council such fee as the Council may fix.]

Textual Amendments

Boxing and wrestling licencesE+W

4(1)This paragraph shall apply to any boxing or wrestling entertainment (that is to say, any public contest, exhibition or display of boxing or, as the case may be, wrestling) which is provided [F84wholly or mainly in the open air] in Greater London other than such an entertainment provided—E+W

(a)by a travelling showman at a pleasure fair;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85

(c)by members of the Boy Scouts’ Association or of any organisation constituted by the Boy Scouts’ Association in pursuance of their charter;

(d)by any school; or

(e)by a bona fide association, club, hospital or society not carried on for profit.

(2)A boxing or wrestling entertainment to which this paragraph applies shall not be given elsewhere than at premises licensed for the purpose in accordance with the provisions of this paragraph and in accordance with the terms of that licence.

(3)The Council may grant to any applicant therefor and from time to time renew a licence to use any premises specified therein for the purpose of a boxing or wrestling entertainment on such terms and conditions and subject to such restrictions as may be so specified.

(4)Subject to the next following sub-paragraph and to paragraph 19 (3) of this Schedule, a licence granted under this paragraph shall, unless previously cancelled under paragraph 8 or revoked under paragraph 10 (4) of this Schedule, remain in force for one year or for such shorter period specified in the licence as the Council may think fit.

(5)The Council may grant a licence under this paragraph in respect of such one or more particular occasions only as may be specified in the licence, and a licence granted by virtue of this sub-paragraph is hereafter in this Schedule referred to as an [F86“occasional outdoor boxing or wrestling licence”].

(6)Where a licence has been granted under this paragraph to any person, the Council may if they think fit transfer that licence to any other person on the application of that other person or the holder of the licence.

[F87(7)In this paragraph “premises” includes any place.]

Textual Amendments

5(1)An applicant for the grant, renewal or transfer of a licence under paragraph 4 of this Schedule other than an [F88occasional outdoor boxing or wrestling licence] shall give to the Council . . . F89 to the commissioner of police in whose district the premises to which the application relates are situated [F90and to the fire authority] not less than twenty-one days’ notice of his intention to make the application.

(2)An applicant for the grant, renewal or transfer of an [F88occasional outdoor boxing or wrestling licence] shall give to the Council [F91and the fire authority] not less than fourteen days’ notice of his intention to make the application.

Textual Amendments

6E+WThe person making an application for the grant, renewal or transfer of a licence under paragraph 4 of this Schedule shall on making the application pay to the Council such fee as the Council may fix . . . F92

Textual Amendments

[F936AE+WWhere, before the date of expiry of a licence granted under paragraph 1 [F94, 3A]] or 4 of this Schedule, an application has been made for the renewal of that licence, the licence shall be deemed to remain in force notwithstanding that the date of expiry of the licence has passed, until the determination of the application by the Council or until the withdrawal of the application.

Textual Amendments

[F956BE+WWhere, before the date of expiry of a licence granted under paragraph 1 [F96, 3A]] or 4 of this Schedule, an application has been made for the transfer of that licence, the licence shall be deemed to remain in force (with any necessary modifications) notwithstanding that the date of expiry of the licence has passed or that the applicant for such transfer is carrying on at the premises in respect of which the licence was granted the functions to which the licence relates, until the determination of the application by the Council or the withdrawal of the application.

Textual Amendments

Transmission and cancellation of licencesE+W

7E+WIn the event of the death of the holder of a licence granted under paragraph 1 [F97, 3A] or 4 of this Schedule, then, until a legal personal representative of the deceased holder has been duly constituted, the person carrying on at the premises in respect of which the licence was granted the functions to which the licence relates shall be deemed to be the holder of the licence unless and until it is transferred to some other person.

Textual Amendments

8E+WThe Council upon receiving from the holder of a licence under paragraph 1 [F98, 3A] or 4 of this Schedule which is for the time being in force a written request in that behalf accompanied by the licence may cancel the licence.

Textual Amendments

Power to impose general terms, conditions and restrictions by regulationsE+W

9(1)Subject to the provisions of this Schedule, the Council may make regulations prescribing generally the terms, conditions and restrictions on and subject to which licences under paragraph 1 [F99, 3A] or 4 of this Schedule may be granted, renewed or transferred and, where any such regulations are made, then, without prejudice to the power of the Council to grant a licence on any special terms or conditions or subject to any special restrictions, every such licence shall be deemed to be granted subject to the regulations.E+W

(2)Prima facie evidence of any regulations under this paragraph may be given in any legal proceedings by the production of a copy purporting to be certified as a true copy by the clerk to the Council or some other officer of the Council authorised to give a certificate for the purposes of this paragraph, and no proof shall be required of the handwriting or official position or authority of any person giving such a certificate.

Textual Amendments

Modifications etc. (not altering text)

C5Sch. 12 para. 9: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Enforcement of paragraphs 1 to 9E+W

Yn ddilys o 01/05/1998

[F1009A(1)This paragraph applies where the Council by whom a licence was granted under paragraph 1 of this Schedule in respect of any premises receive a report from the commissioner of police in whose district the premises are situated—E+W

(a)stating that there is a serious problem relating to the supply or use of controlled drugs at the premises or at any premises nearby which are controlled by the holder of the licence; and

(b)giving reasons for his view that there is such a problem.

(2)The Council may—

(a)revoke the licence; or

(b)impose terms, conditions or restrictions on or subject to which it is to be held,

on the ground that they are satisfied that to do so will significantly assist in dealing with the problem.

(3)The Council shall give the reasons for their revocation of the licence, or the imposition of the terms, conditions or restrictions, to the holder of the licence who may make representations to the Council; and the Council shall consider any representations within the period of twenty-one days beginning with the day on which they receive them.

(4)After considering any representations, the Council shall (unless the date of expiry of the licence has passed) either—

(a)confirm that the licence remains revoked or continues to have effect on or subject to the terms, conditions or restrictions which have been imposed; or

(b)reinstate the licence or determine that it has effect free of those terms, conditions or restrictions.

(5)The Council shall have regard in exercising their functions under this paragraph to such guidance as may be issued by the Secretary of State.

(6)In this paragraph “premises” includes any place.]

Textual Amendments

10(1)If at any premises any entertainment in respect of which a licence is required under paragraph 1 [F101, 3A] or 4 of this Schedule is provided without such a licence being held in respect thereof, then—

(a)any person concerned in the organisation or management of that entertainment; and

(b)any other person who, knowing or having reasonable cause to suspect that such an entertainment would be so provided at those premises—

(i)allowed the premises to be used for the provision of that entertainment; or

(ii)let the premises, or otherwise made the premises available, to any person by whom an offence in connection with the entertainment has been committed,

shall be guilty of an offence.

[F102(2)Subject to paragraph 11 of this Schedule, if—

(a)any person is the holder of a licence granted under the said paragraph 1 [F103, 3A] or 4, under section 21 (Licensing of public exhibitions, etc.) of the Greater London Council (General Powers) Act 1966 or under section 5 (Licensing of entertainments booking offices) of the Greater London Council (General Powers) Act 1978 in respect of any premises which have been used in contravention of any term, condition or restriction on or subject to which the licence is held; or

(b)any other person who, knowing or having reasonable cause to suspect that the premises would be so used—

(i)allowed the premises to be so used; or

(ii)let the premises, or otherwise made the premises available, to any person who so used the premises;

he shall be guilty of an offence in respect of the contravention of each such term, condition or restriction.]

[F104(3)Any person guilty of an offence under sub-paragraph (1) or (2) of this paragraph shall be liable on summary conviction

(a)in the case of an offence to which sub-paragraph (3A) of this paragraph applies, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding six months or to both;

(b)in any other case, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

(3A)This sub-paragraph applies to

(a)any offence under sub-paragraph (1) of this paragraph where the entertainment provided is entertainment in respect of which a licence is required under paragraph 1 of this Schedule; and

(b)any offence under sub-paragraph (2) of this paragraph where the licence held is a licence granted under that paragraph and the term, condition or restriction which is contravened imposes a limit on the number of persons who may be present at the entertainment,

but excluding (in each case) any offence which would not be an offence if section 3 of the M12Greater London Council (General Powers) Act 1978 (premises used for public entertainment consisting wholly or partly of human posing deemed to be premises used for public dancing) had not been enacted.]

(4)If the holder of a licence under the said paragraph 1 [F105, 3A] or 4 is convicted by virtue of sub-paragraph (2) (a) of this paragraph, then, subject to paragraph 19 of this Schedule, the Council may revoke the licence.

[F106(5)Where an offence under sub-paragraph (1) or (2) of this paragraph committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(6)Where the affairs of a body corporate are managed by its members, sub-paragraph (5) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.]

Textual Amendments

Marginal Citations

11E+WWhere, in the case of any premises in respect of which a licence under paragraph 1 of this Schedule is for the time being in force, a special order of exemption on any special occasion has been granted in respect of those premises under section 107 of the M13Licensing Act 1953, no person shall be guilty of an offence under paragraph 10 (2) of this Schedule by reason only of those premises being kept open on that special occasion for any of the purposes authorised by the licence after the latest hour so authorised by not later than the hour specified in that special order as the hour for closing.

Marginal Citations

Yn ddilys o 21/12/2002

[F10711A(1)Sub-paragraph (2) below applies where—E+W

(a)a licence under paragraph 1 of this Schedule is for the time being in force in respect of any premises, and

(b)the Special Occasions licensing hours are (subject to any Special Occasions restriction order) added to the permitted hours in the premises.

(2)No person shall be guilty of an offence under paragraph 10(2) of this Schedule by reason only of the premises being kept open on New Year’s Eve for any of the purposes authorised by the licence after the latest hour so authorised.

(3)For the purposes of paragraph (2) above, “New Year’s Eve”—

(a)does not include any time specified in a Special Occasions restriction order as not to be added to the permitted hours, but

(b)otherwise, includes any period immediately following New Year’s Eve during which the Special Occasions licensing hours continue.

(4)Where, by virtue of a Special Occasions restriction order, the permitted hours together with any of the Special Occasions licensing hours to be added to them end at different times in different parts of the premises, each part shall be treated as separate premises for the purposes of this paragraph.

(5)In this paragraph expressions used in the Regulatory Reform (Special Occasions Licensing) Order 2001 shall have the same meaning as in that Order.]

Textual Amendments

12(1)A police constable or any person appointed for the purpose by the Council [F108or the fire authority] may at all reasonable times enter any premises in respect of which a licence under paragraph 1 [F109, 3A] or 4 of this Schedule is for the time being in force at which he has reason to believe that an entertainment to which [F110any] of those paragraphs applies is being or is about to be given with a view to seeing whether the provisions of this Schedule applicable to that entertainment and the terms, conditions or restrictions on or subject to which the licence is held are complied with.E+W

(2)A police constable or any person appointed as aforesaid may, if authorised in that behalf by a warrant granted by a justice of the peace, enter any premises in respect of which he has reason to suspect that an offence under this Schedule is being committed.

(3)Any person who refuses to permit any such constable or person to enter or inspect any premises in accordance with the provisions of this paragraph shall for every such refusal be liable on summary conviction to a fine not exceeding [F111level 3 on the standard scale].

Textual Amendments

[F11212AE+WThe provisions of paragraphs 12B and 12C of this Schedule shall have effect in Greater London other than in the outer London boroughs.]

Textual Amendments

[F11312B(1)Subject to sub-paragraph (2) of this paragraph, the court by or before which a person is convicted of an offence under sub-paragraph (1) or (2) of paragraph 10 of this Schedule may order any thing produced to the court, and shown to the satisfaction of the court to relate to the offence, to be forfeited and dealt with in such manner as the court may order.E+W

(2)The court shall not order any thing to be forfeited under the foregoing sub-paragraph where a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.]

Textual Amendments

[F11412CE+WA constable or any person appointed for the purpose by the Council who enters any premises under the authority of a warrant granted under sub-paragraph (2) of paragraph 12 of this Schedule may seize and remove any apparatus or equipment or other thing whatsoever found on the premises which he has reasonable cause to believe may be liable to be forfeited under paragraph 12B of this Schedule.]

Textual Amendments

13—16.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115

Textual Amendments

Provisional grant of licencesE+W

17(1)Where application is made to the Council for the grant of a licence under . . . F116, . . . F117 paragraph 1 [F118, 3A] or 4 of this Schedule in respect of premises which are to be, or are in the course of being, constructed, extended or altered and the Council are satisfied that the premises would, if completed in accordance with plans deposited in accordance with the requirements of the Council, be such that the Council would grant the licence, the Council may grant the licence subject to a condition that it shall be of no effect until confirmed by the Council.E+W

(2)The Council shall confirm any licence granted by virtue of the foregoing sub-paragraph if and when they are satisfied that the premises have been completed in accordance with the plans aforesaid, or in accordance with those plans as modified with the approval of the Council, and that the licence is held by a fit and proper person.

Textual Amendments

Variation of licencesE+W

18E+WThe holder of a licence in respect of any premises—

(a)granted under paragraph 1 [F119, 3A] or 4 of this Schedule or,

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120

Textual Amendments

[F12118AE+WThe person making an application for the variation of a licence under paragraph 18 of this Schedule shall on making the application pay to the Council such reasonable fee as the Council may fix.]

Textual Amendments

AppealsE+W

19(1)Any of the following persons, that is to say—

(a)an applicant for—

(i)the grant, renewal or transfer of a licence in respect of any premises under paragraph 1 [F122, 3A] or 4 of this Schedule; or

(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123

(iii)the variation of the terms, conditions or restrictions on or subject to which any such licence as aforesaid is held,

whose application is refused;

(b)the holder of any such licence as aforesaid whose licence is revoked by the Council or who is aggrieved by any term, condition or restriction on or subject to which the licence is held,

may at any time before the expiration of the period of twenty-one days beginning with the date when he is notified of the refusal of his application or revocation of his licence, or when the term, condition or restriction becomes operative with respect to his licence, as the case may be, appeal to a magistrates’ court acting for the petty sessions area in which the premises are situated; and the court may make such order as it thinks fit and, subject to the next following sub-paragraph, that order shall be binding on the Council.

(2)Any person aggrieved by the order of a magistrates’ court on an appeal under the foregoing sub-paragraph may appeal therefrom to a court of quarter sessions.

(3)Where any such licence as aforesaid is revoked under paragraph 10 (4) or 16 (2) of this Schedule or an application for the renewal of a licence under the said paragraph 1 [F122, 3A] or 4 is refused, the licence shall be deemed to remain in force—

(a)during any period within which an appeal under this paragraph may be brought and, if such an appeal is brought within the relevant period, until the determination or abandonment of the appeal; and

(b)where such an appeal relating to such a refusal as aforesaid is successful and no further such appeal is available, until the licence is renewed by the Council.

(4)In the case of an appeal in relation to an application of which, in accordance with paragraph 2 (1) [F124, 3B(1)] or 5 (1) of this Schedule, notice was required to be given to a commissioner of police, notice of that appeal shall be given to that commissioner as well as to any other person to whom it is required to be given apart from this sub-paragraph.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F125

Textual Amendments

Modifications etc. (not altering text)

C6Sch. 12 para. 19(2) amended with the substitution of a reference to the Crown Court for the reference to a court of quarter sessions by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I

Yn ddilys o 01/05/1998

[F126Interpretation]E+W

Textual Amendments

F126Cross-heading for Sch. 12 para. 19A inserted (1.5.1998) by 1997 c. 49, s. 2(7); S.I. 1998/1009, art. 2 (with art. 3)

[F12719AE+WIn this Schedule “controlled drugs” has the same meaning as in the M14Misuse of Drugs Act 1971.]

Textual Amendments

Marginal Citations

Yn ddilys o 01/05/1998

E+W

20E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F128

Textual Amendments

SCHEDULE 13E+W

PART I E+W

1E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129

Textual Amendments

Part II E+W

2—5.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130

Textual Amendments

Part III E+W

6E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F131

Textual Amendments

Section 62.

SCHEDULE 14E+W Functions as from 1st April 1965 with respect to Land Drainage, Flood Prevention, etc.

1—9.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F132

Textual Amendments

F13310E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

11—16.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F134

Textual Amendments

Sections 44 and 63.

SCHEDULE 15E+W Modifications as from 1st April 1965 of Rating and Valuation Enactments

Part I E+W The M15Rating and Valuation Act 1925

Marginal Citations

1—4.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135

Textual Amendments

5(1)Section 9 (1) shall not apply to Greater London.E+W

(2)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F136

Textual Amendments

6E+WSection 10 (1) and (2) shall not apply to the City or the Temples.

7—9.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137

Textual Amendments

10E+WSection 54 (1) shall not apply to the City or the Temples, but—

(a)the accounts of the Common Council so far as they relate to the poor rate levied in the City; and

(b)the accounts of the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple so far as they relate to any rate in the nature of a general rate levied in the Inner Temple or the Middle Temple, as the case may be,

shall be subject to audit by a district auditor under Part X of the M16Local Government Act 1933.

Marginal Citations

11—13.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F138

Textual Amendments

Part II E+W

14, 15.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F139

Textual Amendments

F139Sch. 15 Pt. II and Pt. III paras. 16, 17 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

Part III E+W

16, 17.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F140

Textual Amendments

F140Sch. 15 Pt. II and Pt. III paras. 16, 17 repealed by General Rate Act 1967 (c. 9), Sch. 14 Pt. I

X318E+WIn section, 117 (8) of the Local Government Act 1929, for the words from “county borough” onwards there shall be substituted the words “rating area in which that parish or other area is situated, to be credited to that parish or other area”.

Editorial Information

X3The text of Sch. 15 Pt. III paras. 18, 21 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

19, 20.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F141

Textual Amendments

X421E+WIn section 144(1) of the said Act of 1948, in the definition of “local authority”, for the words “metropolitan borough” there shall be substituted the words “London borough”.

Editorial Information

X4The text of Sch. 15 Pt. III paras. 18, 21 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

22—26.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F142

Textual Amendments

SCHEDULE 16E+W . . . F143

Textual Amendments

SCHEDULE 17E+W Miscellaneous Modifications of Enactments as from 1st April 1965

X51In the Highways and Locomotives (Amendment) Act 1878, in section 26, for the words from the beginning to “and” where first occurring there shall be substituted the words “The council of a county or county borough may, with respect to all or any of the highways in their county or borough, and the Greater London Council, the council of a London borough or the Common Council of the City of London may, with respect to all or any of the high-ways for which they are the highway authority, make and”.

Editorial Information

X5The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

2E+WThe M17Local Government Act 1888 shall have effect subject to the following modifications, that is to say—

(a)section 20(3) shall apply—

(i)to the Greater London Council and Greater London; and

(ii)to the council of a London borough and their borough; and

(iii)to the Common Council and [F144the City and the Temples],

as it applies to a county council and their county; and any sums received by the Greater London Council by virtue of an Order under section 20 (3) by way of the proceeds of local taxation licence duties shall be applicable to general London purposes;

(b)any powers, duties or liabilities within the City which immediately before 1st April 1965 were by virtue of section 41 (1)(b) powers, duties or liabilities of the London county council shall become powers, duties or liabilities of the Common Council.

Textual Amendments

F144Words substituted by S.I. 1971/1732

Marginal Citations

3E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F145

Textual Amendments

X64E+WIn the Canals Protection (London) Act 1898, in section 7, for the words “the administrative county of London” there shall be substituted the words “Greater London”.

Editorial Information

X6The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

5E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F146

Textual Amendments

X76E+WIn the Local Government Act 1929, in section 115 (7)—

(a)for the words “the county of London” there shall be substituted the words “Greater London”;

(b)for the words “metropolitan borough” in both places where “they” occur there shall be substituted the words “London borough”.

Editorial Information

X7The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

7E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F147

Textual Amendments

8E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148

Textual Amendments

X89E+WIn the Civic Restaurants Act 1947—

(a)for section I (1) (a) there shall be substituted—

“(a)in Greater London, the council of a London borough or the Common Council of the City of London;”

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F149

Editorial Information

X8The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

X910E+WIn section I (1) of the Prevention of Damage by Pests Act 1949—

(a)for the words “metropolitan boroughs” there shall be substituted the words “London boroughs”;

(b)in paragraph (b) of the proviso, after the word “county” there shall be inserted the words “or in the Greater London Council”.

Editorial Information

X9The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X1011In the Rag Flock and Other Filling Materials Act 1951, in section 35, for the definition of “local authority” there shall be substituted the following— “ “local authority” means the council of a borough or of an urban or rural district or the Common Council of the City of London ”.

Editorial Information

X10The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

12E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F150

Textual Amendments

13E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F151

Textual Amendments

14E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F152

Textual Amendments

X1115In the Auxiliary Forces Act 1953, in paragraph 1 (f) of Schedule 1—

(a)sub-paragraph (i) from “including” onwards and sub-paragraph (ii) from “or, if” onwards shall be omitted;

(b)after sub-paragraph (v) there shall be inserted—

“(vi)if that area consists of or comprises the whole or any part of Greater London, a London borough or the City of London, of representatives of the Greater London Council and of the council of that borough or the Common Council, as the case may be, and, if that area consists of or comprises the whole or any part of the Inner London Education Area, of a representative of the Inner London Education Authonty in addition to representatives of the Greater London Council.”

Editorial Information

X11The text of Sch. 17 paras. 1, 4, 6, 9(a), 10, 11, and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

16E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F153

Textual Amendments

17E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F154

Textual Amendments

18(a),(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F155E+W

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F156

Textual Amendments

19E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F157

Textual Amendments

20E+WIn the M18Town and Country Planning Act 1959—

(a)the Greater London Council and the London borough councils shall be included among the authorities to whom Part II of that Act applies;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F158

Textual Amendments

Marginal Citations

21(1)In the M19Caravan Sites and Control of Development Act 1960—

(a)Part I shall extend to the whole of Greater London;

X12(b)in section 29 (1), in the definition of “local authority”, after the word “district” there shall be inserted the words “the Common Council of the City of London”.

(2)Subject to sub-paragraphs (3) and (4) of this paragraph, where in the case of any land in the area of the existing county of London a licence granted with or without conditions under section 22 of the M20London County Council (General Powers) Act 1959 was in force in relation to that land immediately before 1st April 1965, then—

(a)until the expiration of the period of two months beginning with the date when that licence would have expired if this Act had not been passed, and

(b)if by the expiration of that period the occupier of that land has duly made an application for a site licence in respect of that land under the said Part I, but that site licence has not yet been issued, until the date when such a site licence is first issued in respect of that land,

the licence under the said section 22 shall be deemed to be a site licence under the said Part I granted for an unlimited period, but subject to the same conditions (if any) as the licence under the said section 22, by the council of the London borough in which that land is situated.

(3)Where in the case of any such land as aforesaid no occupier thereof at any time since the grant of the licence under the said section 22 has been entitled to the benefit of a permission for the use of the land as a caravan site granted under Part III of the M21Town and Country Planning Act of 1947 M22 or of 1962 otherwise than by a development order, paragraph (b) of the last foregoing sub-paragraph shall not apply to that land but—

(a)if before the expiration of the period referred to in paragraph (a) of that sub-paragraph the occupier of the land duly makes an application for a site licence in respect of that land under the said Part I, then, so long as the conditions, if any, attached to the licence under the said section 22 are complied with, no offence shall be committed under section 1 of the said Act of 1960 in respect of the land at any time after the expiration of that period and before such a licence is first issued in respect of the land; and

(b)section 17 of the said Act of 1960 shall apply to that land as if the land were an existing site within the meaning of that Act and as if any reference in that section to the commencement of that Act were a reference to the date referred to in the said paragraph (a).

(4)Where in the case of any such land as aforesaid such permission as aforesaid for the use of that land as a caravan site has been granted in terms such that it will expire at the end of a specified period, nothing in sub-paragraph (2) of this paragraph shall cause any licence in respect of that land under the said section 22 to continue in force after the end of that period.

(5)In this paragraph, the expressions “caravan site” and “occupier” have the meanings respectively assigned by section 1 of the said Act of 1960.

Editorial Information

X12The text of Sch. 17 paras. 21(b), 22, 25, 27(b) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

X1322In the Factories Act 1961—

(a)in section 42(4), for the words “outside London” there shall be substituted the words “outside Greater London or in any outer London borough”;

(b)in section 46(7), for the words “the Administrative County of London” there shall be substituted the words “Greater London other than the outer London boroughs” and for the words “London County Council” there shall be sub-stituted the words “Greater London Council”.

Editorial Information

X13The text of Sch. 17 paras. 21(b), 22, 25, 27(b) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

23E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F159

Textual Amendments

24E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F160

Textual Amendments

X1425E+WIn the Trustee Investments Act 1961—,

(a)in section 11(4)(a), after the word “London” there shall be inserted the words “the Greater London Council” ; and

(b)in paragraph 4 of Part IV of Schedule 1, in the definition of “local authority”, after the word “London” there shall be inserted the words “the Greater London Council”.

Editorial Information

X14The text of Sch. 17 paras. 21(b), 22, 25, 27(b) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

26In the M23Transport Act 1962—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F161

(b)in section 87, any reference to the administrative county of London shall be construed as a reference to Greater London other than the outer London boroughs, and in subsection (1) thereof, except in relation to proposals submitted thereunder to the Minister before 1st April 1965, the reference to the London county council shall be construed as a reference to the Greater London Council;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F161

Textual Amendments

Marginal Citations

27E+WIn the Local Government (Records) Act 1962—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F162

X15(b)in section 8 (1), in the definition of “local authority”, for the words “metropolitan borough” there shall be substituted the words “London borough” and after the words “county district” there shall be inserted the words “or the Greater London Council”.

Editorial Information

X15The text of Sch. 17 paras. 21(b), 22, 25, 27(b) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

28E+WIn the Betting, Gaming and Lotteries Act 1963—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F163

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F164

(c)in paragraph 2 of Schedule 1, paragraphs . . . F165 6 of Schedule 3, paragraph 9(a) of Schedule 6, and paragraph 1 (2) (a) of Schedule 7, for the words “metropolitan borough” wherever these words occur there shall be substituted the words “London Borough”.

Textual Amendments

29E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F166

Textual Amendments

SCHEDULE 18E+W . . . F167

Textual Amendments

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