Land Drainage Act 1976

Functions of the Greater London Council with respect to the metropolitan watercourses E+W

4 (1) Subject to paragraph 6 below, and to any provision made by an order under section 84 or 87 of the M1 London Government Act 1963— E+W

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(b) the local enactments relating to so much of the tidal Thames as lies within the former county of London shall apply to the whole of the tidal Thames (as defined for the purposes of this Schedule), and in those enactments references to, or which are to be taken as references to, the county of London shall be construed as references to the London excluded area;

(c) no functions relating to the drainage of land, flood prevention and the like matters shall (subject to paragraph 6 below) be exercisable with respect to the tidal Thames by any authority under any local statutory provisions other than the enactments mentioned in sub-paragraph (b) above.

(2) In sub-paragraph (1)(c) above “local statutory provisions” means provisions of a local Act (including an Act confirming a provisional order) or provisions of a public general Act passed with respect only to the whole or part of the former county of London or provisions of an instrument made under any such local or public general Act or of an instrument in the nature of a local enactment made under any other Act.

Textual Amendments

F1 Sch. 5 para. 4(1)(a) repealed (and functions of Greater London Council transferred) by S.I. 1986/208, arts. 3, 5(3), Sch. 2

Marginal Citations

M1 1963 c. 33.

5 E+W Subject to section 21 of the M2 Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 [F2 the power of the Thames Water Authority] under the said Act of 1879 and the other enactments relating to the tidal Thames to approve, require the execution of and execute flood works for the protection of land from flooding by the river Thames in the London excluded area shall be exercisable by them for the protection of land from flooding by such of the river’s associated watercourses as immediately before 1st April 1974 lay within the flow and re-flow of its tides in the Lee catchment area.

Textual Amendments

F2 Words substituted by S.I. 1986/208, art. 5(1), Sch. 1 Pt. II para. 6(1)

Modifications etc. (not altering text)

C1 Functions of Greater London Council transferred by S.I. 1986/208 art. 3

Marginal Citations

M2 1879 c. cxcviii.

6 E+W Paragraph 4 . . . F3 (b) above and so much of paragraph 2 above as relates to paragraph 4 . . . F3 (b) above shall not be construed as extending or restricting the application of any of the local enactments relating to the tidal Thames to property for the time being held for the purposes of their undertaking by the Port of London Authority or as extending or restricting the functions of that Authority.

Textual Amendments

F3 Words repealed by S.I. 1986/208, art. 5(3), Sch. 2