Local Law (South West London Boroughs) Order 1965
| Jurisdiction | UK Non-devolved |
| Citation | SI 1965/532 |
| Year | 1965 |
1965 No. 532
LONDON GOVERNMENT
The Local Law (South West London Boroughs) Order 196519thMarch 1965
29thMarch 1965
1stApril 1965
The Minister of Housing and Local Government, in exercise of his powers under section 84, as extended by section 87(2), of the London Government Act 1963(a) and of all other powers enabling him in that behalf, hereby makes the following order:—
1. This order may be cited as the Local Law (South West London Boroughs) Order 1965 and shall come into operation on 1st April 1965.
2.—(1) The Interpretation Act 1889(b) applies to the interpretation of this order as it applies to the interpretation of an Act of Parliament.
(2) In this order, except where the context otherwise requires, the following expressions shall have the following meanings respectively, that is to say—
"existing" in relation to an area, authority or body means that area, authority or body as it existed immediately before the passing of the London Government Act 1963;
"functions" includes powers and duties;
"schedule" means a schedule to this order; and
"south west London borough" means the London borough of Croydon, Kingston upon Thames, Merton or Sutton, and "south west London boroughs" shall be construed accordingly.
(3) In any enactment specified in a schedule, unless the context otherwise requires, references to any 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 Schedule 2 or 3 to an enactment is a reference to that enactment as it would have effect on and after 1st April 1965 apart from those schedules.
3. In the south west London boroughs the enactments specified in Schedule 1 shall not apply, notwithstanding the provisions of section 87(1) of the London Government Act 1963, to the area, things or persons to which or to whom they apply before 1st April 1965.
4.—(1) The enactments as to which provision is made in Part I of Schedule
(a) 1963 c. 33.
(b) 52 & 53 Vict. c. 63.
2, being enactments which, save as otherwise expressly provided in the said Part, apply to the south west London boroughs by virtue of article 5(1) of this order, shall have effect subject to the provisions of that Part.
(2) The enactments as to which provision is made in Part II of Schedule 2, being enactments which apply to the south west London borough mentioned in relation thereto by virtue of article 5(2) of this order, shall have effect subject to the provisions of that Part.
5.—(1) Save as otherwise expressly provided in Part I of Schedule 2 the enactments specified in Part I of Schedule 3 shall apply to the south west London boroughs and shall have effect in such application subject to the substitution for any reference to an area, authority or body described in the first column of the Table set out in this article of a reference to the area, authority or body described in respect thereof in the second column.
(2) Save as otherwise expressly provided in Part II of Schedule 2 the enactments specified in Part II of Schedule 3 shall apply to the south west London borough mentioned in relation thereto and shall have effect in such application subject to the substitution for any reference to an area, authority or body described in the first column of the Table set out in this article of a reference to the area, authority or body described in respect thereof in the second column.
(3) Unless the context otherwise requires any functions exercisable in an area mentioned in the first column of the Table set out in this article shall be exercisable throughout the area mentioned in respect thereof in the second column.
TABLE
Existing area, authority or body Substituted area, authority or body
The county of Surrey. The south west London boroughs
The Surrey County Council. The council of a south west London
borough
An existing borough or urban district the The south west London borough which
area of which is comprised in a south comprises the said area
west London borough
The council or corporation of such a The council or corporation as the case
borough. may be of the said London borough
The council of such an urban district. The council or corporation of the said
London borough as may be appro-
priate.
A gas company or undertaking. The Area Board within the meaning of
the Gas Act 1948(a) for the supply
of gas to the area.
An electricity company or undertaking. An Electricity Board within the meaning
of the Electricity Act 1947(b) as
amended by the Electricity Act 1957
(c).
A company or undertaking supplying A company or undertaking supplying
water in an existing area. water in the substituted area.
(a) 11 & 12 Geo. 6. c. 67.
(c) 5 & 6 Eliz. 2. c. 48.
Existing area, authority or body Substituted area, authority or body
A railway company or undertaking; or the The appropriate Board to or in whom
London Passenger Transport Board or the property, rights, liabilities and
any company or undertaking which was functions of the British Transport
or whose functions were transferred to Commission are transferred or vested
or vested in that Board by the London by or under the Transport Act 1962(b).
Passenger Transport Act 1933(a); or the
British Transport Commission or any
company or undertaking other than the
London Passenger Transport Board
which was or whose functions were
transferred to or vested in the British
Transport Commission by or under the
Transport Act 1947(c).
A company whose undertaking was The Port of London Authority.
transferred to or vested in the Port of
London Authority by the PPort of
London Act 1908(d); or the Conser-
vators of the River Thames in respect
of the River Thames below the landward
limit of the Port of London.
6.—(1) The enactments specified in Part I of Schedule 4 are hereby repealed to the extent mentioned in the third column of that Part.
(2) The enactments specified in Part II of Schedule 4 are hereby repealed to the extent mentioned in the third column of that Part so far as they relate to a south west London borough.
7. The instruments specified in Schedule 5 are hereby revoked to the extent mentioned in the third column of that schedule.
8. Any byelaws made before 1st April 1965 under an enactment specified in Schedule 2 or 3 and in force in an area comprised in a south west London borough shall continue to have effect in such area as if made by the authority substituted in references by that schedule and by article 5 of this order and references in such byelaws to any authority shall in such application be construed as references to the authority so substituted.
Article 3
SCHEDULE 1
Enactments ceasing to apply in the south west London boroughs
1. The Surrey County Council Act 1925(e) other than the following sections—
Sections 4 to 8
Sections 10 to 12
Section 19
(d) 8 Edw. 7. c. 68.
(e) 15 & 16 Geo. 5. c. cxv.
Sections 22 and 23
Section 27
Sections 31 and 32
Sections 34 to 39
Section 99
Section 105
2. The Surrey County Council Act 1931(a) other than the following sections—
Section 4
Section 16
Sections 18 to 20
Sections 22 to 25
Sections 28 to 30
Sections 50 to 52
Section 55
Sections 57 to 63
Section 86
Section 91
Section 94
Sections 98 and 99
Sections 162 to 165
Section 168
Section 170
Section 174
3. The Surrey County Council Act 1936(b) other than the following sections—
Sections 4 to 7
Sections 31 to 33
Section 35
Section 39 other than paragraphs (2) to (4)
Section 40
Section 45
Section 47
Section 87
Section 97
Section 100
Section 102
Section 111
Section 123
Section 129
Sections 134 to 137
Sections 139 and 140
4. The Surrey County Council Act 1938(c)
(a) 21 & 22 Geo. 5. c. ci.
(b) 26 Geo. 5 & 1 Edw. 8. c. cxxx.
(c) 1 & 2 Geo. 6. c. lx.
5. The Surrey County Council Act 1958(a) other than the following provisions—
Sections 4 to 7
Section 22
Sections 25 to 31
Section 33
Sections 37 and 38
Section 44
Section 51
Sections 57 to 67
Sections 69 and 70
Schedule 2
Article 4(1)
SCHEDULE 2
Modification of Enactments
Part I
Enactments applying to the south west London boroughs
1. In the Surrey County Council Act 1931—
(a) in section 4, for the definition of "The Minister" there shall be substituted—
""The Minister" means the Minister of Housing and Local Government except where some other Minister is expressly mentioned;";
(b) nothing in Part IV, sections 50 to 52, Part VII or section 91 shall apply to the area which immediately before 1st April 1965 was comprised in the county borough of Croydon;
(c) in section 19(1), in paragraph (b), for the words "technical qualifications" there shall be substituted the words "qualifications and experience";
(d) in section 20(1), in the second proviso, in paragraph (e), for the words "technical qualifications" there shall be substituted the words "qualifications or experience";
(e) for section 22(2) there shall be substituted—
"(2) The provisions of sections 250 to 252 of the Local Government Act 1933(b) shall apply to all byelaws made under this section.";
(f) at the end of the said section 22 there shall be added—
"(5) Any byelaws made before 1st April 1965 by the Council under this section shall cease to have effect so far as they relate to the technical qualifications to be possessed by persons administering massage or special treatment in establishments licensed under this Part of this Act.";
(g) in section 25, for the words "Companies Act 1929(c)" there shall be substituted the words "Companies Act 1948(d)";
(a) 6 & 7 Eliz. 2. c. xlii.
(h) in section 29, for paragraph (c) there shall be substituted—
"(c) any nursing home which is for the time being registered under Part VI of the Public Health Act 1936(a); or";
(i) in section 57—
(i) in subsection (1), in the proviso, for the words "two hundred yards" there shall be...
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