London Government (Grants and Rates, etc.) Order 1965
| Jurisdiction | UK Non-devolved |
| Citation | SI 1965/97 |
| Year | 1965 |
1965 No. 97
LONDON GOVERNMENT
The London Government (Grants and Rates, etc.) Order 196526thJanuary 1965
29thJanuary 1965
30thJanuary 1965
The Minister of Housing and Local Government, in exercise of his powers under sections 84 and 90 of the London Government Act 1963(a) and of all other powers enabling him in that behalf, hereby makes the following order:—
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(b) 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(c) made by article 13.
(a) 1963 c. 33.
(b) 52 & 53 Vict. c. 63.
(c) S.I. 1959/258 (1959 II, p. 2288).
(3) In this order, 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 this order to a numbered article shall, unless the reference is to an article of a specified order, be construed as a reference to 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 any expenditure in relation thereto, by, or in relation to, the Greater London Council, a London borough council or the Common Council to ensure their 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 a 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 on 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(a) 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(b)—
(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
(a) 6 & 7 Eliz. 2. c. 55.
(b) S.I. 1959/447 (1959 I, p. 1574).
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(a), in regulation 5, for "county council and county borough council", there shall be substituted "recipient authority".
(3) In the General Grant (Calculation) Regulations 1958(b)—
(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...
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