London Government Reorganisation (Hampstead Heath) Order 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/304 |
1989No. 304
LONDON GOVERNMENT
The London Government Reorganisation (Hampstead Heath) Order
1989
2ndMarch1989
9thMarch1989
30thMarch1989
Whereas the London Residuary Body, acting pursuant to section 67(1)(a) of the Local Government Act 1985 ( a) has submitted proposals to the Secretary of State for the transfer of certain of its functions, property, rights and liabilities, and he has decided to give effect to those proposals with modifications:
Now, therefore, the Secretary of State for the Environment, in exercise of the powers conferred on him by sections 67(3) and 100(2) to (4) of that Act, and of all other powers enabling him in that behalf, hereby makes the following Order:-
PART I
Citation and commencement
1. This Order may be cited as the London Government Reorganisation (Hampstead Heath) Order 1989 and shall come into force on 30th March 1989.
Interpretation
2. In this Order-
"the 1972 Act" means the Local Government Act 1972 ( b) ;
"the 1986 Order" means the Local Government Reorganisation (Property, etc.) Order 1986 ( c) ;
(a) 1985 c.51.
(b) 1972 c.70.
(c) S.I. 1986/148, to which there is an amendment not relevant to this Order.
"the City" means the Common Council of the City of London and, in relation to the vesting of property, means the Mayor and Commonalty and Citizens of the City of London acting by the Common Council; and for the purposes of this definition references to the Common Council are references to that body in a capacity other than as local authority, police authority or port health authority;
"Council member" means a member of the Common Council of the City of London;
"the Heath lands" means-
(a) the land which vested in the Residuary Body by virtue of article 13(3) of the 1986 Order; and(b) any land acquired by that Body after 1st April 1986 and held by that Body immediately before the transfer date for the purposes of the better management of the land mentioned in sub-paragraph (a) or by way of an addition to that land;"the Kenwood lands" means such land adjacent to Kenwood House as is specified in article 13(1) of the 1986 Order;
"the Residuary Body" means the London Residuary Body;
"the transfer date" means 31st March 1989.
PART II
Transfer of the Heath lands
3. On the transfer date there shall vest in the City all interests of the Residuary Body in the Heath lands.
Transfer of rights and liabilities
4. On the transfer date there shall vest in the City all rights and liabilities of the Residuary Body-
(a) relating to or connected with the Heath lands; or(b) attributable to any notice served by that Body on the council of the London Borough of Camden pursuant to article 21(2) of the 1986 Order in connection with that Body's functions in respect of the Heath lands.Functions of the City
5.-(1) Subject to paragraph (2), the functions that were exercisable by the Greater London Council immediately before 1st April 1986 in respect of, or in connection with, such part of the Heath lands as was vested by the 1986 Order, shall be exercisable by the City on and after the transfer date in respect of, or in connection with, all the Heath lands.
(2) The City shall not exercise any power to dispose of land as respects any part of the Heath lands.
(3) Without prejudice to the generality of paragraph (1), the functions exercisable by the City by virtue of that paragraph include functions under-
(a) the Hampstead Heath Act 1871 ( a) ;(b) the Hampstead Heath Enlargement Acts 1886 and 1888 ( b) ;(c) section 28 of the London County Council (General Powers) Act 1899 ( c) ;(d) sections 27 and 28 of the London County Council (General Powers) Act 1905 ( d) ;(e) the Open Spaces Act 1906 ( e) ;(f) the Greater London Parks and Open Spaces Order 1967 ( f);(g) section 120 of the 1972 Act (acquisition of land by agreement);(h) section 145 of the 1972 Act (provision of entertainments); and(i) section 19 of the Local Government (Miscellaneous Provisions) Act 1976 ( g) (recreational facilities).(4) the purpose of giving effect to paragraph (1)-
(a) references in the provisions mentioned in paragraph (3)(a) to (f) to any authority shall, where appropriate, be deemed to include references to the City;(b) without prejudice to section 32 of the Local Government (Miscellaneous Provisions) Act 1976 (power of local authorities to execute works outside their areas), the Heath lands shall be deemed to be land within the City of London for the purposes of the provisions mentioned in paragraph (3)(a) to (d); and(c) the City shall be treated as a principal council for the purposes of section 120 of the 1972 Act.(5) Any function exercisable by the City otherwise than by virtue of this Order shall not be exercised in respect of, or in connection with, the Heath lands.
PART III
Financial arrangements
6.-(1) Immediately before the transfer date the Residuary Body shall set aside from the reserved amount of their direct capital receipts the sum of £19.067 millions.
(2) On the transfer date, the Residuary Body shall pay that sum to the City; and the City shall credit-
(a) 1871 c. lxxvii (34 and 35 Vict.); repealed in part by the Local Law (Greater London Council and Inner London Boroughs) Order 1965 (S.I. 1965/540), article 5.
(b) 1886 c. xli and 1888, c. cli; both repealed in part by S.I. 1965/540, article 5.
(c) 1899 c. ccxxxvii; section 28(1) was repealed by article 5 of S.I. 1965/540. References to the London County Council were replaced by references to the Greater London Council by virtue of article 4 of S.I. 1965/540.
(d) 1905 c.ccvi; references in section 27 to the London County Council were replaced by references to the Greater London Council by virtue of article 4 of S.I. 1965/540.
(e) 1906 c.25; applied (with the exception of section 14) to the Greater London Council by section 58(1) of the London Government Act 1963 (c.33).
(f) See 1967 c.xxix.
(g) 1976 c.57.
(a) the sum of £15 millions to the Hampstead Heath Trust Fund ( "the Trust Fund") which, subject to article 7, shall be applied for defraying expenditure on the management and...To continue reading
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