Office of Public Sector Information

88 General provision as to inquiries

(1)Any Minister may cause a local inquiry to be held for the purpose of any of his functions under this Act in any case where there is no duty and no power apart from this section to hold an inquiry.

(2)Section 290 (2) to (5) of the M1Local Government Act 1933 (which subsections relate to the giving of evidence at inquiries and the payment of costs) shall apply to any local inquiry caused to be held for the purposes of this Act by any Minister as if that Minister were a department for the purposes of that section, but shall not apply to any such inquiry so far as some other provision with respect to the subject-matter of those subsections is applicable to that inquiry by virtue of any other enactment.

89 Interpretation

(1)In this Act, except where the context otherwise requires, the following expressions have the following meanings respectively, that is to say—

• “appropriate Minister”, in relation to the making of an order or regulation with respect to any matter, means the Minister in charge of any government department concerned with that matter; but the validity of any order or regulation purporting to be made by any Minister by virtue of a power conferred on the appropriate Minister by this Act shall not be affected by any question as to whether or not that Minister was the appropriate Minister for the purpose;

• “the City” means the City of London;

• “the Common Council” means the Common Council of the City of London;

• “county” means an administrative county;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

• “existing” in relation to a local government area or authority, means that area or authority as it existed immediately before the passing of this Act;

• “functions” includes powers and duties;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

• “land” includes land covered by water and any interest or right in, to or over land;

• “local statutory provision” means a provision of a local Act (including an Act confirming a provisional order) or a provision of a public general Act passed with respect only to the whole or part of the existing county of London or a provision 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;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

• “Minister” includes the Board of Trade;

• “the Minister” means the Minister of Housing and Local Government;

• “Port of London” means the port of that name established for the purposes of the enactments relating to customs or excise [F4together with all such waters between the seaward limit of the port as so established and imaginary straight lines drawn from latitude 51° 37’ 00” north, longitude 00° 57’ 19” east (Foulness Point in the county of Essex) to latitude 51° 46’ 05” north, longitude 01° 20’ 32” east (Gunfleet Old Lighthouse) and thence to latitude 51° 26’ 36” north, longitude 01° 25’ 30” east and thence to latitude 51° 24’ 55” north, longitude 00° 54’ 21” east (Warden Point in the county of Kent) as are for the time being within the territorial waters of Her Majesty’s dominions.]

• “relevant year of election” means the first year of election occurring after the first Order in Council is made after the passing of this Act under the M1House of Commons (Redistribution of Seats) Act 1949 giving effect to a report of the Boundary Commission for England under that Act with respect to the parliamentary constituencies situated wholly or partly in Greater London; and for the purposes of this definition “year of election” means the year 1967 or any third year thereafter;

• “sewerage area of the Greater London Council” has the meaning assigned to it by section 39 of this Act;

• “the Temples” means the Inner Temple and the Middle Temple.

(2)In this Act, except where 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, including any enactment contained in this Act.

(3)References in any other Act to any enactment modified by this Act shall, except when the context otherwise requires, be construed as a reference to that enactment as so modified.

90 Orders, rules and regulations

Any power to make orders, rules or regulations conferred by this Act on any Minister shall be exercisable by statutory instrument, and any power to make an order under any provision of this Act shall include power to make an order varying or revoking any order previously made under that provision.

91 Expenses

(1)There shall be defrayed out of moneys provided by Parliament—

(a)any expenses incurred by any Minister under this Act; and

(b)any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.

(2)Any sums received by any Minister under this Act shall be paid into the Exchequer.

92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

93 Repeals and savings

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2)Without prejudice to section 38(1) of the M1Interpretation Act 1889, where this Act repeals any enactment making provision with respect to a particular matter or particular matters and either makes, or applies some other enactment making, corresponding or different provision with respect to that matter or those matters, then, unless the contrary intention appears and, in particular, subject to any order under section 82, 83, 84, 85 or 87 of this Act, references in any enactment other than this Act, or in any instrument made under any enactment other than this Act, to the repealed enactment shall be construed as references to the enactment contained in or applied by this Act which makes the corresponding or different provision.

(3)Nothing in this Act shall affect the boundary of the area for the supply of electricity . . . F2 of any Area Board within the meaning of the M2Electricity Act 1947 . . . F2.

(4)Nothing contained in, or done by virtue of, any provision of this Act other than section 84(2)(b) or paragraph 35 of Schedule 4 shall affect the functions of the conservators of any common.

(5)Any enabling provision contained in this Act shall be deemed to be in addition to, and not in derogation of, any powers exercisable by Her Majesty by virtue of Her Royal prerogative.

94 Short title, commencement and extent

(1)This Act may be cited as the London Government Act 1963.

(2)The following provisions of this Act shall not come into force until 1st April 1965, that is to say, Parts II, III, and V to VIII other than sections 17(6), 48(2), 62(4), 66, 69, and 70.

(3)Except for section 4(4) . . . F1 of this Act . . . F1, the provisions of this Act other than this subsection shall not extend to Scotland; and as from 1st April 1965 in paragraph 8 of Schedule 6 to the M1Valuation and Rating (Scotland) Act 1956 for the words “the Administrative County of London” there shall be substituted the words “Greater London other than the outer London boroughs”.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1, the provisions of this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 shall not extend to Northern Ireland.