Local Government Act 1985

Section 43, London Government Act 1963:

“(1) Without prejudice to the application to any part of Greater London by section 40 of this Act of any enactments relating to building control and to buildings and structures, but subject to any order under section 84 of this Act, the relevant provisions of the London Building Acts shall continue to have effect in Greater London other than the outer London boroughs, and Part II and Part VII of the Act of 1939 and any regulations thereunder and any other relevant provisions of the London Building Acts which relate to the said Part II and Part VII shall, notwithstanding anything in section 4 of the Act of 1930, extend to the outer London boroughs; and—

(a) the Greater London Council shall have the functions of the London county council under all the aforementioned provisions; and

(b) the councils of the inner London boroughs and, in the case of provisions which extend to the outer London boroughs, the councils of the outer London boroughs shall have the functions of metropolitan boroughs under the said provisions.

(2) In accordance with the foregoing subsection, in the relevant provisions of the London Building Acts and any byelaws and regulations made thereunder—

(a) for references to London or the administrative county of London there shall be substituted references to Greater London other than the outer London boroughs;

(b) for references to the London county council there shall   be substituted references to the Greater London Council, except that for references to instruments of any description made by, or resolutions of, the London county council there shall be substituted references to instruments of that description made by, or resolutions of, that county council or the Greater London Council;

(c) for references to the council of a metropolitan borough there shall be substituted references to the council of an inner London borough or, in the case of a provision which extends to the outer London boroughs, references to the council of any London borough, and references to a local authority shall be construed accordingly;

(d) for references to the London Building Acts or the provisions of those Acts there shall be substituted references to the relevant provisions of those Acts, and for references to the Act of 1930, 1935 or 1939 (other than references to a specified provision thereof) there shall be substituted references to so much of the said relevant provisions as are contained in that Act. …

(5) In this section “the relevant provisions of the London Building Acts” means —

(a) the London Building Acts 1930 to 1939, except the provisions repealed by the next following subsection;

(b) sections 6 and 7 of the London County Council (General Powers) Act 1954, and section 3 of that Act so far as it relates to those sections;

(c) sections 5 to 13  of, and Schedules 1 and 2  to, the London County Council (General Powers) Act 1955, and section 3 of that Act so far as it relates to those sections and Schedules;

(d) section 62 of the London County Council (General Powers) Act 1956; and

(e) sections 15 to 17 of the London County Council    (General Powers) Act 1958, and sections 3 and 13 of that Act so far as they relate to the said sections 15 to 17;

and references to the Acts of 1930, 1935 and 1939 shall be construed as references respectively to the London Building Act 1930, the London Building Act (Amendment) Act 1935 and the London Building Acts (Amendment) Act 1939.

(6) The following provisions of the London Building Acts 1930 to 1939 shall cease to have effect, that is to say—…

(c) sections 128 to 131  and 156 of the Act of 1939, and section 148 of that Act so far as it relates to other provisions of the London Building Acts 1930 to 1939 repealed by this subsection.” [Emphasis added].

We consider that Section 43 makes Part II of the 1939 Act a function of the Greater London Council for both inner and outer London Boroughs and the effect of the Local Government Act 1985 is that these functions transfer to the inner and outer London Borough Councils themselves. 

We consider that the references in the 1939 Act to the “Council” are to the London County Council and the County Council’s functions were transferred to the Greater London Council by virtue of Section 43.