Article 5

(1)

This article applies to the following matters, being matters as regards which provision as to transfer and vesting is made by the Act—

(a)

any drain belonging to a highway which is on 1st April 1965 a metropolitan road;

(b)

any land which immediately before 1st April 1965 is held by the London County Council for the purposes of their functions as a local authority under the Housing Act 1957;

(c)

any land within a London borough which immediately before 1st April 1965 is held for the purposes of functions as such a local authority as aforesaid—

(i)

by any council of a county borough, metropolitan borough or county district whose area falls wholly within such London borough,

(ii)

by the urban district council of Chigwell;

(d)

any sewer or sewage disposal works which immediately before 1st April 1965 is vested in the London County Council, the county council of Middlesex, the Wandle Valley Main Drainage Authority, the North Surrey Joint Sewage Board or the Richmond Main Sewerage Board;

(e)

any sewer or sewage disposal works primarily serving an area in a London borough which immediately before 1st April 1965 is vested in the council of a county borough, metropolitan borough or county district the area of which falls wholly or partly within the borough;

(f)

any drain in a London borough which immediately before 1st April 1965 falls within paragraph (a) or (b) of the definition of “drain” in section 81(1) of the Public Health (London) Act 1936;

(g)

any property (including the Royal Festival Hall) which immediately before 1st April 1965 is held by the London County Council by virtue of an enactment mentioned in section 57(2) of the Act;

(h)

any land which immediately before 1st April 1965 is vested in the London County Council or the county council of Middlesex and used as a park or open space;

(i)

any Green Belt land vested immediately before 1st April 1965 in the London County Council or the county council of Middlesex, or any functions, rights or liabilities exercisable with respect to any Green Belt land immediately before such date by either of those councils;

(j)

any property held immediately before 1st April 1965 exclusively for charitable purposes by any council to whom section 3(1)(b) of the Act applies as sole trustee.

(2)

In so far as provision is not made by the Act—

(i)

all liabilities attaching to any authority in respect of any property transferred by the Act shall by virtue of this order be transferred to and attach to the authority to whom such property is transferred;

(ii)

all contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given by, or to, the first-mentioned authority in respect of such property, or in respect of liabilities transferred by the Act or by this article, shall be of full force and effect in favour of, or against, the authority to whom such property and liabilities are transferred; and

(iii)

any action or proceeding or any cause of action or proceeding, pending or existing at 1st April 1965, by, or against, the first-mentioned authority in respect of such property, or in respect of liabilities transferred by the Act or by this article, shall not be prejudicially affected by reason of the Act, and may be continued, prosecuted and enforced by, or against, the authority to whom such property and liabilities are transferred.

(3)

Where any such drain as is described in paragraph (1)(a) is immediately before 1st April 1965 used for any purpose in connection with the drainage of any highway which does not on that date become a metropolitan road, the highway authority for that highway shall continue to have the right to use that drain for that purpose, and any difference arising under this paragraph between such highway authority and the Greater London Council shall, if either such authority so elect, be referred to and determined by the Minister.