Crown copyright - Reproduced with the permission of the Controller of Her Majesty's Stationery Office
An Act to confer further powers upon the Greater London Council and other authorities; and for other purposes. [27th May 1971]
Whereas -
(2) It is expedient to extend to the councils of outer London boroughs and to certain other authorities the provisions of section 64(Consents under section 5 of the Cremation Act, 1902) of the London County Council (General Powers) Act, 1935, and otherwise to amend the law relating to the provision of crematoria in Greater London:
(4) It is expedient that the other provisions contained in this Act should be enacted:
Preliminary
1. This Act may be cited as the Greater London Council (General Powers) Act 1971.
2. In this Act, except as otherwise expressly provided or unless the context otherwise requires -
"the Act of 1963" means the London Government Act 1963;
"borough" means a London borough and "borough council" means the council of a London borough;
"the Common Council" means the Common Council of the City of London;
"the Council" means the Greater London Council;
"enactment" means any enactment, whether public general or local, and includes any order, rule, regulation, scheme, or other instrument having effect by virtue of any enactment;
any reference to an enactment shall be construed as a reference to that enactment as applied, extended, amended or varied by, or by virtue of, any subsequent enactment including this Act.
Provisions relating to borough Councils, etc.
7. In its application to a crematorium constructed or proposed to be constructed on land in Greater London by a Greater London burial authority, section 5 of the Cremation Act, 1902, shall have effect and be deemed always to have had effect as if for the word "crematorium" there were substituted the words "building fitted with appliances for the purpose of burning human remains".
(2) Section 64 (Consents, under section 5 of Cremation Act 1902) of the London County Council (General Powers) Act, 1935, shall have effect and be deemed, always to have had effect as if-
(a) in subsection (1) thereof, the word "crematorium" in the first place where that word occurs there were substituted, the words "building fitted with appliances for the burning of human remains", and for the words "a proposed crematorium" there were substituted the words "any such building";
(b) in subsection (2) thereof, in the definition of the expression "site of a proposed crematorium" for the word "used" there were substituted the words "fitted with appliances".
(3) Subject to the provisions of the next following subsection the said section 64 as amended by the last foregoing subsection shall extend and apply and be deemed always to have extended and applied in relation to the construction of a crematorium on land in Greater London by a Greater London burial authority and references in that section to a borough council shall be construed accordingly;
Provided that development consisting of or including the construction by a Greater London burial authority on land in an outer London borough of a building fitted with appliances for the purpose of burning human remains shall, if the building is to be situated within 200 yards of any dwelling-house (not being a new dwelling-house within the meaning of the said section 64 be deemed to be development of a class to which section 15 of the Town and Country Planning Act, 1962, applies, and which has been designated under subsection (3) of that last-mentioned section.
(4) Nothing in this section shall be deemed to prejudice the effect of the following enactments, that is to say:-
(i) section 34 (Application of Cremation Act 1902) of the Mortlake Crematorium Act, 1936;
(ii) section 40 (Application of Cremation Act 1902) of the South-West Middlesex Crematorium Act, 1947;
(iii) section 32 (Application of Cremation Acts 1902 and 1952) of the North-East Surrey Crematorium Board Act, 1956;
(iv) section 5 (Use. of part of cemetery for crematorium) of City of London (Various Powers) Act, 1969;
and the Greater London burial authorities to whom those enactments apply may exercise or continue to exercise the powers thereby conferred as if this section had not been enacted.
(5) In this section, "Greater London burial authority" means
(a) a borough council;
(b) the Common Council;
(c) a joint Committee appointed under section 91 of the Local Government Act, 1933, and authorised to exercise powers under the Cremation Acts, 1902 and 1952, or under any other enactment relating to the provision and maintenance of crematoria, being a joint committee any member of which is appointed by a borough council or the Common Council; or
(d) a burial, cemetery or crematorium board established under any enactment and authorised to exercise, powers under the Cremation Acts, 1902 and 1952, or under any other enactment relating to the provision and maintenance of crematoria, being a board of which at least one of the constituent authorities is a borough council or the Common Council;
and in relation to a crematorium constructed before 1st April, 1965, any reference to a borough council shall be deemed to the include a reference to the council of any administrative area abolished by paragraph (b) of subsection (1) of section 3 of the Act of 1963.
