London Building Acts (Amendment) Act 1939 (1939 Act)

Section 1: “This Act may be cited as the London Building Acts (Amendment) Act 1939 and shall be read and construed as one with the London Building Acts 1930 and 1935 and may be cited with those Acts as the London Building Acts 1930 to 1939.”

By virtue of Section 1, we consider that the Section 5, London Building Act 1930 definition of “street” applies as follows: ““street” includes any highway road bridge lane mews footway square court alley passage whether a thoroughfare or not and part of any such highway road bridge lane mews footway square court alley or passage”.

Section 5: “Subject to the provisions of section 6 … of this Act a name shall not be given to a street way place row of houses or block of buildings—

unless at least one month's notice of the intended name has been given to the Council;

if the Council within one month of the giving of such notice have given notice to the person by whom such first-mentioned notice was given stating that they object to the intended name;

and it shall not be lawful to set up any name as the name of any street way place row of houses or block of buildings until the expiration of one month after receipt by the Council of the notice referred to in paragraph (a) of this section or to set up any name objected to as aforesaid.”

Section 5 allows a person to propose a name for a street on at least one months’ notice to the Council.  The street can only be so named if during that period of one month the Council does not object.

Section 6: “(1) The Council may by order assign any name which they think fit to any street way place row of houses or block of buildings whether or not in substitution for a name already given or assigned.

(2) Before making an order under this section the Council shall [...] at their option either cause notice of their intention to be posted in some conspicuous position in the street way or place or adjacent to the row of houses or block of buildings as the case may be or give notice of their intention by circular delivered at every building situate in the street way or place or forming part of the row of houses or block of buildings as the case may be.

(3) Every such notice shall state the manner in which and the time (being not less than one month after the date of the notice) within which objections to the intended order may be sent to the Council and the Council shall before making the order consider any objection so sent to them and may if they think fit having regard to any such objection amend any name which they have proposed to assign.”

Section 7 – repealed

Section 6 is a power for the Council to assign a name to any street (way or place) whether that is a new street or a street with an existing name including any row of houses or block of buildings.  At least one month’s notice of the intention to make an order must be given and allow for objections to be made.  The Council has to consider objections before making any order.

Section 8: “(1) Subject to the provisions of this section the local authority shall cause the name lawfully given or assigned to every street way place row of houses or block of buildings to be set up and kept set up in accordance with any regulations made in pursuance of section 9 … of this Act.

(2) Where a name has been given or an order has been made assigning a name to a block of buildings in pursuance of this Part of this Act the local authority shall give notice to the owner of the block of buildings requiring him to set up in accordance with regulations as aforesaid the name so given or ordered and in the case of an order assigning a name to the block of buildings in substitution for a name already given or assigned to remove within such time as may be specified in the notice any name of the block of buildings which differs from that mentioned in the order.

(3) Whenever the marking of a name lawfully given or assigned to a block of buildings is destroyed pulled down defaced obliterated or obscured the owner of the block of buildings shall within the time specified in a notice from the local authority requiring him so to do renew the marking in accordance with regulations as aforesaid.

(4) If any notice by a local authority in pursuance of this section is not complied with the local authority shall cause the name of the block of buildings to be set up or renewed in accordance with regulations as aforesaid and any name of the block of buildings which differs from that mentioned in the order to be removed.”

Section 8 relates to the provisions for street etc. names and the obligations on owners to comply with notices from the Council in respect of those name signs.

Section 9: “The Council shall make regulations with respect to the setting up of the names of streets ways places rows of houses or blocks of buildings and matters in connection therewith and without prejudice to the generality of the foregoing provision such regulations may provide for the name to be placed on part of a building or structure and in such position thereon as may be prescribed by the regulations.”

Section 9 imposes a duty on the Council to have in place regulations relating to naming. 

Section 10: “No person shall—

set up in or on any street way place row of houses or block of buildings as the case may be any name thereof different from the name lawfully given or assigned thereto;

set up in or on any street way place row of houses or    block of buildings the name thereof except in accordance with any regulations made in pursuance of section 9 … of this Act;

(c)    place or affix any notice or advertisement within twelve inches of any marking of the name of a street way place row of houses or block of buildings lawfully set up;

(d) otherwise than for the purpose of renewing the same destroy pull down deface obliterate or obscure or permit         or suffer to be destroyed pulled down defaced obliterated or obscured any marking of the name of a street way place row of houses or block of buildings lawfully set up:

Provided that paragraph (d) of this section shall not apply where the marking is destroyed pulled down defaced obliterated or obscured in connection with the demolition alteration or erection of a building or structure or any part thereof if notice of the intention so to do is given to the local authority not less than three days before the marking is destroyed pulled down defaced obliterated or obscured.”

Section 10 imposes obligations in respect of: not putting up names other than those lawfully given or assigned; and setting up names in accordance with regulations made by the Council; placing or affixing notices or advertisements within 12 inches of the main name; and not destroying, pulling down, defacing, obliterating or obscuring the name.

Section 11: “(1) The Council may order that any buildings in any street way place row of houses or block of buildings shall for the purpose of distinguishing them be marked (whether already marked by a number or name or not) with such numbers or names or numbers and names as may be specified in the order or shown upon a plan referred to in the order and that any existing numbers or names which differ from those specified in the order shall be abolished.

(2) For the purpose of subsection (1) of this section a number followed by a letter or a fraction shall be deemed to be a number.

(3) Where a name has been given otherwise than in pursuance of subsection (1) of this section to a building and is in the opinion of the Council unsuitable or likely to cause delay or inconvenience in executing any public service they may without prejudice to the exercise from time to time of the powers of the Council under the said subsection (1) by order assign a name to the building in substitution for such first-mentioned name.

(4)

(a)   Before making an order under this section as respects the substitution of a name of a building for an existing name thereof the Council shall give notice of their intention of so doing to the owner of the building.

(b)   Every such notice shall state the manner in which and the time (being not less than one month after the date of the notice) within which objections to the intended order may be sent to the         Council and the Council shall before making the order consider any objection so sent to them and may if they think fit having         regard to any such objection amend any name which they have proposed to assign.

[...]

(6) The local authority shall give notice to the owner or occupier of every building to which an order made by the Council under this section relates requiring him to mark the building or some part of the premises of which the building forms part with the number or name or number and name which the Council have ordered in accordance with any regulations made in pursuance of section 12 … of this Act and to remove within such time as may be specified in the notice any number or name marked on the building or on the premises of which the building forms part which differs from that specified in the order.

(7) Whenever the marking of a number or name or number and name of a building assigned by an order of the Council is destroyed pulled down defaced obliterated or obscured the owner or occupier of the building shall within the time specified in a notice from the local authority requiring him so to do renew the marking in accordance with regulations as aforesaid.

(8) If any notice by a local authority in pursuance of this section is not complied with the local authority shall cause the number or name or number and name of the building to be marked in accordance with regulations as aforesaid and any number or name which differs from that specified in the order to be removed.

(9) So much of this section as relates to names shall not apply—

1. to a theatre cinematograph theatre or music hall; or
2. to premises which are at the date of the passing of this Act licensed for the sale of intoxicating liquor for consumption on the premises or any premises erected in substitution therefor so long as the premises are premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises.”

Section 11 is the numbering power and relates to any buildings in the street (way or place) or row of houses or block of buildings.  Numbers (and names of buildings etc.) are assigned by an order made by the Council.  Provision is also made for the Council to change names (by order) assigned to a building other than by an order under this Section 11.  Notices may be given in relation to putting up names and numbers.

Section 12. “The Council shall make regulations with respect to the marking of the numbers or names or numbers and names of buildings in a street way place row of houses or block of buildings and without prejudice to the generality of the foregoing provision such regulations may provide for the number or name or number and name of any building to be marked in some appropriate position either on the building or on some part of the premises of which the building forms part as may be prescribed by the regulations.”

Section 12 is another regulation making power for the Council in respect of the marking of names/numbers of buildings.

Section 13: “No person shall—

(a) mark on any building or on the premises of which the building forms part any number or name thereof—

(i) different from a number or name lawfully given thereto or ordered in respect thereof; or

(ii) except in accordance with any regulations made in pursuance of section 12 … of this Act;

(b) otherwise than for the purpose of renewing the same destroy pull down deface obliterate or obscure or permit or suffer to be destroyed pulled down defaced obliterated or obscured the marking of any number or name as the case may be lawfully given to or ordered in respect of any building :

Provided that—

(A) where any premises are used for the purposes of any commercial undertaking (including any theatre cinematograph theatre or music hall or any premises which are at the date of the passing of this Act licensed for the sale of intoxicating liquor for consumption on the premises or any premises erected in substitution therefor so long as the premises are premises which, by virtue of a premises licence          under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises proceedings for an offence under subparagraph (ii) of paragraph (a) of this section shall not be taken by reason only of the fact that the name lawfully given to the building in addition to being marked thereon or affixed thereto in accordance with any regulations made in pursuance of section 12 … of this Act is also marked otherwise than in accordance with such regulations if such additional marking does not obscure or obliterate the name as marked or affixed to the building in accordance with such regulations;

(B) paragraph (b) of this section shall not apply where the marking of the number or name or number and name as the case may be of a building is destroyed pulled down defaced obliterated or obscured in connection with the demolition alteration or erection of a building or any part thereof if   notice of the intention so to do is given to the local authority not less than three days immediately before the marking of the number or name or number and name as the case may be is destroyed pulled down defaced obliterated or obscured.”

Section 13 provides further prohibitions about marking with numbers or names different from that ordered by the Council and/or in accordance with the regulations made under Section 12, as set out above in relation to names of streets, ways etc.

Section 14: “(1) The Council shall keep a record of—

(a) the names lawfully given or assigned to streets ways places rows of houses or blocks of buildings; and

(b) the numbers or names or numbers and names with which they order buildings to be marked;

and such record shall be kept in such form as to show -

1. as respects alterations in the names of streets made by order or resolution since the first day of January eighteen hundred and fifty-six the date of the order or resolution by which such alteration was made and as respects names assigned to
2. streets ways places rows of houses or blocks of buildings after the commencement of this Act the date of the order assigning the name and the immediately previous name or names (if any) borne by the street way place row of houses or block of buildings; and
3. the date of the order assigning numbers or names or numbers and names to buildings or assigning a name to a building in substitution for another name and the immediately previous numbers and names (if any) of the buildings.

(2) It shall upon payment of such reasonable fee as the Council may from time to time determine be lawful—

(a) for any person at any reasonable hour to inspect such record and to take a copy of any portion thereof; and

(b) for the Council to furnish a copy or information as to the contents of any portion of such record to any applicant.

[...]”

Section 14 is a record keeping obligation on the Council.  There is nothing in the 1939 Act that specifies the particular form the record is to be kept in – it must however include content on all matters specified in Section 14.  There is also an inspection requirement and ability to request copies of portions.  There is nothing to prevent the record being kept electronically although it is advisable, from a general public sector record keeping and audit perspective, to keep original orders in hard copy as well.