The drains belonging to a highway—
which immediately before the date of the abolition of the Greater London Council under the Local Government Act 1985 was a metropolitan road; and
which did not become a trunk road on that date by virtue of an order made under paragraph 53 of Schedule 4 to that Act,
vest in the council of the London borough in which the highway is situated or, if it is situated in the City in the Common Council, and where any other drain or sewer was, at the date when the highway became a metropolitan road, used for any purpose in connection with the drainage of that highway, that council shall have the right of using the drain or sewer for that purpose.
Any difference arising under this section—
between a county council and a non-metropolitan district council—
as to the council in whom a drain is vested, or
as to the use of a drain or sewer;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
between a county council , metropolitan district council or London borough council or the Common Council, on the one hand, and a sewerage undertaker, on the other, as to the use of a sewer;
shall, if either party to the dispute so elect, be referred to and determined by the Secretary of State.
Subsection (3)(a) above does not apply in Wales.