Local Government Changes For England (Property Transfer and Transitional Payments) Regulations 1995
| Jurisdiction | UK Non-devolved |
1995 No. 402
LOCAL GOVERNMENT, ENGLAND AND WALES
The Local Government Changes For England (Property Transfer and Transitional Payments) Regulations 1995
Made 20th February 1995
Laid before Parliament 21th February 1995
Coming into force 14th March 1995
The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 19 and 26 of the Local Government Act 19921, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995 and shall come into force on 14th March 1995.
Interpretation
2.—(1) In these Regulations —
“the Act” means the Local Government Act 1992;
“the 1989 Act” means the Local Government and Housing Act 19892;
“the 1992 Act” means the Local Government Finance Act 19923;
“abolished authority” means a principal council which is or is to be wound up and dissolved by a section 17 order;
“council tax base”, in relation to any authority, means the amount calculated by the authority as its council tax base for a financial year in accordance with the relevant rules;
“investment” does not include any land held as an investment;
“relevant instrument” means a statutory instrument made under the Act or, in connection with the Act or such an instrument, under any other Act;
“relevant rules”, in relation to the council tax base for a financial year, means the rules for the time being effective as regards the financial year under regulations made by the Secretary of State under section 33(5) or, as the case may require, section 44(5) of the 1992 Act;
“the reorganisation date”, in relation to an authority, means the date (being 1st April in any year) which is specified as such in a section 17 order;
“the Residuary Body” means the Local Government Residuary Body (England)4;
“section 17 order” means an order under section 17 of the Act; and
“successor authority”, in relation to an abolished authority, means —
(a) where a section 17 order gives effect to a structural change, an authority to which any functions of the abolished authority are or are to be transferred on the reorganisation date; and
(b) where such an order gives effect to a boundary change, an authority whose area, on and after that date, includes, or is to include, an area which, before that date, is the whole or any part of the area of the abolished authority.
(2) In these Regulations —
(a)
(a) any reference to a transferred area is a reference to an area in relation to which, immediately before the reorganisation date, a principal council (other than an abolished authority) (“the relinquishing authority”) exercises functions which, by virtue of a structural or boundary change effected by a section 17 order, it ceases to exercise on that date; and
(b)
(b) any reference to the acquiring authority in relation to such an area is a reference to the authority which, by virtue of such a change, exercises or is to exercise those functions in relation to the area on and after that date.
(3) Any reference in these Regulations to any rights or liabilities of an authority includes a reference to rights or liabilities acquired or incurred by any predecessor in title of the authority.
PART II
TRANSFER OF PROPERTY RIGHTS AND LIABILITIES
Application and interpretation of Part
3.—(1) This Part does not apply with respect to the transfer of —
(a)
(a) any property, rights or liabilities for the transfer of which provision is made in the Local Government Changes for England (Finance) Regulations 19945;
(b)
(b) any superannuation fund maintained by a principal council by virtue of regulations made under section 7 of the Superannuation Act 19726; or
(c)
(c) any rights or liabilities of such a council in respect of such a fund.
(2) In this Part —
“associated property”, in relation to any land of an abolished authority or, as the case may be, the relinquishing authority in relation to a transferred area, means —
(a) property in or on the land which is used or intended to be used by the authority exclusively for the discharge of functions on the land;
(b) property which is so used or intended to be so used and which is kept elsewhere when not in use;
(c) investments or cash which relate exclusively to the land; or
(d) records which relate exclusively to the land;
“charitable purposes” has the same meaning as in the Charities Act 19937;
“contract” includes any enforceable undertaking;
“the preliminary period”, in relation to an authority, means the period specified as such in a section 17 order;
“record” includes material in whatever form or medium which conveys or is capable of conveying information; and
“relevant shares” means shares held in a company which is under the control of a local authority within the meaning of section 68 of the 1989 Act (but with the omission of the words “unless the Secretary of State otherwise directs” in subsection (1) of that section); and “share” has the same meaning as in the Companies Act 19858.
Information for facilitating implementation
4.—(1) This regulation has effect for the purpose of facilitating the implementation of these Regulations.
(2) An abolished authority shall, within the relevant period, supply to any successor authority —
(a)
(a) details of any relevant contract; and
(b)
(b) all such information relating to the abolished authority’s property, rights or liabilities as the successor authority may reasonably request.
(3) The relinquishing authority in relation to a transferred area shall, within the relevant period, supply to the acquiring authority in relation to that area —
(a)
(a) details of any relevant contract in relation to which such rights or liabilities as are mentioned in paragraph (5)(a) of regulation 5 arise; and
(b)
(b) all such information relating to any rights or liabilities so mentioned, or to property to which paragraph (6) of that regulation applies, as the acquiring authority may reasonably request.
(4) Any person authorized in that behalf by a successor authority in relation to an abolished authority or, as the case may be, the acquiring authority in relation to a transferred area shall be entitled, at all reasonable times, on producing, if so required, evidence of his authority —
(a)
(a) to inspect any record belonging to or under the control of the abolished authority or, as the case may be, the relinquishing authority which relates to any relevant contract, or any property, rights or liabilities, mentioned in paragraph (2) or (3) above; and
(b)
(b) to take, or be supplied with, a copy of any such record or part of it.
(5) The rights conferred by paragraph (4) above include the right to require any record which is not in legible form to be made available in legible form for the purposes of inspection or copying or being supplied with copies.
(6) In this regulation —
“the final period” means the period of six weeks ending on the date immediately before the reorganisation date;
“relevant contract” means a contract entered into by an abolished authority or the relinquishing authority the period of which extends or may, under the terms of the contract, be extended beyond that date; and
“relevant period” means —
(a) for the purposes of paragraph (2)(a) and (3)(a) above —
(i) in a case where the relevant contract was entered into before the date on which the preliminary period begins, the period of 3 months beginning with that date;
(ii) in a case where the relevant contract is entered into on or after that date and before the beginning of the final period, the period of six weeks beginning with the date on which the contract is entered into; and
(iii) in a case where the relevant contract is entered into after the beginning of the final period, that period; and
(b) for the purposes of paragraph (2)(b) or (3)(b) above —
(i) in a case where the request for information is made before the beginning of the final period, the period of six weeks beginning with the date of the making of the request; and
(ii) in a case where the request is made after the beginning of the final period, that period; and
a reference to a successor authority includes, where there are two or more successor authorities in relation to an abolished authority, a reference to the Residuary Body.
Agreements for the transfer of property etc.
5.—(1) Nothing in this regulation applies to —
(a)
(a) any investments of an authority which are not associated property or relevant shares;
(b)
(b) any property held by an authority, as sole trustee, exclusively for charitable purposes;
(c)
(c) any rights or liabilities of an authority in respect of such investments or such property; or
(d)
(d) any rights or liabilities of an authority in respect of money borrowed by the authority.
(2) Where there are two or more successor authorities in relation to an abolished authority, the successor authorities shall, during the preliminary period, use their best endeavours to make agreements which, subject to paragraph (3) below —
(a)
(a) identify all the property, rights or liabilities of the abolished authority;
(b)
(b) in relation to any property so identified, specify one of the successor authorities for the purposes of regulation 6(4);
(c)
(c) in relation to any rights or liabilities so identified, specify one, or two or more, of the successor authorities for those purposes; and
(d)
(d) in the case of any property mentioned in sub-paragraph (b) above which is land —
(i) identify such, if any, of it as will not be required by any of them for the purposes of, or in connection with, the exercise of functions on and after the reorganisation date; and
(ii) provide for...
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