Local Government Reorganisation (Property etc.) Order 1986
| Jurisdiction | UK Non-devolved |
1986 No. 148
LOCAL GOVERNMENT, ENGLAND AND WALES LONDON GOVERNMENTHISTORIC BUILDINGS AND MONUMENTS COMMISSION ARTS COUNCIL
The Local Government Reorganisation (Property etc.) Order 1986
Made 31th January 1986
Laid before Parliament 5th February 1986
The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 44, 47, 62(4), 98(9), 100 and 101 of the Local Government Act 1985, and of all other powers enabling him in that behalf, hereby makes the following order:—
Citation and commencement
1.—(1) This order may be cited as the Local Government Reorganisation (Property etc.) Order 1986.
(2) This order shall come into operation on 27th February 1986 for the purposes of article 22(2) to (4), and on 1st April 1986 for all other purposes.
Interpretation
2.—(1) In this order—
“” means
“” means
“” means
“”, in relation to an abolished council, means
“”, in relation to any land (including any length of highway) or to rights and liabilities arising in relation to any such land, means
“”
“” and
“” means
(2) Without prejudice to the Interpretation Act 1978, any reference to the vesting of land by virtue of this or any relevant order shall be construed as including the vesting of any contractual licence for the use of land.
(3) Subject to article 21, any vesting of land by the principal Act or this or any relevant order shall be construed as including the vesting of any drain or sewer (within the meaning of sections 90(4) and 343(1) of the Public Health Act 1936) which is not vested in a water authority, and which is used in connection with such land.
(4) In this order “” means
(5) The provisions of this order are subject to any contrary provision made by any relevant order.
(6) Any reference in this order to a numbered map is to the map so numbered in the series issued by the Department of the Environment as “Maps of the Local Government Reorganisation (Property etc.) Order 1986”.
(7) Any provision in this order vesting property shall be construed, unless the context otherwise requires, as including a reference to the vesting of rights and liabilities of an abolished council in respect of any agreement for the hire or use by, or deposit with, such a council of any such property.
(8) Any vesting by this order of property, rights or liabilities in a residuary body is without prejudice to section 62 of the principal Act.
(9) Any reference in this order to any rights or liabilities of an abolished council includes a reference to rights or liabilities acquired or incurred by any predecessor in title of such a council.
General transfer of land to local authorities
3. Subject to the provisions of this order, any land within one or more description in Schedule 1 shall vest in the local council.
Cross-boundary land
4.—(1) Article 3 shall apply to land forming part of a hereditament situated in the area of two or more local councils only if it is within a description mentioned in paragraph 1(b) or (c), 2, 4 or 7(a) or (c) of Schedule 1.
(2) Article 3 shall apply in relation to land (other than land mentioned in the paragraphs referred to above) which forms part of a hereditament situated partly in the area of an abolished council as if it were situated entirely in the area of the metropolitan district or London borough in which the hereditament partly lies.
General transfer of property, rights and liabilities to the new authorities
5.—(1) Subject to the provisions of this order, all property held, or used otherwise than temporarily, and rights or liabilities acquired or incurred, by an abolished council exclusively for or in connection with the purposes of statutory functions which by virtue of any provision made by or under the principal Act become functions of a new authority shall vest in the appropriate new authority.
(2) In this article “” means
General transfer of land to residuary bodies
6.—(1) Except as expressly provided, articles 3 to 5 shall not apply to any land to which this article applies.
(2) This article applies to any land—
(a)
(a) held by an abolished council—
(i) subject to article 3, for the purposes of more than one statutory function;
(ii) as their principal place of business;
(iii) as office accommodation other than exclusively for the purposes of a statutory function—
(a) described in Schedule 1; or
(b) as to which provision is made by article 5 or 19; or
(iv) for the purposes of—
(a) any provision of the Town and Country Planning Act 1971;
(b) section 120(1)(b) of the 1972 Act; or
(c) any provision of a local Act empowering a local authority to acquire land for the benefit, improvement or development of its area;
(b)
(b) subject to article 5, used by an abolished council for the purposes of any statutory function other than that for which it is held;
(c)
(c) appropriated to any purpose by an abolished council on or after 16th July 1985; or
(d)
(d) subject to article 5, which is the subject of any agreement for disposal by any such council, or of a resolution by the council or any committee or sub-committee of theirs to the effect that the land is surplus to the council's requirements or should be disposed of.
(3) Any land to which this article applies shall vest in the appropriate residuary body.
Transfer of property etc. to specified bodies
7.—(1) Any property, rights or liabilities specified in column 1 of Part I of Schedule 2 shall vest in the body specified in that respect in column 2; and articles 3 to 6, in so far as they are inconsistent with this article, shall not apply to any land so specified.
(2) The provisions of Part II of Schedule 2 shall have effect in respect of any property, rights or liabilities mentioned in that Part and transferred by paragraph (1).
General transfer of property other than land
8.—(1) This article has effect in respect of any property other than land for which provision is not otherwise made by this or any relevant order.
(2) Where by virtue of the principal Act or this or any relevant order any hereditament comprising land vests in any body, any property in or on the land, being property held by an abolished council for the purposes of any function which on or after 1st April 1986 is exercisable by that body shall, subject to paragraph (3), vest in that body; and where parts of such a hereditament are so vested in more than one such body, all property normally kept on any land shall vest in the body in which that land is vested.
(3) Paragraph (2) applies—
(a)
(a) to vehicles and other mobile equipment which are normally kept on any land, and
(b)
(b) to property used or intended to be used exclusively for the discharge of functions on any land, and which is kept elsewhere when not in use,
as it applies to property in or on that land.
(4) Any vehicle licence, operator's licence, road service licence, plating certificate or other document issued in respect of any vehicle transferred by this or any relevant order shall have effect as if it had been issued to the authority to whom such vehicle is transferred (“the transferee”) and any reference to an abolished council in any registration book or other document issued in respect of such a vehicle shall have effect as a reference to the transferee.
Transfer of rights and liabilities etc
9.—(1) All rights and liabilities in respect of any payment which was due and payable by or to an abolished council before 1st April 1986 shall vest in the appropriate residuary body.
(2) This paragraph applies to rights and liabilities arising wholly in connection with the ownership or occupation of any land which by virtue of the principal Act, of section 263 of the Highways Act 1980 or of this or any relevant order is vested in any body (“the relevant body”), including rights and liabilities in respect of a contract for the provision of services (whether by or for an abolished council) on, or the delivery of goods to, such land.
(3) Subject to the provisions of this article—
(a)
(a) all rights and liabilities to which paragraph (2) applies shall vest in the relevant body, or, where land forms part of a hereditament which is vested in more than one body, in those bodies jointly and severally; and
(b)
(b) all rights and liabilities arising in relation to any contract for goods and services to be provided by or to an abolished council (other than those to which article 5 or paragraph (2) applies) shall vest jointly and severally in all the local councils in the area of an abolished council.
(4) Subject to the provisions of this article, and of articles 5, 10, 14 and Schedule 2, all rights and liabilities arising in relation to any transaction—
(a)
(a) whereby an abolished council undertook any liability for the management, maintenance, repair or improvement of any property situated within its area which is vested in any other person, or any liability for a guarantee, indemnity, or financial assistance by way of grant or otherwise in respect of any such property, or
(b)
(b) undertaken by or for an abolished council in relation to the maintenance or repair of any length of highway,
shall vest in the local council, or, where the property is situated in the area of more than one such council, in those councils jointly and severally.
(5) Paragraph (4)(a) applies to a liability imposed by or under any statutory provision as it applies to a liability which is undertaken voluntarily.
(6) Anything done or omitted to be done by or in relation to an abolished council in respect of any such land or contract as is mentioned in this article shall have effect as if done or omitted by or in relation to the body...
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