Local Government Reorganisation (Property etc.) (No. 2) Order 1986
| Jurisdiction | UK Non-devolved |
| Citation | SI 1986/413 |
| Year | 1986 |
1986No. 413
LOCAL GOVERNMENT, ENGLAND AND WALES
LONDON GOVERNMENT
PUBLIC HEALTH, ENGLAND AND WALES
MUSEUMS AND GALLERIES
The Local Government Reorganisation (Property etc.) (No. 2)
Order 1986
5thMarch1986
Laid before Parliament
10thMarch1986
Coming into Operation
1stApril1986
The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 10, 45, 100 and 101 of the Local Government Act 1985( a), and of all other powers enabling him in that behalf, hereby makes the following order:--
Citation, commencement and interpretation
1.--(1) This order may be cited as the Local Government Reorganisation (Property etc.) (No. 2) Order 1986 and shall come into operation on 1st April 1986.
(2) Paragraphs (1), (2) and (7) to (9) of article 2 of the Local Government Reorganisation (Property etc.) Order 1986( b) ("the principal order") shall apply for the purposes of this order as they apply for the purposes of that order.
(3) Any reference in this or the principal order to the vesting of land shall be construed as including a reference to the vesting of any right to the use or occupation of land conferred by any statutory provision.
Waste disposal property etc.
2.--(1) Subject to paragraphs (3) and (4) and article 3, any land held, or used otherwise than temporarily, by an abolished council exclusively for or in connection with any one or more of the functions mentioned in paragraph (2) ("waste disposal functions") shall vest in the local council, unless situated in an area for which an authority ("relevant authority") has been established under section 10 of the principal Act to discharge that function or those functions, in which case that land shall vest in the relevant authority established to discharge that function or those functions in that area.
(a) 1985 c.51.
(b) S.I. 1986/148.
(2) The functions referred to in paragraph (1) are those conferred by:--
sections 74 and 76 of the Public Health Act 1936( a);
Part I of the Control of Pollution Act 1974( b);
the Refuse Disposal (Amenity) Act 1978( c) ("the 1978 Act"); and
sections 5 and 6 of the Litter Act 1983( d).
(3) Where on and after 1st April 1986 any waste disposal function is exercisable by the London Waste Regulation Authority, the Greater Manchester Waste Disposal Authority or the Merseyside Waste Disposal Authority, all property, rights and liabilities acquired or incurred by an abolished council exclusively for or in connection with one or more of those functions shall, subject to paragraph (4), vest in that authority.
(4) Paragraph (3) shall not have effect in respect of land situated within the metropolitan district of Wigan, which land shall vest in the council of that district; and rights and liabilities arising in respect of that land shall vest in accordance with article 9 of the principal order.
(5) Any property held or used, or rights or liabilities acquired or incurred by an abolished council, for the purposes of waste disposal functions and specified in column (1) of Part I of Schedule 1, and any other property so specified in Part II, shall vest in the relevant authority or local council or councils for the area specified in column (2), in the manner, if any, so specified; and the other provisions of this article and article 3, in so far as inconsistent with this paragraph, shall not apply in relation to any matter so specified.
(6) Notwithstanding article 6(2)(a)(i) of the principal order, where land is held for the purposes both of--
(a) a waste disposal function, and
(b) any function mentioned in Schedule 1 to that order,
that land shall vest in the local council unless that waste disposal fuction is not exercisable in the area by that council, in which case that land shall vest in the appropriate residuary body.
(7) All rights and liabilities in respect of any agreement for the hire or use of any vehicles or plant exclusively for the purposes of any waste disposal function by a council of a county mentioned in column (1) below shall vest in the council of the district mentioned in relation to that county in column (2):--
(1) |
(2) |
South Yorkshire |
Rotherham |
West Midlands |
Dudley |
West Yorkshire |
Wakefield. |
(8) All litter bins provided by an abolished council under sections 5 and 6 of the Litter Act 1983 for the vesting of which provision is not otherwise made by this article shall vest in the local council.
(a) 1936 c.49.
(b) 1974 c.40.
(c) 1978 c.3.
(d) 1983 c. 35.
(9) Article 9(3) of the principal order shall apply to land transferred by virtue of this article or article 3 as if the reference in article 9(2) of that order to contracts for the provision of services on land included a reference to contracts for the sale or disposal of waste from land.
(10) In relation to any property situated in the Temples, any reference in this article to the local council shall be construed as including a reference to the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple, as the case may be.
(11) The provisions of Schedule 2 shall have effect in consequence of the vesting, by virtue of this article and of article 9 of the principal order, of rights and liabilities in respect of certain contracts in--
(a) the East London Waste Authority,
(b) the North London Waste Authority, and
(c) the West London Waste Authority.
3.--(1) Article 2(1) shall not have effect to vest any land in Greater London held for the purposes of section 1 of the 1978 Act in any relevant London authority: any such land shall vest in the local council, and the following provisions of this article shall have effect in respect of such land notwithstanding article 9(3) of the principal order.
(2) All rights and liabilities in respect of any contract for the sale or disposal of refuse from any land described in paragraph (1) (in this article called a "relevant contract") shall, where the land in question is situated in the area of a relevant London authority, vest in that authority.
(3) Where any relevant contract relates--
(a) to land situated within the area of a relevant London authority and to land not so situated, or
(b) to land situated in the area of more than one such authority.
the rights and liabilities in respect of that contract shall vest jointly and severally--
(i) in case (a), in the relevant London authority and the local council, and
(ii) in case (b), in the relevant London authorities concerned.
(4) In this article "relevant London authority" means--
the East London Waste Authority,
the North London Waste Authority,
the West London Waste Authority, and
the Western Riverside Waste Authority.
The Horniman and Geffrye museums
4.--(1) The Horniman Gardens (insofar as situated north of the London Road (A205), and including the Horniman Railway Nature Trail lying between that road and Langton Rise, together with the adjoining footpath on its eastern side) and Geffrye's Garden (together with its extension comprising 63-67 (odd) Geffrye Street, 34 Cremer Street and the former highway Harriett Square) shall,insofar as they are not so vested by section 45 of the principal Act, vest in the Inner London Education Authority.
(2) The powers exercisable by the Greater London Council in respect of the land vested in the Inner London Education Authority by that section and by paragraph (1) under--
sections 13, 19 and 20 of the Public Libraries and Museums Act 1964( a), and
articles 7 to 11, 13, 15, 16, 18 and 19 of the schedule to the Ministry of
Housing and Local Government Provisional Order Confirmation (Greater
London Parks and Open Spaces) Act 1967( b),
shall be so exercisable by that Authority.
Other museums and galleries
5.--(1) All land vested in Merseyside County Council and described in Schedule 3 shall vest in the Board of Trustees of the National Museums and Galleries on Merseyside( c).
(2) Speke Hall and its grounds shall vest in the National Trust for Places of Historic Interest or Natural Beauty.
(3) The Greater Manchester Museum of Science and Industry shall vest in the Greater Manchester Residuary Body.
(4) All other land vested in an abolished council and held for the purposes of section 12 of the Public Libraries and Museums Act 1964, or any local Act for like purposes, shall vest in the local council.
(5) The collection of works of art and objects of historical or scientific interest acquired by Tyne and Wear County Council (other than as successor in title to any other body) shall vest in Newcastle upon Tyne City Council.
Metropolitan county archives
6.--(1) There shall vest in the body mentioned in column (2) below--
(a) any collection of records maintained as archives by the metropolitan county council mentioned in respect of that body in column (1);
(b) any land held by such a council exclusively as accommodation for any such collection; and
(c) any other property held by such a council exclusively for the purposes of such a collection:--
(a) 1964 c.75.
(b) 1967 c.xxix.
(c) The Board is constituted by the Merseyside Museums and Galleries Order 1986 (S.I. 1986/226).
(1) |
(2) |
Greater Manchester County Council |
Manchester City Council |
South Yorkshire County Council |
Sheffield City Council |
Tyne and Wear County Council |
Gateshead Metropolitan Borough Council |
West Yorkshire County Council |
Wakefield Metropolitan District Council. |
(2) Any records of the West Midlands County Council in the custody of the council of any district and maintained as archives shall vest in that council, and all other records of the County Council which are not required for the discharge of any function by any body to which functions or property are transferred by or under the principal Act or any other enactment shall vest in Birmingham City Council.
Thames Piers
7.--(1) All rights and liabilities vested in the Greater London Council in respect of the following piers and landing stages shall vest in the Thames Water Authority:--
Richmond,
Kew,
Putney,
the Festival Gardens Pier at Battersea Park,
Westmi...
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