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The Castle Vale Housing Action Trust (Dissolution) Order 2005

S.I. 2005/411 · Made 28 February 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

HOUSING, ENGLAND

Made 28th February 2005

Laid before Parliament 7th March 2005

Coming into force 31st March 2005

The First Secretary of State, in exercise of the powers conferred by section 88 of the Housing Act 1988f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1988 c. 50; section 88 was amended by section 144 of the Housing Grants, Construction and Regeneration Act 1996 (c. 53).

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Transfer of property, rights, liabilities and functions to the Commission
  4. 4Additional purposes of the Commission
  5. 5Restrictions on additional functions of the Commission
  6. 6Dissolution of the Trust
  7. 7Revocation of Order
  8. Signature
  9. Explanatory note

1Citation and commencement

This order may be cited as the Castle Vale Housing Action Trust (Dissolution) Order 2005 and shall come into force on 31st March 2005.

2Interpretation

In this Order—

  • “the 1981 Act” means the New Towns Act 1981f1;

  • “commencement date” means the date specified in article 1;

  • “the Commission” means the Commission for New Townsf2;

  • “the dissolution date” means the date specified in article 6;

  • “relevant function” means a function which is exercisable by the Trust in connection with any of the property, rights or liabilities transferred by this Order;

  • “the Trust” means the Castle Vale Housing Action Trust which was established by the Castle ValeHousing Action Trust (Area and Constitution) Order 1993f3.

3Transfer of property, rights, liabilities and functions to the Commission

(1)

Subject to paragraph (2), any property, rights and liabilities remaining vested in the Trust immediately before the commencement date, and any relevant function, shall be transferred to the Commission on that date.

(2)

Paragraph (1) shall not apply in respect of any property, rights, liabilities or relevant functions which the Trust has notified in writing to the Commission, not less than 14 days before the commencement date, as those which it thinks necessary or expedient to retain for the purpose of preparing its final accounts and report and winding up its affairs.

(3)

Any property, rights and liabilities remaining vested in the Trust immediately before the dissolution date, and any relevant function, shall be transferred to the Commission on that date.

4Additional purposes of the Commission

(1)

The purposes for which the Commission exists, as mentioned in section 36(1) of the 1981 Act (functions of the Commission), shall also include—

(a)

to take over and, with a view to its eventual disposal, to hold, manage and turn to account the property of the Trust transferred to the Commission by article 3, and

(b)

as soon as it considers expedient to do so, to dispose of property so transferred, and

(c)

to carry out any functions so transferred.

(2)

In this article—

(a)

any reference to property includes a reference to rights and liabilities; and

(b)

in relation to liabilities, any reference to disposal includes a reference to extinguishment.

5Restrictions on additional functions of the Commission

Section 37 of the 1981 Act shall have effect as if any reference to section 36 included a reference to article 4.

6Dissolution of the Trust

The Trust shall be dissolved on 30th June 2005.

7Revocation of Order

The Castle Vale Housing Action Trust (Area and Constitution) Order 1993 is revoked on the dissolution date.

Signature

Keith Hill

Minister of State Office of the Deputy Prime Minister

28th February 2005

Explanatory note

(This note is not part of the Order)

This Order transfers to the Commission for the New Towns (“the Commission”) any property rights and liabilities of the Castle Vale Housing Action Trust (“the Trust”) on 31st March 2005, except those which the Trust has notified the Commission that it needs to retain for the purpose of preparing its final accounts and report and winding up its affairs. The Order transfers the remaining property, rights and liabilities of the Trust to the Commission on 30th June 2005 and dissolves the Trust on that date. Functions exercisable in connection with property, rights or liabilities are also transferred.

Article 4 of the Order confers additional purposes on the Commission to enable it to carry out any transferred functions and eventually dispose of any property, rights and liabilities transferred to it from the Trust.

Article 7 of the Order revokes the Castle Vale Housing Action Trust (Area and Constitution) Order 1993 (S.I.1993/1634) on 30th June 2005.