Article 5 Continuity of matters

(1)

Anything which, at the transfer date, is in the process of being done by or in relation to a transferor authority in the exercise of or in connection with any of its functions in or relating to the relevant transferred area may be continued by or in relation to the transferee authority.

(2)

Anything done by or in relation to a transferor authority in the exercise of or in connection with any functions in or relating to the relevant transferred area must, so far as is required for continuing its effect on and after the transfer date, have effect as if done by or in relation to the transferee authority.

(3)

Paragraph (2) applies in particular to—

(a)

any decision, determination, declaration, designation, agreement or instrument made by the transferor authority;

(b)

any regulations or byelaws made by the transferor authority;

(c)

any licence, permission, consent, approval, authorisation, exemption, dispensation or relaxation granted by or to the transferor authority;

(d)

any notice, direction or certificate given by or to the transferor authority;

(e)

any application, request, proposal or objection made by or to the transferor authority;

(f)

any condition or requirement imposed by or on the transferor authority;

(g)

any fee paid by or to the transferor authority;

(h)

any appeal allowed by or in favour of or against the transferor authority; or

(i)

any proceedings initiated by or against the transferor authority.

(4)

Any reference in this article to anything done by or in relation to a transferor authority includes a reference to anything which by virtue of any enactment is treated as having been done by or in relation to that authority.

(5)

So far as is required for giving effect to the provisions of this article, any reference in any document to a transferor authority is to be construed as a reference to the transferee authority.