Article 6

In this article—

• “major works” means any works on the transferred property:—

  1. (a)

     for the construction, rehabilitation or modernisation of, or major works of improvement to, the property; or

  2. (b)

     which arise from a major technical cause

  ; and

• “final certificate” means the certificate of the architect or other supervisory officer with responsibility for the execution of major works certifying final payment in respect thereof.

Where a contract relating to or in connection with major works has been entered into by the Council before the relevant date, the Council may within three months of the relevant date, by notice in writing given to the transferee authority, specify such a contract as being a notified contract for the purposes of this article, and in any such notice shall indicate whether a final certificate has been issued in respect of the works.

Any contract relating to or in connection with major works on the transferred property which is not specified in a notice under paragraph (2), or which is indicated therein as being the subject of a final certificate, shall be vested in the transferee authority under article 4 at the expiry of three months after the relevant date.

Any notified contract which is not stated in a notice under paragraph (2) to be the subject of a final certificate shall be vested in the transferee authority under article 4 at the expiry of 15 days after a final certificate is issued in respect thereof.

The Council may by notice in writing given to a transferee authority require that authority to assign to the Council the benefit and burden of any contract which is vested in that authority in accordance with this article, specifying the date on which such assignment shall take place, and on that date the transferee authority shall so assign the benefit and burden of the contract, notwithstanding any provision thereof or otherwise purporting to prohibit or restrict assignment.

Where any major works, not being the subject of a contract to which this article applies, have commenced but have not been completed (or with the agreement of the respective transferee authority been discontinued) at the relevant date, the Council shall, unless otherwise agreed with the transferee authority, complete the said works; and completion shall be deemed to take place upon the issue of a final certificate.

The transferee authority shall so far as it is able afford to the Council, its officers, employees, agents and contractors all such reasonable access to the transferred property and rights to use the same as the Council may require for the purpose of:—

The Council shall determine for the purposes of paragraphs (2) to (6), what works fall within paragraph (1)(b).

Schedule 1 to this order shall have effect in respect of works the subject of programmes to be prepared by the Council.