OpenLegislation

Article 17 General provision as to disputes

Original text. Later amendments are not shown.

(1)

Any question as to the interpretation of this order may be determined by the decision of a person agreed on by the authorities concerned or in default of agreement appointed by the Secretary of State.

(2)

Where a determination required by paragraph (13) of article 3 has not been made by the county council before the appointed day, notice that a question exists may be given within the 12 months following the appointed day by a district council.

(3)

Paragraph (4) shall apply where—

(a)

at the appointed day—

(i)

notice has been given by a district council under paragraph (14) of article 3, or

(ii)

notice has been given by any authority that the interpretation of any provision made by paragraph (2) of article 3 is in dispute,

and the question has not been determined; or

(b)

within the period of 12 months following the appointed day—

(i)

notice is given by a district council under paragraph (14) of article 3, or

(ii)

notice is so given under paragraph (2), or

(iii)

notice is given by any authority that the interpretation of any provision made by paragraph (2) of article 3 is in dispute.

(4)

From the appointed day or from the later day on which the notice is given, as the case may be—

(a)

paragraph (2) of article 3 shall cease to have effect in relation to the property;

(b)

where notice has been given under paragraph (2), the question shall be determined by agreement between the authorities concerned or failing such agreement by a person agreed on by such authorities or in default of agreement appointed by the Secretary of State; and

(c)

on the determination of the question, whether under sub-paragraph (b) above or otherwise—

(i)

the determination shall specify the authority, if any, to whom the property is to be transferred, and

(ii)

where an authority is so specified, the property shall be virtue of the determination be transferred to and vest in the authority specified in the determination, and the provisions of this order which would have applied to the property if the transfer had been effected by paragraph (2) of article 3 shall apply to it.

(5)

Any reference in any provision of this order to the decision of any question by a person shall be construed as including a reference to three persons.

(6)

Section 31 of the Arbitration Act 1950 shall have effect for the purposes of the determination of any question by any person or persons under any provisions of this order as if such determination were an arbitration under any other Act within the meaning of that section.