Article 3 Property, liabilities, contracts, etc., notices and proceedings
Nothing in this article shall apply to property held for the purposes of, and liabilities incurred, contracts, deeds, bonds, agreements and other instruments subsisting, notices given, actions and proceedings pending, and causes of action or proceeding existing in relation to, any charitable trust.
Save as otherwise expressly provided, on the appointed day—
all property vested in a county council and within the relevant matters in relation to any district, and all liabilities attaching to the county council in respect of any such property, shall by virtue of this order be transferred to and vest in or attach to the council of the district;
all other liabilities attaching to a county council and within the relevant matters in relation to any district shall by virtue of this order be transferred to and attach to the council of the district;
all contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given (or have effect as if they had been given) by, or to, a county council in respect of any property or liability transferred by sub-paragraph (a) or (b) shall be of full force and effect in favour of, or against, the authority to whom such property or liability is transferred;
all other contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all other notices in force which were given (or have effect as if they had been given) by, or to, a county council and within the relevant matters in relation to any district shall be of full force and effect in favour of, or against, the council of the district;
any action or proceeding or any cause of action or proceeding, pending or existing at the appointed day, by, or against, a county council in respect of any property or liability transferred by sub-paragraph (a) or (b) shall not be prejudicially affected by reason of this order, and may be continued, prosecuted and enforced by, or against, the authority to whom such property or liability is transferred;
any other action or proceeding or any other cause of action or proceeding, pending or existing at the appointed day, by, or against, a county council and within the relevant matters in relation to any district shall not be prejudicially affected by reason of this order, and may be continued, prosecuted and enforced by, or against, the council of the district.
The authority to whom any property would but for the operation of this paragraph be transferred by paragraph (2) may agree—
with the county council that the property shall not be transferred; or
with any other district council that the property shall be transferred to that council;
and in the case of (b) the property to which the agreement relates shall by virtue of this order be transferred to and vest in or attach to the authority to whom it has been agreed that it shall be transferred, and sub-paragraph (a) of paragraph (2) in so far as it relates to liabilities, and sub-paragraphs (c) and (e) thereof, shall apply as if the property had been transferred by paragraph (2).
Any byelaws in force for the regulation of any property transferred by paragraph (2) or (3) shall have effect as if they had been made by the authority to whom such property is transferred.
Any provision of any local Act or of any order made under any Act which applies to any property transferred by paragraph (2) or (3) to any authority shall have effect with the substitution of references to that authority for any references to (or having effect as references to) the authority from whom the property is transferred.
Any authorisation of the borrowing of money in force in respect of any property or liability transferred by paragraph (2) or (3) to any authority may, subject to the terms applicable thereto, be acted on by such authority.
Any excise licence, operators' licence, public service vehicle licence, road service licence, plating certificate or other document issued in respect of any vehicle transferred by paragraph (2) or (3) to any authority shall have effect as if it had been issued to such authority, and any reference to the authority from whom the vehicle is transferred in any such licence or certificate or in any registration book or other document issued in respect of such vehicle shall have effect as a reference to the authority to whom the vehicle is transferred.
Where parts of any land are in consequence of paragraph (2) vested in two different authorities, and any easement or other right over one part is required to enable the other part to be used, the authority in whom the said other part is vested may within the 6 months following the appointed day serve notice on the authority in whom the said one part is vested specifying such easement or other right and requiring the authority in whom the said one part is vested to grant the same to them on terms specified in the notice.
Any question—
whether any easement or other right is required to enable the said other part to be used; or
as to the terms on which any easement or other right shall be conferred,
shall be determined by the decision of a person agreed on by the authorities or in default of agreement appointed by the Secretary of State.
The provision made by this article is without prejudice to any agreement which may be made for payment in respect of any property transferred by paragraph (2) or (3).
In this article “the relevant matters”,in relation to any district, means—
in the case of property, property held immediately before the commencement of the Act for the purposes of functions then exercisable under section 21(1)(b) of the National Assistance Act 1948 and used wholly or mainly for those purposes, being—
sited property situated in the district and not used wholly or mainly for the purpose of discharging those functions in respect of another district,
specified property in relation to buildings which are sited property falling within (i) above, or
other property, including sited property not situated in the district and specified property in relation to buildings which are such sited property, which is used wholly or mainly for the purpose of discharging those functions in respect of the district;
in the case of liabilities, liabilities incurred in relation to such functions exclusively in respect of the district;
in the case of contracts, deeds, bonds, agreements and other instruments and notices, such instruments subsisting and notices given in relation to such functions exclusively in respect of the district; and
in the case of actions and proceedings and causes of action or proceeding, such actions and proceedings pending or causes existing in relation to such functions exclusively in respect of the district.
In paragraph (10) above—
“sited property” means—
land, including any interest in land and any easement or right in, to or over land, and
buildings not within the meaning of the term “land”;
and
“specified property”, in relation to any building, means—
the fittings, furniture, equipment and records of the building,
any stores in the building which have been provided for the discharge of functions therein, and
any vehicle or other mobile equipment used wholly or mainly in the performance of the functions carried out in the building.
In the application of paragraph (10) any temporary use of the property shall be disregarded.
Any question—
as to the functions for the purposes of which, immediately before the commencement of the Act, any property was held, any liabilities had been incurred, any contract, deed, bond, agreement or other instrument substituted, any notice had been given or any action or proceeding or cause of action or proceeding related, or
as to whether any property was, immediately before the commencement of the Act, used as described in article 3(10)(a), or
arising under (i), (ii) or (iii) or article 3(10)(a), shall, subject to paragraph (14), be determined by the county council.
If notice is given by a district council that they are dissatisfied with any determination under paragraph (13), the question shall be determined by agreement between the county council and the district council, or failing such agreement by the decision of a person agreed on by those councils or in default of agreement appointed by the Secretary of State.