Paragraph 4
Article 12 has effect, within the meaning of items 5, 10, 11, 12, 14 and 15 in the table in this Schedule, in relation to any property, where before 1st April 1974, in respect of such property—
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an agreement has been entered into under paragraph (3), (4) or (5) of that article;
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a determination has been given under paragraph (7) of that article;
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notice has been given under paragraph (3) of article 39.
and in relation to any 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 such property.
TABLE
| (1) | (2) | (3) | (4) |
|---|---|---|---|
| Item No. | Transferor authority | Matters transferred | Transferee authority |
| 1 | The county council of any county | Property acquired by the county council in the exercise of their functions under the Rural Water Supplies and Sewerage Act 1944 or in making contributions to a county district council in respect of works of water supply or sewerage or sewage disposal in any area | The water authority in whose area for sewerage and sewage disposal purposes the area described in column (3) is situated |
| 2 | The County Council of Devon | National park matters in respect of the Exmoor National Park | The County Council of Somerset |
| 3 | The County Council of Yorkshire, West Riding | National park matters in relation to the area of the Yorkshire Dales National Park in Cumbria | The County Council of North Yorkshire |
| 4 | The County Council of Yorkshire, North Riding | National park matters in relation to the area of the North York Moors National Park in Cleveland | The County Council of North Yorkshire |
| 5 | The county council of Berkshire, Buckingham, Chester, Durham, East Suffolk, East Sussex, Gloucestershire, Hampshire, Lancaster, Lincoln, Parts of Lindsey, Northumberland, Nottinghamshire, Somerset, Staffordshire, Surrey, Warwickshire, Worcestershire, Yorkshire, East Riding, Yorkshire, North Riding or Yorkshire, West Riding | District matters in relation to any area of the county included in a new district Other local matters (not being police matters, matters as to which article 12 has effect or matters provided for in items 1, 3 and 4) in relation to any area of the county included in a new county | The council of the district in which the area is comprised The council of the county in which the area is comprised |
| 6. | The county council of Rutland | District matters | The District Council of Rutland |
| 7. | The county council of any county not included in items 5 and 6 | District matters in relation to any area of the county included in a new district | The council of the district in which the area is comprised |
| 8. | The county council of any county other than Rutland | Land situated outside the county falling within the definition of district matters | The council of the district specified in respect of the county council in column (3) of Part I of Schedule 4 |
| 9. | The corporation or council of any county borough | County matters | The council of the county in which the area of the county borough is comprised |
| 10. | The corporation or council of the county borough of Teesside | Local matters other than county matters, police matters, sewerage and sewage disposal matters or matters as to which article 12 has effect in relation to any area of the county borough included in a new district | The council of the district in which the area is comprised |
| 11. | The corporation or council of the borough of Whitley Bay or the council of the urban district of Ashton-in-Makerfield, Billinge-and-Winstanley, Golborne, Ramsbottom, Seaton Valley or Turton | County matters in relation to any area of the borough or district included in a new county Parish matters in relation to any area of the borough or district constituting a parish Other local matters (not being sewerage and sewage disposal matters or matters as to which article 12 has effect) in relation to any area of the borough or district included in a new district | The council of the county in which the area is comprised The parish council of the parish The council of the district in which the area is comprised Land situated outside the borough or district falling within the definition of county matters The council of the county in which the district specified in respect of the corporation or council in Part II of Schedule 4 is comprised |
| 12. | The council of the urban district of Lakes, Queensbury and Shelf or Thurrock | County matters Parish matters in relation to any area of the urban district constituting a parish Other local matters (not being sewerage and sewage disposal matters or matters as to which article 12 has effect) in relation to any area of the urban district included in a new district | The council of the county in which the area of the urban district is comprised The parish council of the parish The council of the district in which the area is comprised |
| 13. | The corporation or council of any non-county borough or the council of any urban district not included in items 11 and 12 | County matters Where a parish is constituted under Part V of Schedule 1 to the Act, parish matters, and the historic and ceremonial property and in particular the charters, insignia and plate, of the borough or district | The council of the county in which the area of the borough or district is comprised The parish council of the parish |
| 14. | The council of the rural district of Axbridge, Bridlington, Bucklow, Castle Ward, Chester-le-Street, Clutton, Dorking and Horley, Easington, East Retford, Eton, Hemsworth, Lothingland, Meriden, Osgoldcross, Ringwood and Fordingbridge, Skipton, Sodbury, Stokesley, Stratford-on-Avon, Tadcaster, Thornbury, Wantage, West Lancashire, Wetherby, Wharfedale, Whiston, Wigan or Worksop | County matters in relation to any area of the district included in a new county Other local matters (not being sewerage and sewage disposal matters or matters in respect of which article 12 has effect) in relation to any area of the district included in a new district Land situated outside the rural district falling within the definition of county matters | The council of the county in which the area is comprised The council of the district in which the area is comprised The council of the county in which the district of the council specified in respect or the council of the rural district in column (2) of Part II of Schedule 4 is comprised |
| 15. | The council of the rural district of Basford, Blackburn, Blofield and Flegg, Brixworth, Burnley, Chelmsford, Chesterfield, Chichester, Croft, Cuckfield, Darlington, Dartford, Droitwich, Eastry, Epping and Ongar, Gloucester, Hertford, Kettering, Lichfield, Market Bosworth, Norman Cross, Northampton, Pershore, Preston, Runcorn, St. Albans, St. Thomas, Shifnal, South East Derbyshire, Stockton, Strood, Thirsk, Tonbridge, Watford, Wellingborough, Winchester, Winslow, Worthing or Wortley | County matters Other local matters (not being sewerage and sewage disposal matters or matters in respect of which article 12 has effect) in relation to any area of the district included in a new district | The council of the county in which the area of the rural district is comprised The council of the district in which the area is comprised |
| 16. | The council of the rural district of Alston with Garrigill, Disley or Tintwistle | County matters Parish matters | The council of the county in which the area of the district is comprised The parish council of the parish co-extensive with the district |
| 17. | The council of any rural district not included in items 14–16 | County matters | The council of the county in which the area of the district is comprised |
| 18. | The parish authority of any divided parish | ||
| In the case of the divided parish of Abbots Langley, Birtley, Blagdon, Brafield-on-the Green, Burrington, Great Houghton, Harworth, Milton Malsor, Rothersthorpe, Shifnal or Sopley | (a) Burial matters | The parish councils of the parishes, or where there is no parish the council of the district, in which parts of the area of the parish are comprised | |
| In all cases | (b) Subject to (a), local matters in relation to any area of the parish included in any parish | The parish authority of the parish in which the area is comprised | |
| (c) Subject to (a), local matters in relation to any other area of the parish | The council of the district in which the area is comprised | ||
| 19. | The corporation or council of any borough or the council of any urban district or rural district | (a) Rights acquired or liabilities incurred in relation to the cost of construction in any area of any public sewer or sewage disposal works constructed under powers other than the Public Health Act 1936 or enactments replaced by that Act 1936 prior to its declaration as a public sewer or sewage disposal works (b) Subject to (a), where the area of the borough, urban district or rural district is comprised in the area for sewerage and sewage disposal purposes of one water authority, sewerage and sewage disposal matters (c) Subject to (a), where the area of the borough, urban district or rural district is comprised in the area for sewerage and sewage disposal purposes of two or more water authorities, sewerage and sewage disposal matters being local matters in relation to any area of the borough, urban district or rural district comprised in the area of a water authority | The authority exercising such powers in that area on and after 1st April 1974 The water authority The water authority |
| 20. | The Avon and Dorset River Authority | Local matters in relation to any part of the area of the Authority included in the Wessex or South West Water Authority's area | The Wessex or South West Water Authority |
| 21. | The Essex River Authority | Local matters in relation to any part of the area of the Authority included in the Anglian or Thames Water Authority's area | The Anglian or Thames Water Authority |
| 22. | The Kent River Authority | Local matters in respect of functions other than land drainage in relation to any part of the area of the Authority included in the Southern or Thames Water Authority's area | The Southern or Thames Water Authority |
| 23. | The Severn River Authority | Local matters in respect of functions other than land drainage and fisheries in relation to any part of the area of the Authority included in the Severn-Trent or Wessex Water Authority's area | The Severn-Trent or Wessex Water Authority |