Article 4 Dissolution of charter trustees on grants of charters
The provisions of this article shall have effect where charter trustees constituted under subsection (4) of section 246 of the Act for any city or town (other than Deal, Dover, Lydd, Folkestone and Margate) are dissolved under subsection (7) of that section on the grant of a charter under section 245 of the Act to the council of the district in which the city or town is comprised (hereinafter referred to as “the district council”).
Any mayor or deputy mayor of the city or town shall cease to hold office as such.
Any local officer of dignity appointed under paragraph (c) of the said subsection (4) shall hold office as if he had been appointed by the district council.
All property and liabilities vested in or attaching to the charter trustees shall by virtue of this order be transferred to and vest in or attach to the district council.
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, the charter trustees shall be of full force and effect in favour of, or against, the district council.
Any action or proceeding or any cause of action or proceeding, pending or existing at the dissolution of the charter trustees, by, or against, the charter trustees shall not be prejudicially affected by reason of the dissolution, and may be continued, prosecuted and enforced by, or against, the district council.
The accounts of the charter trustees and of the committees and officers thereof shall be made up to the dissolution of the charter trustees and shall be audited in like manner and subject to the same incidents and consequences as if the charter trustees had not been dissolved:
Provided that any sum certified by a district auditor as due from any person shall be paid to the district council.
Any officer of the charter trustees shall be transferred to the employment of the district council, and paragraphs (1), (6), (8) and (13) of article 13 of the Local Authorities etc. (Staff Transfer and Protection) Order 1974f1 shall apply to such officer as they apply to officers transferred by an article, scheme or determination mentioned in the said paragraph (1).
In this article “city or town” means an area for which charter trustees act under section 246(4) to (8) of the Act.
This article applies only to England.
Annotations
Footnotes
- f1
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(1974 I, p. 1709).