Article 8 Property, liabilities, contracts, etc., notices and proceedings

(1)

(a)

Any property described in column (2) of the Schedule to this order of an authority named in column (1) and all liabilities attaching to the said authority in respect of any such property shall be virtue of this order be transferred to and vest in or attach to the authority specified in respect of such property in column (3), and—

(i)

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 authority named in the said column (1) in respect of such property or liabilities shall be of full force and effect in favour of, or against, the authority specified in column (3); and

(ii)

any action or proceeding or any cause of action or proceeding, pending or existing immediately before the coming into operation of this order, by, or against, the authority named in the said column (1) in respect of such property or liabilities shall not be prejudicially affected by reason of this article, and may be continued, prosecuted and enforced by, or against, the authority specified in column (3).

(b)

Articles 11, 17, 23, 28, 29, 32, 33, 34(2), 35, 38 and 39 of the Local Authorities (England) (Property etc.) Order 1973 and articles 7 and 8 of the Local Authorities etc. (England) (Property etc.: Further Provision) Order 1974 shall apply as if sub-paragraph (a) above and the Schedule to this order were contained in the said order of 1973.

(c)

This paragraph does not extend to Wales.

(2)

(a)

This paragraph applies to any sewage disposal works which before 1st April 1974—

(i)

had been constructed by a specified council only for the purposes of draining property belonging to them (or had been so constructed by any other person and had come to belong to a specified council); and

(ii)

had not been declared to vest in the local authority for the purposes of the Public Health Act 1936;

and which are immediately before the coming into operation of this order vested in an authority established in accordance with section 2 of the Water Act 1973 (in this paragraph referred to as “the water authority”).

In this sub-paragraph, “specified council” meansthe corporation or council of a county borough, London borough or county district, the Greater London Council or the Corporation of the City of London.

(b)

Any sewage disposal works to which this paragraph applies and all liabilities attaching to the water authority in respect of such works shall by virtue of this order be transferred to and vest in or attach to the authority in whom such works were vested immediately before 1st April 1974 or if such authority has ceased to exist the authority in which the property described in item (i) of sub-paragraph (a) is vested, and—

(i)

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 said water authority in respect of such works or liabilities shall be of full force and effect in favour of, or against, the authority described in this sub-paragraph; and

(ii)

any action or proceeding or any cause of action or proceeding, pending or existing immediately before the coming into operation of this order, by, or against, the water authority in respect of such works or liabilities shall not be prejudicially affected by reason of this article, and may be continued, prosecuted and enforced by, or against, the authority described in this sub-paragraph.

(3)

All property and liabilities at the commencement of this order vested in the Parish Council of Londonthorpe and Harrowby Without (hereinafter referred to as “the Parish Council”), or in that council and the District Council of South Kesteven (so referred to as “the District Council”) jointly, for the purposes of the functions conferred by section 214 of the Act shall by virtue of this order be transferred to and vest in or attach to the District Council, and—

(a)

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 Parish Council, or that council and the District Council jointly, in respect of such property or liabilities shall be of full force and effect in favour of, or against, the District Council; and

(b)

any action or proceeding or any cause of action or proceeding, pending or existing immediately before the coming into operation of this order, by, or against, the Parish Council, or that council and the District Council jointly, in respect of such property or liabilities shall not be prejudicially affected by reason of this article, and may be continued, prosecuted and enforced by, or against, the District Council.

(4)

All property and liabilities vested in or attaching to the Charter Trustees of the Town of Lowestoft shall by virtue of this order be transferred to and vest in or attach to the District Council of Waveney.

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 said Trustees shall be of full force and effect in favour of, or against, the said District Council.

Any action or proceeding or any cause of action or proceeding, pending or existing immediately before the coming into operation of this order, by, or against, the said Trustees shall not be prejudicially affected by reason of this article, and may be continued, prosecuted and enforced by, or against, the said District Council.