Explanatory note

These regulations amend the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995 (“the Property Regulations”) which make provision of general application for the transfer of the property, rights and liabilities of local authorities which are subject to structural or boundary changes under the Local Government Act 1992.

Part II of the Property Regulations is amended to include specific provision in respect of the property of existing fire authorities. Regulation 3 is amended to exclude a category of property, rights and liabilities of fire authorities from the scope of Part II. Regulation 5 of those Regulations will no longer apply in respect of property of fire authorities which is held or used partly for fire purposes and partly for other purposes. Such property will instead be dealt with in accordance with the new regulations 5A and 5B inserted by these Regulations: these enable such property to be vested in accordance with agreements made between affected local authorities and combined fire authorities.

Regulation 7 of the Property Regulations is amended to provide for residual rights and liabilities of abolished authorities to vest in accordance with the categories of description in the new paragraphs (4A) and (4B) inserted in that regulation by these Regulations.

Regulation 8 is amended to enable the relinquishing and the acquiring authority in relation to a transferred area to make agreements, during the six months following a reorganisation date, in respect of property, rights or liabilities which were not identified before that date.

Regulation 19 of the Property Regulations is amended so that its provisions relating to arbitration may also apply where property, rights or liabilities are vested by an order under section 17 of the 1992 Act.

Other minor and drafting amendments are made by these Regulations.