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Regulation 4 Continuity of matters

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Anything which, before the reorganisation date, is in the process of being done by, to or in relation to a transferor authority—

(a)

with respect to the transferred area; and

(b)

in the exercise of, or in connection with its functions and powers as a local authority for that area—

may be continued by or in relation to the transferee authority of the same tier.

(2)

For the purposes of paragraph (1) (but without prejudice to its generality)—

(i)

the things which may be continued shall include any legal actions or proceedings, any written application, note, direction, objection or representation of any kind, the enforcement of any byelaws (including any regulation, scale of charges, lists of tolls and any table of fees and payments) and any licence or registration effected pursuant to any enactment; and

(ii)

anything being done by, to or in relation to a transferor authority shall include anything which is deemed to be being done by that authority, or is treated as being so done.

(3)

Where a matter is continued pursuant to paragraph (1)—

(a)

any act or omission by or in relation to the transferor authority before the reorganisation date shall be treated as an act or omission of the transferee authority; and

(b)

any reference to the transferor authority in any document relating to such a matter shall be construed as a reference to the transferee authority.