# The Local Government (Structural Changes) (Transfer of Functions, Property, Rights and Liabilities) Regulations 2008, Regulation 11: Agreements in relation to property, etc: supplementary provision

Extent: E+W

(1) This regulation applies in relation to—
(a) property which is not associated property or relevant shares;
(b) property which is land;
(c) rights or liabilities in respect of such property; and
(d) rights or liabilities in respect of money borrowed by a predecessor council.
(2) The successor councils shall use their best endeavours to secure that, subject to paragraph (3), an agreement provides—
(a) for property of the description in paragraph (1)(a), to transfer to one (and only one) of the successor councils;
(b) for property which is land and has been identified as surplus to the requirements of both or all of the successor councils for the purposes of, or in connection with, the exercise of functions on and after the reorganisation date, to be disposed of; and
(c) for the distribution among the successor councils of receipts from the disposal of property referred to in sub-paragraph (b).
(3) An agreement shall not specify different successor councils in relation to —
(a) any property identified in the agreement which forms part of a relevant collection; or
(b) any rights or liabilities exclusively in respect of any such property,
and, for these purposes, “relevant collection” means —
(i) any collection of archives or other records of general or local interest held as such by a predecessor council; or
(ii) any collection of a museum or gallery provided or maintained by a predecessor council.
(4) In paragraph (1)(a) “relevant shares” means shares held in a company which is under the control of a local authority within the meaning of section 68 of the Local Government and Housing Act 1989 Act (but with the omission from subsection (1) of that section of the words “unless the Secretary of State otherwise directs”); and “share” has the same meaning as in the Companies Act 1985.

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Source: https://www.legislation.gov.uk/uksi/2008/2176/regulation/11 (the official version)
Page: https://openlegislation.uk/local-government-structural-changes-transfer-of-functions-property-rights-and-liabilities-regulations-2008/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.