# The Local Government (Structural Changes) (Transfer of Functions, Property, Rights and Liabilities) Regulations 2008, Regulation 13: Transfers to caretaker councils

Extent: E+W

(1) Where—
(a) there are two or more successor councils in relation to a predecessor council, and
(b) on the date that falls three months before the reorganisation date, there is no agreement between them as to the transfer of particular property, rights or liabilities of the predecessor council (“residual matters”),
the Secretary of State shall nominate such one or more of the successor councils, as the Secretary of State thinks fit, as the council or councils to which, subject to paragraphs (2) and (3), residual matters shall transfer on the reorganisation date (a “caretaker council”).
(2) The Secretary of State’s nomination of more than one council as a caretaker council shall also specify the particular residual matters or the class or description of residual matters that are to transfer to a particular caretaker council.
(3) The successor councils shall use their best endeavours to reach agreement before the reorganisation date as to the transfer of residual matters; and, where an agreement has been made in respect of any residual matter—
(a) the property, rights or liabilities to which the agreement relates shall on that date vest and transfer in accordance with regulation 12(1); and
(b) the Secretary of State’s nomination and specification shall cease to have effect as regards the residual matters to which the agreement relates.
(4) Any residual matter for whose transfer there is no agreement between the successor councils immediately before the reorganisation date shall, on that date, in accordance with the Secretary of State’s nomination and specification, transfer to, and vest in, the caretaker council on trust for itself and the other successor councils.
(5) References in paragraphs (1)(b) and (4) to there being no agreement between successor councils include references to a disputed matter within the meaning of section 16(3) of the Act.

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Source: https://www.legislation.gov.uk/uksi/2008/2176/regulation/13 (the official version)
Page: https://openlegislation.uk/local-government-structural-changes-transfer-of-functions-property-rights-and-liabilities-regulations-2008/regulation-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.