Statutory Instrument 1987 No. 1446

The Local Government Reorganisation (Property) (Greater Manchester) Order 1987

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© Crown Copyright 1987

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1987 No. 1446

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Reorganisation (Property) (Greater Manchester) Order 1987

Whereas the Greater Manchester Residuary Body, acting pursuant to section 67(2) of the Local Government Act 1985^[1], has submitted proposals to the Secretary of State for the transfer of certain of its properties to local authorities, and he has decided to give effect to those proposals without modification:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 67(3) of that Act, and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement
    1.    This Order may be cited as the Local Government Reorganisation (Property) (Greater Manchester) Order 1987 and shall come into force on 8th September 1987.

Interpretation and general provision
    2.—(1)  In this Order—

"the abolished council" means the Greater Manchester County Council;


"highway" means any highway for which the abolished council was the highway authority;


"local council" in relation to any land (including any length of highway) means the council of the metropolitan district within which such land is situated; and


"the residuary body" means the Greater Manchester Residuary Body.

    (2)  There shall vest in any body in which land is vested by this Order all rights and liabilities of the residuary body acquired or incurred exclusively in connection with that land.

Land held by the abolished council for highway or road traffic purposes
    3.—(1)  Any land (other than land described in Schedule 1 to this Order) which—


(a)  was held on 1st April 1974 by the abolished council for any of the purposes mentioned in paragraph (2), and


(b)  immediately before 1st April 1986 was held by that council for any such purpose,
shall vest in the local council.

    (2)  The purposes referred to in paragraph (1) are—


(a)  the construction, maintenance or improvement of a highway;


(b)  the improvement or development of frontages to a highway or of land adjoining a highway.

Land below a highway
    4.    Where on 1st April 1986 by virtue of section 263 of the Highways Act 1980^[2] any highway in Greater Manchester vested in a local council, any interest of the residuary body in any land below such highway shall vest in that council.

Land held by the abolished council for environmental purposes
    5.—(1)  Any land (other than land described in Schedule 2 to this Order) which was, immediately before 1st April 1986, held by the abolished council for any purpose mentioned in paragraph (2) shall vest in the local council.

    (2)  The purposes referred to in paragraph (1) are the purposes of the functions of the abolished Council relating to—


Parks (including country parks)
Open spaces and burial grounds
Caravan sites
Camping sites
Picnic sites
Sporting and recreational facilities
The improvement of derelict, neglected or unsightly land.

Trading and industrial estates
    6.    There shall vest in Bolton Metropolitan Borough Council the land specified in Schedule 3 to this Order and that land shall be held by the Council for the joint use and benefit of itself and of all the councils of the other districts in the county of Greater Manchester.

Transfer of specified property
    7.    The former London Road Fire Station, Manchester registered at Her Majesty's Land Registry under Title Number GM.390404 shall vest in the Greater Manchester Fire and Civil Defence Authority.

[1] 1985 c. 51. back

[2] 1980 c. 66. On 1st April 1986, by virtue of section 8 and Schedule 4 to the Local Government Act 1985, metropolitan district councils became highway authorities for their areas, and by virtue of section 263 the highways vested in such councils. back

Explanatory Note