Statutory Instrument 1987 No. 1463

The Local Government Reorganisation (Property, etc.) (Merseyside) Order 1987

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© Crown Copyright 1987

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1987 No. 1463

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Reorganisation (Property, etc.) (Merseyside) Order 1987

Whereas the Merseyside 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 property, rights and liabilities 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 sections 67(3) and 101 of that Act, and of all other powers enabling him in that behalf, hereby makes the following Order:

    1.    This Order may be cited as the Local Government Reorganisation (Property, etc.) (Merseyside) Order 1987 and shall come into force on 9th September 1987.

Specified Property
    2.    There shall vest in the Wirral Metropolitan Borough Council the property listed below, which consists of the land registered with Her Majesty's Land Registry under the title number indicated—

Property	Title Number
The site of the former Central Electricity Generating Board Bromborough Power Station, Power Road, Bromborough	MS 179869
Land at Slack Wood, Power Road, Bromborough	MS 206807
Land lying to the north of Larton Hey Farm, Greasby.	MS 23642

    3.    There shall vest in Liverpool City Council the property known as the Driver Training Centre, Sefton Street, Liverpool.

Liverpool City Walkways
    4.—(1)   Any interest of the Merseyside Residuary Body in any city walkway provided in pursuance of section 7 of the Liverpool Corporation Act 1969 ("the 1969 Act" )^[2] shall vest in Liverpool City Council, and the functions formerly exercisable by the Merseyside County Council under Part II of that Act^[3] shall be exercisable by that City Council.

    (2)  The following provisions are repealed—
 (a) in section 4 of the 1969 Act, the words ""the Corporation' means the Merseyside County Council"^[4] , and
 (b) in Part II of Schedule 3 to the County of Merseyside Act 1980^[5] , the words from "In Part II" to the end of the Schedule.

Highways Land
    5.    Where on 1st April 1986 by virtue of section 263 of the Highways Act 1980^[6] , any highway in Merseyside vested in a metropolitan district council, any interest of the Merseyside Residuary Body in any land below such highway shall vest in that council.

    6.    Any interest in land, and any rights and liabilities, vested in the Merseyside Residuary Body in pursuance of any agreement for the construction or improvement of a highway entered into by the Merseyside County Council, or any highway authority to which that Council was successor, shall vest in the metropolitan district council which is the highway authority in respect of that highway.

Rights and liabilities
    7.    All rights and liabilities acquired or incurred by the Merseyside Residuary Body exclusively in connection with any property transferred by this Order shall vest in the local authority to which that property is transferred.

Nicholas Ridley

Secretary of State for the Environment

13th August 1987

This Order transfers certain properties formerly vested in the Merseyside County Council and, since the abolition of that Council by the Local Government Act 1985, owned by the Merseyside Residuary Body, to the councils of the districts in which they are situated.

Article 2 transfers three derelict land sites to Wirral Metropolitan Borough Council.

Article 3 transfers to Liverpool City Council a driver training centre.

Article 4 transfers to Liverpool City Council any interest of the Residuary Body in the Liverpool city walkways and the statutory functions in respect thereof. It also effects consequential repeals.

Article 5 transfers the sub-soil of highways, and article 6 interests in land, and any rights and liabilities arising from highway construction or improvement agreements, to the appropriate district council.

Article 7 makes provision for the transfer of rights and liabilities associated with property transferred by the Order.

[1] 1985 c. 51. back

[2] 1969 c. 1v. back

[3] in pursuance of the amendment made by Part II of Schedule 3 to the County of Merseyside Act 1980 (c.x.). back

[4] inserted by the amendment referred to at (b). back

[5] 1980 c.x. back

[6] 1980 c. 66. On 1st April, 1986, by virtue of section 8 and Schedule 4 of 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