Statutory Instrument 1987 No. 1579

The Local Government Reorganisation (Pensions etc.) (Greater Manchester and Merseyside) Order 1987

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1987 No. 1579

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Reorganisation (Pensions etc.) (Greater Manchester and Merseyside) Order 1987

The Secretary of State for the Environment, in exercise of the powers conferred on him by section 67(3) of the Local Government Act 1985^[1] , and of all other powers enabling him in that behalf, to effect transfers proposed to him under section 67(1)(a) of that Act, hereby makes the following Order:

Citation, commencement and interpretation
    1.—(1)  This Order may be cited as the Local Government Reorganisation (Pensions etc.) (Greater Manchester and Merseyside) Order 1987 and shall come into force on 1st October 1987.

    (2)  In this Order —
"the Act" means the Local Government Act 1985;
"transferor authority" means a body from which matters are transferred by article 2; and
"transferee authority" means a body to which matters are transferred by article 2

Transfer of pension and other functions
    2.    On 1st October 1987 —
 (a) the functions, property, rights and liabilities of the Greater Manchester Residuary Body which are specified in the Schedule shall become the functions, property, rights and liabilities of the council of the borough of Tameside; and
 (b) the functions, property, rights and liabilities of the Merseyside Residuary Body which are specified in the Schedule shall become the functions, property, rights and liabilities of the council of the borough of Wirral.

Reimbursement
    3.—(1)  The total for any financial year of the expenditure described in paragraph (2) of a transferee authority shall be apportioned between all the district councils in the county in which the authority is situated in proportion to the population of their districts, as that population is certified for the making of levies with respect to that year under section 74(2) of the Act (levies by residuary bodies); and the appropriate portions shall be recoverable by the authority from each of the other district councils.

    (2)  The expenditure referred to in paragraph (1) is the expenditure of the transferee authority with respect to the matters mentioned in paragraph 1(b) and (c) of the Schedule (including the costs of the authority incidental to the making of any payments in connection with those matters) less —
 (a) any amounts received by the authority with respect to those matters in consequence of this Order, and
 (b) any amount of such expenditure as would have fallen to be met by the authority (otherwise than under section 74 of the Act) apart from this Order.

    (3)  In the event of a dispute between a transferee authority and another council as to the amount of any expenditure referred to in paragraph (2), as between the authority and that council the amount is to be determined by an arbitrator appointed by the Secretary of State; and section 31 of the Arbitration Act 1950^[2] shall have effect in relation to the arbitration as if it were an arbitration to which that section applies.

    (4)  Notwithstanding any winding up of a transferor authority pursuant to section 67 of the Act, the functions of the Registrar General and the Secretary of State under section 74(2) of the Act shall continue with respect to the certification of population for the purposes of the reimbursement of a transferee authority under this article.

Continuity of the exercise of functions
    4.—(1)  Anything done by or in relation to (or having effect as if done by or in relation to) a transferor authority in the exercise of or in connection with a matter transferred by article 2 shall, so far as is required for continuing its effect on or after 1st October 1987, have effect as if done by or in relation to the transferee authority to which that matter is transferred.

    (2)  Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any application, decision, or determination, to the giving of any notice, to the entering into of any agreement or other instrument, and to the bringing of any action or proceeding; but it shall not be construed as transferring any employee of a transferor authority to the employment of a transferee authority.

    (3)  Any pending action or proceeding may be amended in such manner as may be necessary or proper in consequence of this Order.

Other supplementary provision
    5.—(1)  The Local Government Superannuation Regulations 1986^[3] are amended as follows —
 (a) in regulation C1(7A), by substituting for the Table the following Table —
TABLE

(1)	(2)
Greater Manchester	Tameside
Merseyside	Wirral
Tyne and Wear	South Tyneside
West Midlands	Wolverhampton
West Yorkshire	Bradford

 (b) in regulation P1(1), by substituting for the words "section 66" the words "sections 66 or 67" .

    (2)  Without prejudice to the generality of article 4 (continuity of the exercise of functions) —
 (a) any admission agreement within the meaning of the Local Government Superannuation Regulations 1986 in force immediately before 1st October 1987 whereby employees of any body were, or could become, admitted employees participating in the benefits of a superannuation fund maintained under those Regulations by a transferor authority shall be of full force and effect in favour of, or against, the transferee authority to which that fund is transferred by article 2;
 (b) where a person has ceased to contribute to such a fund and has not become a contributor to any other superannuation fund maintained under those Regulations, the transferred fund shall on and after 1st October 1987 be deemed to be the fund to which he was last a contributor; and
 (c) the transferee authority maintaining a superannuation fund transferred by article 2 is to be treated as being the previous fund authority for the purposes of Part Q of those Regulations in place of the transferor authority from which it was transferred.

    (3)  Section 61(5) of the Act shall continue to have effect, so that no liability to reimburse a transferee authority in respect of any payment made by it shall attach to the Secretary of State, the Arts Council of Great Britain or the Historic Buildings and Monuments Commission for England where no liability to reimburse the transferor authority would have attached to them if this Order had not been made and the payments concerned had been made by the transferor authority; and paragraphs 64A and 64B of Schedule 2 to the Pensions (Increase) Act 1971^[4] shall continue to have effect as if references to a pension payable by a residuary body included references to a pension payable by a transferee authority.

Nicholas Ridley

Secretary of State for the Environment

7th September 1987

[1] 1985 c. 51. back

[2] 1950 c. 27; section 31 was repealed in part by the Arbitration Act 1975 (c. 3), section 8(2), and amended by the Arbitration Act 1979 (c. 42), section 7(1). back

[3] S.I. 1986/24, amended by S.I. 1986/380 and 1987/293. back

[4] 1971 c. 56; paragraphs 64A and 64B of Schedule 2 were inserted by the Local Government Act 1985 (c. 51), section 61(2). back

Explanatory Note