Statutory Instrument 1989 No. 2470

      The Merseyside Residuary Body (Winding Up) Order 1989


      © Crown Copyright 1989

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STATUTORY INSTRUMENTS

1989 No. 2470

LOCAL GOVERNMENT, ENGLAND AND WALES

The Merseyside Residuary Body (Winding Up) Order 1989

Made 20th December 1989
Laid before Parliament 9th January 1990
Coming into force 30th January 1990

    Whereas the Merseyside Residuary Body, acting pursuant to section 67(1)(b) of the Local Government Act 1985[1], has submitted a scheme to the Secretary of State for its winding up, and the disposal of its remaining functions, property, rights and liabilities—
    And whereas the Secretary of State has decided to give effect to that scheme:
    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—


PART I
    Citation, commencement and interpretation
        1.—(1)  This Order may be cited as the Merseyside Residuary Body (Winding Up) Order 1989 and shall come into force on 30th January 1990.

        (2)  In this Order—
      "the 1980 Act" means the Local Government, Planning and Land Act 1980[2];

      "the 1985 Act" means the Local Government Act 1985;

      "the abolished council" means the former Merseyside County Council;

      "the county" means the county of Merseyside;

      "expenditure" in relation to Liverpool or Wirral includes administrative expenses properly incurred by them;

      "the local council" means the council of a district in the county and in relation to property means the council of the district in which the property is situated;

      "property", except in article 11, does not include cash or the balance of any fund or account;

      "the Residuary Body" means the Merseyside Residuary Body;

      "Liverpool" means the council of the City of Liverpool;

      "Wirral" means the council of the metropolitan borough of Wirral; and

      "the transfer date" means 31st January 1990.

        (3)  For the purposes of any provision of this Order, other than article 5, which requires the payment or recovery of sums in the appropriate proportions,
       (a) the appropriate proportion in relation to any council is the proportion equal to the proportion which the population of the area of that council bears to the population of the county; and
       (b) the population of an area shall be taken to be the number estimated by the Registrar General and certified by him to the Secretary of State by reference to the 30th June which falls 21 months before the beginning of the financial year in which the payment falls to be made or the sum recovered, as the case may be.



Notes:

[1] 1985 c. 51. back

[2] 1980 c. 65. back

 

Explanatory Note


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Prepared 20th September 2000