The London Residuary Body (Transfer of Property etc) Order 1990
© Crown Copyright 1990 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The London Residuary Body (Transfer of Property etc) Order 1990, ISBN 0110034198. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| ||||||||
LONDON GOVERNMENT The London Residuary Body (Transfer of Property etc) Order 1990
1.—(1) This Order may be cited as the London Residuary Body (Transfer of Property etc) Order 1990 and shall come into force on 29th March 1990. (2) In this Order-
(3) For the purposes of any provision of this Order which requires the payment or recovery of sums in the appropriate proportions-
(4) Nothing in this Order shall transfer any functions, property, rights or liabilities which the Residuary Body has or is to receive pursuant to the provisions of the Education Reform Act 1988. (5) The provisions of this Order are subject to any contrary provision made by-
2.—(1) On the transfer date all interests of the Residuary Body in-
(2)
(3) The sum referred to in paragraph (2) shall be reduced by such amount as the Residuary Body may certify has been expended by it on or in connection with works of repair to the property transferred by paragraph (1)(b). (4) The sum transferred by virtue of paragraph (2) shall be applied for defraying expenditure only on or in connection with works of improvement or repair to the properties transferred by paragraph (1)(b). (5) Subject to paragraph (6), all rights and liabilities of the Residuary Body acquired or incurred in connection with, and all records relating exclusively to, property transferred by paragraph (1) shall vest in the council to which it is so transferred. (6) The following rights and liabilities of the Residuary Body shall not transfer under paragraph (5)-
3.—(1) On the transfer date all interests of the Residuary Body in-
(2) Subject to paragraph (3), all rights and liabilities of the Residuary Body acquired or incurrred in connection with, and all records relating exclusively to, interests in land transferred by paragraph (1) shall vest in the council to which such interests are so transferred. (3) The net proceeds arising from any sale or other disposal within a period of ten years from the transfer date of any interest transferred by paragraph (1) shall be paid to Bromley. (4) In paragraph (3), "net proceeds" means the amount received by Bexley or by Greenwich, as the case may be, in respect of the sale or other disposal of any interest transferred by paragraph (1) less any reasonable expenses incurred by Bexley or by Greenwich in connection with that sale or disposal. (5) For the purposes of paragraphs (3) and (4) "disposal" means disposal by operation of law or otherwise.
4.—(1) Subject to article 2 of this Order and to paragraph (2), on the transfer date-
(2) The interests of the Residuary Body in the land described in Schedule 3 to this Order shall not transfer under paragraph (1). (3) On the transfer date the property specified in Column 1 of Schedule 4 to this Order shall vest in the authority specified in Column 2. (4) Subject to article 9, all rights and liabilities of the Residuary Body acquired or incurred in connection with, and all records relating exclusively to, interests in land or property transferred by paragraphs (1) or (3) shall vest in the council or body to which such interests or property are so transferred. (5) Where prior to the transfer date the Residuary Body has disposed of any interest in land subject to a covenant that the Residuary Body shall in certain circumstances either receive money or make payments the benefit or the burden of that covenant, as the case may be, shall vest in Bromley.
5.—(1) On the transfer date all interests of the Residuary Body as mortgagee in-
(2) The London Government Reorganisation (Mortgages) Order 1988[9] shall apply to the mortgage interests transferred by paragraph (1) as if those interests had been transferred by that Order, except that references in that Order to "the transfer date" shall, insofar as the interests transferred by paragraph (1) are concerned, be construed as references to the transfer date as defined in article 1(2) of this Order.
6.—(1)
(2) The sum referred to in paragraph (1) shall be applied by Bromley to defray expenditure incurred by it in consequence of the provisions of this Order. (3) If the defraying of expenditure does not exhaust the sum referred to in paragraph (1) Bromley shall apportion the remaining amount among the local councils and the Common Council; and shall pay the appropriate proportion to each of the other local councils and the Common Council and retain the balance.
7.—(1) Any payment which by virtue of any provision of the 1980 Act would but for this Order have fallen, by virtue of section 81 of the 1985 Act, to be made by or to the Residuary Body shall be made by or to the local councils in the appropriate proportions. (2) For the purposes of paragraph (1)-
(3) Any information, notice or request under sections 65, 66 or 67 of the 1980 Act[10] which but for this article would have fallen to be given or made by or to the Residuary Body shall be given or made by or to Bromley.
8.—(1) On the transfer date all rights and liabilities of the Residuary Body in respect of-
(2)
(3) On the transfer date all rights and liabilities of the Residuary Body in respect of loan stocks issued by the abolished council or by the former London County Council which have been redeemed shall vest in the LPFA. (4) On the transfer date the Residuary Body shall pay the LPFA an amount equal to any unclaimed sums outstanding in respect of loan stock (whether or not redeemed) less any amount held by the Chief Registrar of the Bank of England in respect of such unclaimed sums. (5) The sum transferred by paragraph (2)(b)-
(6) The net interest received by the LPFA from the sum transferred to them by paragraph (2)(b) shall be applied for defraying expenditure (if any) incurred in respect of the functions, property, rights and liabilities transferred to the LPFA by article 3 of the London Government Reorganisation (Pensions etc) Order 1989, or otherwise as the Secretary of State may direct. (7) "Net interest" in paragraph (6) above means the interest earned from the investment of the sum transferred by paragraph (2)(b) less any interest payable in respect of the stock referred to in paragraph (1) and any expenses incurred by the LPFA in the management of that stock. (8) The Local Authority (Stocks and Bonds) Regulations 1974[11] are amended-
(9) For the purposes of section 47 of the 1989 Act (security for money borrowed etc) the stock referred to in paragraph (1) shall be treated as money borrowed by the LPFA. (10) The stock referred to in paragraph (1) shall be excluded from any determination made by the LPFA under section 45(1) of the 1989 Act (the authority's own limits).
9.—(1) On the transfer date any interest of the Residuary Body in the subject matter of the proceedings specified in Columns 1 to 3 of Part I of Schedule 5 to this Order and all rights and liabilities of the Residuary Body in those proceedings shall vest in the authority or body specified in Column 4. (2) On the transfer date all rights and liabilities of the Residuary Body in relation to any cause of action or proceeding which is or may be associated in any way with any of the proceedings transferred by paragraph (1) shall vest in the authority or body to which such proceedings are so transferred. (3) On the transfer date all rights and liabilities of the Residuary Body in respect of the Contract specified in Part II of Schedule 5 to this Order shall vest in Greenwich. (4) All rights of the Residuary Body to claim compensation in respect of any interests in land owned or formerly owned by it which are being or have been acquired compulsorily by the London Docklands Development Corporation shall on the transfer date vest in Bromley.
10.—(1) On the transfer date the interests of the Residuary Body in the items which formed the collection known as the Middlesex Guildhall Collection, and which are specified in loan agreements dated 21st March 1989 and 12th September 1989 and signed by Mrs Wendy West on behalf of the Residuary Body and Mr David Adlington on behalf of the Lord Chancellor's Department, shall vest in the council of the London Borough of Harrow ("Harrow"). (2)
(3) The sum referred to in paragraph (2) shall be reduced by such amount as the Residuary Body may certify has been expended by it before the transfer date under a contract for restoration works made between the Residuary Body and the Castle Howard Conservation Centre. (4) The money transferred by virtue of paragraph (2)(b) shall be applied by Harrow only for defraying expenditure on or in connection with the display, security, repair and maintenance of the items vested in them by paragraph (1). (5) On the transfer date the interests of the Residuary Body in a collection of portraits of Chairmen of the abolished council and of the London County Council and of certain other artefacts specified in a loan agreement dated 31st March 1989 between the Residuary Body and the Common Council shall vest in the Common Council.
11.—(1) This article applies to-
(2) On the transfer date all records to which this article applies and any copyright in them shall vest in the Common Council. (3)
(4) The sum transferred by paragraph (3)(b) shall be applied by the Common Council only for defraying expenditure on or in connection with the provision of accommodation for the storage of the records vested in them by paragraph (2). (5) For the purposes of paragraph (3) "direct capital receipts" has the same meaning as in article 2(1) of the Local Government Reorganisation (Capital Money) (Greater London) Order 1989[12]. (6) The Residuary Body shall have the right to inspect and to be supplied with copies of any records transferred by this article.
12.—(1) On the transfer date all rights and liabilities of the Residuary Body in relation to the following shall vest in Bromley-
(2) For the purposes of paragraph (1)(a) "debt" does not include debt in respect of borrowed money. (3) On the transfer date all rights and liabilities of the Residuary Body in respect of or in connection with work carried out by the abolished council under the Thames Barrier and Flood Prevention Act 1972[14] ("the 1972 Act") and the Land Drainage Act 1976[15] ("the 1976 Act") shall vest in the National Rivers Authority, save that any outstanding sums in respect of grants made to the abolished council under section 91 of the 1976 Act pursuant to section 42 of the 1972 Act shall be paid to the Residuary Body. (4) Where the abolished council or its predecessors or, prior to the transfer date, the Residuary Body, have entered into any covenant affecting land with a local council, a county council, a district council or the Common Council, the benefit or the burden of that covenant, as the case may be, shall vest in Bromley. (5) On the transfer date all rights and liabilities of the Residuary Body arising from or connected with the matters specified in Column 1 of Schedule 7 to this Order shall vest in the authority specified in Column 2. (6) Subject to the preceding provisions of this Order and to paragraph (7), all other rights and liabilities of the Residuary Body in relation to land shall vest in the local council, or, if such property is situated in their area, in the Common Council, or the district council. (7) Nothing in this article shall transfer any rights and liabilities of the Residuary Body-
14.—(1) In each financial year commencing with the financial year beginning on 1st April 1990 Bromley shall pay to each of the other local councils and to the Common Council the appropriate proportion of an amount equal to Bromley's capital receipts in respect of-
(2) The balance of the capital receipts shall be retained by Bromley. (3) Any capital receipts paid to a local council or the Common Council pursuant to paragraph (1) and the balance of the capital receipts retained by Bromley pursuant to paragraph (2) shall be treated for the purposes of Part IV (revenue accounts and capital finance of local authorities) of the 1989 Act as a capital receipt of the council. (4) For the purposes of section 59 of the 1989 Act the reserved part of-
(5)
(6) Sums received by Bromley in respect of the disposal of assets vested in them by articles 4(1)(a), 4(1)(b), 4(1)(d), 4(1)(e), 4(5), 9(4), 12(1)(d) and 12(1)(e) and sums paid to them under article 3(3) of this Order shall not be capital receipts for the purposes of Part IV of the 1989 Act. (7) Any sums received by Bexley or Greenwich in respect of the sale or disposal by operation of law or otherwise of any interest transferred by article 3(1) of this Order shall not be capital receipts for the purposes of Part IV of the 1989 Act.
15.—(1) All other sums realised by Bromley by or in consequence of the transfer by articles 4(1)(a), 4(1)(b), 4(1)(d), 4(1)(e), 9(4), 12(1) and 12(4) of this Order of any interests in land, property, benefit or rights shall after deduction of any relevant expenditure be apportioned among the local councils and the Common Council; and Bromley shall, not later than the end of the financial year in which such sums are received, pay the appropriate proportion to each of the other local councils and the Common Council and shall retain the balance. (2) If in any financial year the aggregate in that year of the sums referred to in paragraph (1) is insufficient to meet any relevant expenditure of Bromley for that year, that expenditure shall, to the extent that it is not met from the aggregate, be apportioned among the local councils and the Common Council; and the appropriate proportion shall be recoverable by Bromley from each of the other local councils and the Common Council. (3) In this article, "relevant expenditure" means expenditure attributable to this Order which is not defrayed by virtue of any other provision of this Order.
16.—(1) On or before 31st October in the financial year beginning on 1st April 1990 and on or before 30th June in any subsequent financial year Bromley shall notify every other local council and the Common Council of its estimate of the amount to be paid to that council in the current financial year-
(2) Bromley shall send a copy of the notifications sent under paragraph (1) to the Secretary of State and shall advise him of any payments made by way of capital receipts under article 14(1), or under article 15(1). (3) Bromley shall-
17.—(1) Anything done by or in relation to (or having effect as if done by or in relation to) the Residuary Body in connection with any interests in land, property, rights or liabilities which by virtue of this Order are transferred to a local council, a district council, the Common Council or the National Rivers Authority shall so far as is required for continuing its effect after the transfer date have effect as if done by or in relation to that council or that Authority, as the case may be. (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 notice; to the entering into of any agreement or other instrument; and to the bringing of any action or proceeding; but nothing in this Order shall be construed as transferring any contract of employment. (3) Any pending action or proceeding may be amended in such a manner as may be appropriate in consequence of this Order.
18.—(1) The Parliamentary Commissioner may investigate or, as the case may be, continue to investigate a complaint of maladministration by the Residuary Body arising in relation to any interests in land, property or other matter transferred by this Order. (2) In relation to any such investigation begun or continued after the transfer date, the Parliamentary Commissioner Act 1967[18] shall apply as if for any reference to the principal officer of the Residuary Body there were substituted a reference to the proper officer of the local council, district council, Common Council or of the National Rivers Authority and as if any specified action had been taken by the relevant council or as the case may be, by the Common Council or by the National Rivers Authority.
19. In the event of a dispute between any of the local councils or between any of the local councils and the Common Council as to the amount of any expenditure recoverable by Bromley pursuant to this Order, the matter shall be determined by an arbitrator appointed by the Secretary of State; and section 31 of the Arbitration Act 1950[19] shall have effect in relation to the arbitration as if it were an arbitration to which that section applies.
20.—(1) On the transfer date the council of the London Borough of Lewisham shall succeed the Residuary Body as trustee of the Beatrice Prize Fund. (2) The Local Government Reorganisation (Repayment of Loans) (Greater London) Order 1986[20] is hereby revoked.
Notes: [1] 1985 c. 51. Section 67(1)(b) was amended by the Education Reform Act 1988 (c. 40), section 164. back [5] 1988 c. 41. Section 69 was amended by the Local Government and Housing Act 1989, Schedule 5, paragraph 50. back [7] S.I. 1989/1815, amended by S.I. 1990/198. back [10] Section 65 was substituted by paragraph 4 of Schedule 4 to the Local Government Finance Act 1987 (c. 6). back [11] S.I. 1974/519, amended by S.I. 1983/529, 1985/1148 and 1986/345. back [13] 1957 c. 56. This Act was repealed by the Housing (Consequential Provisions) Act 1985 (c. 71), section 3. back [16] 1974 c. 44. The provisions referred to were repealed by the Housing (Consequential Provisions) Act 1985 (c. 71), section 3. back [17] 1969 c. 33. The provisions referred to were repealed by the Housing (Consequential Provisions) Act 1985 (c. 71), section 3. back [18] 1967 c. 13; applied to residuary bodies by paragraph 11 of Schedule 13 to the Local Government Act 1985. back [19] 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 |
|
||
| Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office | ||
|
|
||
| We welcome your comments on this site | © Crown copyright 1990 | Prepared 20th September 2000 |