Statutory Instrument 1997 No. 341 (S.24)

The New Town (Cumbernauld) (Transfer of Property, Rights and Liabilities) Order 1997

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© Crown Copyright 1997

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"the council" means the North Lanarkshire Council being a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[2];

"the development corporation" means the Cumbernauld Development Corporation established by the New Town (Cumbernauld) (Development Corporation) Order 1956[3].

Transfer of property, rights and liabilities to the council
     2 . Any property, rights and liabilities of the development corporation shall transfer to and vest in the council on 22nd March 1997.

Incidental and supplementary provisions
     3 . Anything done before 22nd March 1997 by, or on behalf of, or in relation to, the development corporation for the purposes of or in connection with the property, rights and liabilities transferred by article 2 of this Order shall, on and after 22nd March 1997, be treated as having been done by, or on behalf of, or in relation to, the council; and, accordingly, without prejudice to that generality, on and after 22nd March 1997-

(a) any legal proceedings by, or in relation to, the development corporation, or to which the development corporation is a party, for the purposes of, or in connection with, the said property, rights and liabilities may be continued by, or in relation to, the council; and, accordingly, references to the development corporation in any process or other document issued, prepared or employed for the purposes of any such proceedings before any court, tribunal or other body shall be taken as referring to the council;

(b) every contract or agreement, whether written or not, to which the development corporation is a party for the purposes of, or in connection with, the said property, rights and liabilities shall have effect in relation to such property, rights and liabilities as if the council were the party thereto in place of the development corporation and as if for each reference therein to the development corporation there were substituted a reference to the council; and

(c) every deed, bond, instrument and document relating to the said property, rights and liabilities shall have effect in relation to such property, rights and liabilities in respect of any time falling after the date of transfer, as if, where the development corporation is a party thereto, the council were substituted as that party and as if for each reference therein to the development corporation there were substituted a reference to the council.

     4 . For all purposes connected with, or arising subsequent to, the transfer to the council of the property, rights or liabilities transferred by article 2 of this Order, the council is to be treated in respect of the property, rights and liabilities so transferred as the same person in law as the development corporation.

     5 . Nothing in this Order shall have the effect of completing the title of the council to any land transferred by article 2 of this Order, but this is without prejudice to the provisions of section 36D(4) of the New Towns (Scotland) Act 1968.

George Kynoch
Parliamentary Under Secretary of State, Scottish Office

St Andrew's House, Edinburgh
13th February 1997

[2] 1994 c.39. back

[3] S.I. 1956/201, amended by S.I. 1959/341 and by the New Town (Cumbernauld) (Development Corporation) Amendment Order 1973. The 1973 Amendment Order is not a statutory instrument: a copy is available free of charge from the Scottish Office Development Department, Victoria Quay, Edinburgh, EH6 6QQ. back