The London Thames Gateway Development Corporation (Transfer of Property, Rights and Liabilities) (Greater London Authority) Order 2012

Statutory Instruments

2012 No. 872

Urban Development, England

The London Thames Gateway Development Corporation (Transfer of Property, Rights and Liabilities) (Greater London Authority) Order 2012

Made

19th March 2012

Laid before Parliament

23rd March 2012

Coming into force

16th April 2012

The Secretary of State makes the following Order in exercise of the powers conferred by section 165B of the Local Government, Planning and Land Act 1980(1).

In accordance with section 165B(5) of that Act the Secretary of State has consulted the councils of the London boroughs of Barking and Dagenham, Hackney, Havering, Newham, Tower Hamlets and Waltham Forest (being the local authorities in whose area the relevant urban development area is situated).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the London Thames Gateway Development Corporation (Transfer of Property, Rights and Liabilities) (Greater London Authority) Order 2012 and shall come into force on 16th April 2012.

(2) In this Order—

“commencement date” means the date on which this Order comes into force;

“the Corporation” means the London Thames Gateway Development Corporation;

“the GLA” means the Greater London Authority; and

“transferring employee” means any person who, immediately before the commencement date, was employed by the Corporation in one of the posts listed in Part 6 of the Schedule.

Property, rights and liabilities

2.—(1) The property, rights and liabilities which are—

(a) specified in paragraph (2), and

(b) vested in the Corporation immediately before the commencement date,

are transferred to the GLA on that date.

(2) The property, rights and liabilities mentioned in paragraph (1)(a) are—

(a) the land specified in Part 1 of the Schedule together with all property, rights and liabilities which the Corporation has in relation to that land;

(b) the assets specified in Part 2 of the Schedule; and

(c) all property, rights and liabilities which the Corporation has in relation to—

(i) the grants awarded by the Corporation which are specified in Part 3 of the Schedule,

(ii) the grants awarded to the Corporation which are specified in Part 4 of the Schedule, and

(iii) the contracts specified in Part 5 of the Schedule.

(3) The property, rights and liabilities mentioned in paragraph (2)(a) include (but are not limited to) any leases, tenancies, licences, agreements, planning agreements, infrastructure agreements, easements, wayleaves, development agreements, building contracts, appointments and encumbrances on title.

Employees

3.—(1) On the commencement date all property, rights and liabilities which the Corporation has in relation to the contracts of employment of the transferring employees are transferred to the GLA.

(2) The transfer by virtue of paragraph (1) is to be treated as a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006(2).

(3) Paragraph (1) does not affect the operation of those Regulations in relation to that transfer.

Pensions

4.—(1) On the commencement date all property, rights and liabilities which the Corporation has in relation to the transferring employees under a relevant pension scheme are transferred to the GLA.

(2) In paragraph (1) “relevant pension scheme” means a pension scheme established under section 7 of the Superannuation Act 1972(3).

Transfers: further provision

5.  A transfer under this Order operates in relation to property, rights and liabilities—

(a) whether or not they would otherwise be capable of being transferred;

(b) without any instrument or other formality being required; and

(c) irrespective of any requirement for consent that would otherwise be required.

Signed by authority of the Secretary of State for Communities and Local Government

Bob Neill

Parliamentary Under Secretary of State

Department for Communities and Local Government

19th March 2012

Articles 1 and 2

SCHEDULE Property, rights and liabilities

PART 1 Land

Title number	Description	Type
TGL359076	Barking Creative Industries Quarter, Abbey Road, Barking IG11 7BT	Freehold
EGL536080	Ex-Environment Agency land, Town Quay, Highbridge Road, Barking IG11	Freehold
EGL268133	Land at Jenkins Lane, including allotment land adjacent to A13, Newham	Freehold
EGL419743	Ex-Captain Cook public house, Clockhouse Avenue, Barking IG11 7LX	Freehold
TGL341752	Plot 7 Meadowland, 53 Lawes Way IG11 0PB	Leasehold
TGL341754	Plot 8 Meadowland, 55 Lawes Way IG11 0PB	Leasehold
TGL341756	Plot 9 Meadowland, 57 Lawes Way IG11 0PB	Leasehold
TGL341757	Plot 10 Meadowland, 59 Lawes Way IG11 0PB	Leasehold
TGL341744	Plot 11 Meadowland, 61 Lawes Way IG11 0PB	Leasehold
TGL341745	Plot 12 Meadowland, 63 Lawes Way IG11 0PB	Leasehold
TGL341746	Plot 13 Meadowland, 65 Lawes Way IG11 0PB	Leasehold
TGL341748	Plot 24 Meadowland, 24 Lawes Way IG11 0PB	Leasehold
TGL341749	Plot 26 Meadowland, 26 Lawes Way IG11 0PB	Leasehold
TGL341750	Plot 27 Meadowland, 28 Lawes Way IG11 0PB	Leasehold
TGL341751	Plot 28 Meadowland, 30 Lawes Way IG11 0PB	Leasehold
TGL341740	Plot 29 Meadowland, 32 Lawes Way IG11 0PB	Leasehold
TGL341741	Plot 30 Meadowland, 34 Lawes Way IG11 0PB	Leasehold
TGL341742	Plot 31 Meadowland, 36 Lawes Way IG11 0PB	Leasehold
TGL341743	Plot 32 Meadowland, 38 Lawes Way IG11 0PB	Leasehold
TGL341758	Plot 38 Meadowland, 7 Sedge Gardens IG11 0FR	Leasehold
TGL341759	Plot 39 Meadowland, 63 Galleons Drive IG11 0FA	Leasehold
TGL341760	Plot 40 Meadowland, 65 Galleons Drive IG11 0FA	Leasehold
TGL341761	Plot 41 Meadowland, 67 Galleons Drive IG11 0FA	Leasehold
TGL341762	Plot 42 Meadowland, 69 Galleons Drive IG11 0FA	Leasehold
TGL341763	Plot 43 Meadowland, 71 Galleons Drive IG11 0FA	Leasehold
TGL341764	Plot 44 Meadowland, 73 Galleons Drive IG11 0FA	Leasehold
TGL341765	Plot 47 Meadowland, 79 Galleons Drive IG11 0FA	Leasehold
TGL341766	Plot 48 Meadowland, 81 Galleons Drive IG11 0FA	Leasehold
TGL341767	Plot 49 Meadowland, 83 Galleons Drive IG11 0FA	Leasehold
TGL341768	Plot 50 Meadowland, 85 Galleons Drive IG11 0FA	Leasehold
TGL341770	Plot 51 Meadowland, 87 Galleons Drive IG11 0FA	Leasehold
TGL341772	Plot 52 Meadowland, 89 Galleons Drive IG11 0FA	Leasehold
TGL341773	Plot 53 Meadowland, 91 Galleons Drive IG11 0FA	Leasehold
TGL341774	Plot 54 Meadowland, 12 McAllister Grove IG11 0FR	Leasehold
TGL341775	Plot 55 Meadowland, 11 McAllister Grove IG11 0FR	Leasehold
TGL341776	Plot 56 Meadowland, 10 McAllister Grove IG11 0FR	Leasehold
TGL341777	Plot 57 Meadowland, 9 McAllister Grove IG11 0FR	Leasehold
EGL139419	Ex Polar Ford Site, New Road, Dagenham, Essex RM9 6EX	Freehold
EGL109081		Freehold
EGL488525	Site D1, off Choats Road, Plot 10 at LSIP Phase 2 RM9	Freehold
EGL488527	Site D2, off Choats Road, land at LSIP Phase 2 RM9	Freehold
EGL524388	Plot Y, Choats Road, land at LSIP Phase 1, off Choats Rd, Dagenham Dock RM9	Freehold
EGL550508	Plot Z pumping station land, Choats Road, Dagenham Dock RM9	Freehold
EGL554702	Plot Z Enlarged area of Plot Z (excluding pumping station land), off Choats Road, Dagenham Dock RM9	Freehold
EGL470367	Ex-LDA land and roads (not including site D1, site D2, Plot Y and Plot Z), land at LSIP Phase 2, Dagenham Dock RM9	Freehold
EGL476469		Freehold
EGL466560		Freehold
EGL461265		Freehold
EGL105923		Freehold
EGL156566		Freehold
EGL453274		Freehold
EGL126592		Freehold
EGL543409		Freehold
EGL547925		Freehold
EGL556661		Freehold
EGL502936	Ex-Blue Triangle land, Choats Road, land at LSIP Phase 1, off Choats Rd, Dagenham Dock RM9	Freehold
EGL553825	Ex-National Grid site, land at Hindmans Way, Dagenham Dock RM9	Freehold
TGL356690	Ex-CEMEX land for Southern Access Road, land lying immediately south of Road B, off Choats Road (south), Dagenham Dock RM9	Freehold
EGL213130	Land at Perry Road/Chequers Lane, Dagenham Dock, Dagenham RM9	Freehold
EGL339316	Amberley House (remaining parcel of ex-Carpetright Site), New Road, Rainham, Essex RM13 8QN	Freehold
EGL448065	Rainham Interchange and Rainham Library, The Broadway, Rainham, Essex	Freehold
EGL521583	Dovers Corner access land, land at Dovers Corner Industrial Site, Bridge Road, Rainham	Freehold
NGL40134	21 The Broadway, Rainham Broadway, Rainham, Essex RM13 9HB	Freehold
EGL521580	Units 1-5, 6-10 Lamson Road, Rainham, RM13 9YY	Freehold
EGL561744	The View, 15th & 16th Floor, Fondant Court, Taylor Place, 76-79 Payne Road, Bow E3 2SP	Leasehold

PART 2 Assets

Date of purchase	Description
31st March 2011	The LIFT (portable structure used to host small events)

PART 3 Grants awarded by the Corporation

Date when grant offer made or contract signed	Description	Recipient of grant
14th September 2010	Canning Town property development advice	London Borough of Newham
1st November 2011	Rathbone Market investment	London Borough of Newham
1st March 2010	Stratford Island University Centre	University of East London
18th November 2009	New junction at Lochnagar Street A12 Blackwall Tunnel Northern Approach	Transport for London
2nd December 2010	Barking Station Interchange Masterplan SPD	London Borough of Barking and Dagenham
5th October 2010	Rainham Library design development and pre-start project enabling actions	London Borough of Havering
24th February 2012	Rainham Library contractor design phase	London Borough of Havering
1st September 2010	Institute for Sustainability database set up	Institute for Sustainability
5th October 2010	Public house land acquisition and works grant agreement	London Borough of Havering
12th September 2007	Canning Town buy backs phase 2	London Borough of Newham
12th September 2007	Canning Town buy backs phase 3	London Borough of Newham
30th September 2009	Canning Town buy backs phase 4	London Borough of Newham
30th March 2006	Canning Town buy backs phase 1	London Borough of Newham
30th March 2007	Demolition area 3	London Borough of Newham
24th May 2007	Refurbishment of Tanner and Nicholls Point	London Borough of Newham
1st September2009	Demolition phase 2, 3 and 4	London Borough of Newham
7th December 2010	Eastlea School	London Borough of Newham
24th May 2007	New temporary service centre phase 1	London Borough of Newham
8th August 2007	New temporary service centre phase 2	London Borough of Newham
6th January 2009	Rokeby School project	London Borough of Newham
5th March 2004	Silvertown Way CPO	London Development Agency
28th January 2011	Aberfeldy St/Nutmeg Lane crossing	Poplar Housing and Regeneration Community
11th September 2008	Currie-Dunkeld demolition	Poplar Housing and Regeneration Community
24th September 2009	Ian Mikardo School	London Borough of Tower Hamlets
7th July 2010	Langdon Park School	Poplar Housing and Regeneration Community
30th March 2009	St Pauls Way School	London Borough of Tower Hamlets
8th March 2007	A13 Renwick Road	Transport for London
30th March 2006	Axe Street, Barking	London Borough of Barking and Dagenham
12th January 2010	Barking Station Interchange forecourt	London Borough of Barking and Dagenham
6th September 2010	Barking Riverside community facilities	London Borough of Barking and Dagenham
23rd January 2007	Barking Town Square - public realm	London Borough of Barking and Dagenham
24th May 2010	CIQ Amphitheatre	SPACE Studios
21st August 2009	Eastbury School	London Borough of Barking and Dagenham
5th February 2007	ELT Phase 1A	Transport for London
30th March 2006	Liberal and Labour Club, Barking	London Borough of Barking and Dagenham
30th March 2006	Lintons Estate buy backs	London Borough of Barking and Dagenham
24th July 2007	Market Square	London Borough of Barking and Dagenham
30th March 2006	Public Realm and Art Project	London Borough of Barking and Dagenham
6th August 2009	Thamesview Estate	London Borough of Barking and Dagenham
9th March 2011	Thamesview Infants School	London Borough of Barking and Dagenham
2nd March 2011	Thamesview Junior School	London Borough of Barking and Dagenham
6th August 2009	The Prospect Centre	London Borough of Barking and Dagenham
6th August 2009	William Street Quarter	London Borough of Barking and Dagenham
14th March 2007	Ferry Lane North	London Borough of Havering
1st December 2009	London Riverside BID	London Riverside BID Limited
17th January 2011	Rainham Primary	Rainham Village Primary School
22nd December 2009	Rainham public realm	London Borough of Havering
20th March 2008	Gallions to the Thames	London Development Agency
21st March 2008	Rainham to Purfleet Path phases 2, 3 and 4	London Borough of Havering
30th November 2009	Rainham to the river	London Borough of Havering
23rd March 2007	RSPB Rainham Marshes improvements	The Royal Society for the Protection of Birds
31st March 2006	RSPB Rainham Marshes improvements 08/09	The Royal Society for the Protection of Birds
14th February 2007	Financial Services Academy project	Tower Hamlets College

PART 4 Grants awarded to the Corporation

Date when grant offer made or contract signed	Description	Awarded by
22nd January 2010	European Regional Development Fund Programme 2007-2013 (London): FLASH (ERDF 09/224)	London Development Agency
26th January 2011	OPTEMS funding for way finding and landscaping for the “Fatwalk” Cycling & Pedestrian Scheme	Olympic Delivery Authority

PART 5 Contracts

Date of Contract	Description	Other party
1st March 2011	Design fees in relation to Twelvetree Crossing, Poplar Reach, Oban Street / Lanrick Road, A13 Crossing	5th Studio Limited
1st October 2009	Legal - CPO fees in relation to Fatwalk CPO, Poplar Reach, Twelvetree Crossing, A13 Crossing, Oban Street/Lanrick Road	Ardent Management Limited
1st November 2008	Legal CPO advice	Denton Wilde Sapte
1st September 2008	Legal services	DLA Piper Rudnick Gray Cary UK LLP
1st September 2008	Legal services	Eversheds
1st February 2011	Development asset valuations	GVA Grimley
1st January 2010	Estate management fees (except the View)	Kemsley LLP
1st January 2009	Quantity surveying and CDM-C services (one contract) in relation to Twelvetree Crossing, Poplar Reach, Oban Street / Lanrick Road, A13 Crossing	Northcroft
1st July 2011	Design fees in relation to Twelvetree Crossing, Poplar Reach, Oban Street / Lanrick Road, A13 Crossing	URS Scott Wilson Limited
1st October 2011	Insurance policy for LTGDC’s development assets	Allianz Insurance plc
1st March 2011	Temporary storage for LIFT	Unusual Rigging
30th July 2010	Option agreement relating to freehold property known as land lying to the south of New Road, Rainham.	Havering College
14th January 2011	Agreement for purchase of land to the rear of The Vicarage, 25 Broadway and the Redberry Guest House, 29 Broadway, Rainham	Name withheld(4)
14th December 2010	Agreement for the purchase of land at Dagenham Dock, Dagenham	Cemex UK Operations Limited (1) and The Rugby Group Limited (2)
16th December 2011	Agreement to vary agreement for the purchase of land at Dagenham Dock, Dagenham	Cemex UK Operations Limited (1) and The Rugby Group Limited (2)
1st April 2010	Facilitation, Learning and Sharing (FLASH) ERDF 09/244	Institute for Sustainability
18th November 2010	Compromise agreement and agreement for the grant of contractual rights	Lea Valley Regional park Authority
17th December 2010	Option agreement relating to the sale and purchase of land on the north side of Leven Road, Poplar	Birch Sites Limited
13th December 2010	Deed relating to the compulsory acquisition of land along the River Lea between East India Dock Basin and Three Mills Green for the provision of Phase 1 of the Lea River Park by the London Thames Gateway Development Corporation	London Power Networks plc
6th December 2010	Agreement made pursuant to section 106 of the Town and Country Planning Act 1990 relating to the London Thames Gateway Development Corporation (Lea River Park Phase 1) Compulsory Purchase Order 2010, the London Thames Gateway Development Corporation (Lea River Park Phase 1A) Compulsory Purchase Order 2010 and the “Fatwalk” at Leamouth Peninsula	Clearstorm Limited (1), Ballymore Properties Limited (2) and Names Withheld(5) (3)
17th November 2010	Undertaking in respect of CPO Proceedings	Network Rail Infrastructure Limited
30th November 2010	Agreement relating to the London Thames Gateway Development Corporation (Lea River park Phase 1) Compulsory Purchase Order 2010 and the London Thames Gateway Development Corporation (Lea River park Phase 1A) Compulsory Purchase Order 2010	National Grid Electricity Transmission plc
30th November 2010	Agreement relating to the Lea River Park Phase 1 Compulsory Purchase order 2010 and the Lea River Park Phase 1A Compulsory Purchase Order 2010	National Grid Gas plc

PART 6 Transferring employees

• Director of Development

• Deputy Director of Development

• Senior Project Manager

• Senior Development Manager

• Development Manager

• CPO Project Manager

• Programme Office Manager

• Programme Officer

• PA to Director of Development

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the transfer to the Greater London Authority (“the GLA”) of property, rights and liabilities held by the London Thames Gateway Development Corporation (“the Corporation”).

Article 2 transfers to the GLA the land, property, rights and liabilities which are specified in that article and Parts 1 to 5 of the Schedule, and are vested in the Corporation immediately before 16th April 2012.

Article 3 transfers to the GLA all property, rights and liabilities which the Corporation has under the contracts of employment of the employees specified in Part 6 of the Schedule. Article 4 transfers to the GLA all property, rights and liabilities which the Corporation has in relation to the pensions of those employees.

No Impact Assessment has been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1980 c. 65. Section 165B was inserted by section 143(1) of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) and amended by section 56 of, and Schedule 8 to, the Housing and Regeneration Act 2008 (c. 17).

(2)

S.I. 2006/246.

(3)

1972 c. 11.

(4)

The name of the party to this contract has been withheld for data protection reasons.

(5)

The names of the parties to this contract have been withheld for data protection reasons.