The London Authorities (Property etc.) Order 1964

Transfer of specified classes of property, etc

12.—(1) Nothing in this article applies to—

(a) any matter specified in paragraph (1) of article 5 or provided for in paragraph (2) of that article;

(b) any highway or any matter provided for in article 6;

(c) any property described in column (2) of Schedule 1 (or of any extension thereof described in article 7), and liabilities incurred, contracts, deeds, bonds, agreements and other instruments subsisting, notices given, actions and proceedings pending, and causes of action or proceeding existing in relation thereto;

(d) any property provided for in article 8, 9, 10 or 11, and liabilities incurred, contracts, deeds, bonds, agreements and other instruments subsisting, notices given, actions and proceedings pending, and causes of action or proceeding existing in relation thereto;

(e) property held for the purposes of, and liabilities incurred, contracts, deeds, bonds, agreements and other instruments subsisting, notices given, actions and proceedings pending, and causes of action or proceeding existing in relation to, the functions of the London County Council or the county council of Middlesex under the Small Dwellings Acquisition Act 1899, the Housing Act 1957, the Housing (Financial Provisions) Act 1958, the House Purchase and Housing Act 1959 and the Housing Act 1961;

(f) property held for the purposes of, and liabilities incurred, contracts, deeds, bonds, agreements and other instruments subsisting, notices given, actions and proceedings pending, and causes of action or proceeding existing in relation to, the functions of the county council of Essex, Hertfordshire, Kent or Surrey

(i) under the Acts mentioned in sub-paragraph (e), or

(ii) in relation to smallholdings or cottage holdings;

(g) any Green Belt land vested in the county council of Essex, Hertfordshire, Kent or Surrey, and liabilities incurred, contracts, deeds, bonds, agreements and other instruments subsisting, notices given, actions and proceedings pending, and causes of action or proceeding existing in relation thereto;

(h) any Green Belt land vested in the council of any county borough, metropolitan borough or county district abolished by section 3(1) of the Act, and liabilities incurred, contracts, deeds, bonds, agreements and other instruments subsisting, notices given, actions and proceedings pending, and causes of action or proceeding existing in relation thereto;

(i) the properties specified in Schedule 2 (or in any extension thereof contained in any further order under section 84 of the Act made before 1st April 1965), and liabilities incurred, contracts, deeds, bonds, agreements and other instruments subsisting, notices given, actions and proceedings pending, and causes of action or proceeding existing in relation thereto.

(2) All property vested in an authority named in column (1) of Part I, II or III of Schedule 3 and within any description of matters specified in respect of such authority in column (2) and all liabilities attaching to the said authority in respect of any such property shall by virtue of this order be transferred to and vest in or attach to the authority specified in respect of such description of matters in column (3).

(3) All other liabilities attaching to an authority named in the said column (1) and within any description of matters specified in respect of such authority in column (2) shall by virtue of this order be transferred to and attach to the authority specified in respect of such description of matters in column (3).

(4) All contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given by, or to, an authority named in the said column (1) in respect of any property or liability transferred by paragraph (2) or (3) shall be of full force and effect in favour of, or against, the authority to whom such property or liability is transferred.

(5) All other contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all other notices in force which were given by, or to, an authority named in the said column (1) and within any description of matters specified in respect of such authority in column (2) shall be of full force and effect in favour of, or against, the authority specified in respect of such description of matters in column (3).

(6) Any action or proceeding or any cause of action or proceeding, pending or existing at 1st April 1965, by, or against, an authority named in the said column (1) in respect of any property or liability transferred by paragraph (2) or (3) shall not be prejudicially affected by reason of the Act, and may be continued, prosecuted and enforced by, or against, the authority to whom such property or liability is transferred.

(7) Any other action or proceeding or any other cause of action or proceeding, pending or existing at 1st April 1965, by, or against, an authority named in the said column (1) and within any description of matters specified in respect of such authority in column (2) shall not be prejudicially affected by reason of the Act, and may be continued, prosecuted and enforced by, or against, the authority specified in respect of such description of matters in column (3).