The Local Government Reorganisation (Property etc.) Order 1986

Disputes

22.—(1) (a) Any matter which by virtue of any provision in this or any relevant order falls to be agreed between any parties, and is not so agreed;

(b) any question as to whether any easement or other right is required to enable any land to be used or the full benefit of it to be enjoyed;

(c) any question as to the terms on which any easement or other right is to be conferred; and

(d) any question as to whether any amount is recoverable from any body in pursuance of article 9(7) or (8),

shall be determined by a person agreed on by the parties concerned or, in default of their agreement, appointed—

(i) where the appropriate residuary body is not one of those parties, by that body; and

(ii) where that body is one of those parties, by the Secretary of State;

and any question as to the interpretation or application of this or any relevant order may be so determined.

(2) The appropriate residuary body may, by notice in writing given before 15th March 1986 to the local council determine—

(a) the extent of any property to be vested by this order; or

(b) the functions for the purposes of which any such property was held on the relevant date, or is used, or was acquired by an abolished council; or

(c) any matter which two or more local councils, by notice in writing, request it to determine.

(3) A copy of any notice under paragraph (2) shall also be given to any body or bodies appearing to the appropriate residuary body to have an interest in the matter.

(4) If notice is given before 1st April 1986 to a residuary body by any council or other body that they are dissatisfied with any determination under paragraph (2) the question shall be determined by agreement between the residuary body and that council or other body, or failing such agreement, by a person agreed on by them or in default of agreement appointed by the Secretary of State.

(5) Where at 1st April 1986 notice has been given under paragraph (4) and the question has not been determined the property in question shall vest in the appropriate residuary body pending its determination.

(6) Any reference in any provision of this or any relevant order to determination by a person shall be construed as including a reference to three persons.

(7) Section 31 of the Arbitration Act 1950 shall have effect for the purposes of the determination of any question by any person under this article as if such determination were an arbitration under any other Act within the meaning of that section.