The Local Government Reorganisation (Property, etc.) (Greater Manchester) Order 1988

Explanatory Note

(This note is not part of the Order)

This Order gives effect, with a modification, to proposals of the Greater Manchester Residuary Body for the transfer of certain functions, property, rights and liabilities. The effect of the modification is that the monies referred to in article 3(2) may be used only for the purpose there stated and not to defray expenditure referred to in article 3(1) of the Local Government Reorganisation (Pensions etc.) (Greater Manchester and Merseyside) Order 1987 (S.I. 1987/1579).

Article 2 transfers, with the exception of the property listed in the Schedule, all of the Residuary Body’s immovable property and mortgage interests granted under the “right to buy” to the council of the district in which the property or mortgaged land is situated.

Article 3 provides for the transfer of £350,000 to the council of the metropolitan borough of Tameside (“Tameside”) for pension purposes; and for the transfer of £2 millions to the council of the metropolitan borough of Stockport (“Stockport”) for the discharge of the liabilities transferred to Stockport under article 6(1).

Article 4 provides for the transfer to Tameside of the Residuary Body’s functions, rights and liabilities in connection with their employees or employees of the former county council whose employment terminated before 31st December 1988. Article 4(3) transfers to Stockport the right to recover sums paid unlawfully by the former county council.

Article 5 provides for payment or recovery of the former county council’s entitlement to block grant to be made to or from the district councils in the county. Article 6 transfers to Stockport, subject to the exceptions mentioned in paragraph (2), the rights and liabilities of the Residuary Body. Article 7 deals with nominations and appointments.

Article 8 makes general provision for apportioning among the councils in the county sums received and expenses incurred by Stockport and Tameside. Article 9 provides for continuity in the exercise of functions, and article 10 for the treatment of the employment of the Residuary Body’s staff who take up other local government service as continuous for superannuation purposes.

Article 11 amends the Local Government Reorganisation (Capital Money) (Metropolitan Counties) Order 1986 (S.I. 1986/2063) by permitting the Residuary Body to retain a further £1 million in 1988/89 (for use in the settlement of litigation). Article 12 establishes a disputes procedure in the event of disagreements between the district councils in the county as to the amounts recoverable by Stockport and Tameside under the Order.