The Tyne and Wear Residuary Body (Winding Up) Order 1988

Explanatory Note

(This note is not part of the Order)

This Order provides for the winding up of the Tyne and Wear Residuary Body in pursuance of a scheme submitted by that Body to the Secretary of State under section 67 of the Local Government Act 1985.

Articles 2 to 9 have effect on 11th October 1988 (“the transfer date”). Article 2 provides for mortgages and for property that the Residuary Body has agreed to sell, or which is the subject of an option to purchase, to transfer to the council of the district of South Tyneside; and for other property to vest in the council of the district in which it is situated. Article 2(3) provides for the distribution of money attributable to mortgages and the disposal of property transferred to South Tyneside.

Article 3 provides for the distribution of monies belonging to the Residuary Body and the transfer of #800,000 to South Tyneside for staff compensation and pensions purposes. Article 4 provides for the transfer of remaining functions (in relation to compensation for loss of office, etc. and pensions) to South Tyneside, except in relation to those employees who remain in employment with the Residuary Body on and after the transfer date.

Article 5 provides for payment or recovery of the former Tyne and Wear County Council`s entitlement to block grant to be made to or from the district councils. Article 6 transfers the remaining rights and liabilities of the Residuary Body to South Tyneside. Articles 7 and 8 make consequential provision for the treatment of capital receipts.

Article 9 requires South Tyneside to notify the other councils and the Secretary of State of the amounts which are likely to be available for distribution and which are, in fact, distributed.

Article 10 provides for the submission of the Residuary Body`s final report to the Secretary of State, and winds it up on 31st October 1988, transferring its remaining functions, property, rights and liabilities to South Tyneside for the benefit of all the councils in the county. Article 11 confers on that council the Residuary Body`s remaining functions in relation to its accounts.

Article 12 makes general provision for apportioning among the councils in the county the sums received and paid by South Tyneside. Article 13 provides for continuity in the exercise of functions, and article 14 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 15 provides for the handling of complaints of maladministration by the Residuary Body.