8.—(1) All sums realised by Stockport or Tameside, as the case may be, in pursuance of the transfer by article 4 or 6 of this Order of any rights shall, after deduction of any relevant expenditure, be apportioned among the local councils; and Stockport or, as the case may be, Tameside, shall pay the appropriate proportion to each of the other local councils and shall retain the balance.
(2) If in any financial year the aggregate in that year of the sums referred to in paragraph (1) is insufficient to meet any relevant expenditure for that year, that expenditure shall, to the extent that it is not met from that aggregate, be apportioned among the local councils; and the appropriate proportion shall be recoverable by Stockport or Tameside, as the case may be, from each of the other local councils.
(3) In this article, “relevant expenditure” means expenditure attributable to this Order which is not defrayed by virtue of any other provision of this Order.
9.—(1) Anything done by or in relation to (or having effect as if done by or in relation to) the Residuary Body in the exercise of or in connection with a function which by virtue of this Order becomes the function of a local council shall, so far as is required for continuing its effect after the transfer date have effect as if done by or in relation to that council.
(2) Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any application, decision or determination; to the giving of any notice; to the entering into of any agreement or other instrument; and to the bringing of any action or proceeding; but nothing in this Order shall be construed as transferring any contract of employment.
(3) Any pending action or proceeding may be amended in such a manner as may be appropriate in consequence of this Order.
10. Where the employment by the Residuary Body of any person is terminated, and that termination is attributable to any provision of this Order, regulation 5 (continuity of employment) of the Local Government Superannuation (Local Government Reorganisation) Regulations 1985(1) shall apply as if, for the purposes of paragraph (1)(b)(ii), the termination were not attributable to an order under section 67(3) of the 1985 Act.
11. The Local Government Reorganisation (Capital Money) (Metropolitan Counties) Order 1986(2) shall have effect in relation to the county and in respect of the financial year ending 31st March 1989, with the addition—
(a)at the end of article 4(1) (additions to net capital receipts) of the words “and (c) the sum of £1 million.”; and
(b)in article 5(1), in the definition of “distributable capital money”, of the words “and (e) the sum of £1 million.”.
12. In the event of a dispute between any of the local councils as to the amount of any expenditure recoverable by Stockport or Tameside pursuant to this Order, the matter shall be determined by an arbitrator appointed by the Secretary of State; and section 31 of the Arbitration Act 1950(3) shall have effect in relation to the arbitration as if it were an arbitration to which that section applies.
S.I. 1985/1515. Regulation 5 now modifies the operation of the Local Government Superannuation Regulations 1986 (S.I. 1986/24), and the definition of “transferred employee” referred to in that regulation is in regulation H1 of the 1986 Regulations.
S.I. 1986/2063.
1950 c. 27; section 31 was repealed in part by the Arbitration Act 1975 (c. 3), section 8(2), and amended by the Arbitration Act 1979 (c. 42), section 7(1).