The Merseyside Residuary Body (Winding Up) Order 1989

Explanatory Note

(This note is not part of the Order)

This Order provides for the winding up of the Merseyside 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 10 have effect on 31st January 1990 (“the transfer date”).

Article 2 provides for land which the Residuary Body has agreed to sell, or which is the subject of an option to purchase, to transfer to Liverpool City Council and for other land to vest in the Council of the district in which it is situated.Article 2 also provides for the transfer of associated rights and liabilities and for the distribution of money attributable to the disposal of land transferred to Liverpool.

Article 3 provides for the distribution of monies belonging to the Residuary Body and for the Residuary Body to set aside a sum to meet its expenditure between the transfer date and 30th March 1990.

Article 4 provides for the transfer of remaining functions (in relation to contracts of employment etc.and pensions) to the metropolitan borough of Wirral 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 Merseyside County Council’s entitlement to block grant to be made to or from the district councils in the county.

Article 6 provides for the transfer of proceedings.

Article 7 transfers the remaining rights and liabilities of the Residuary Body to Wirral or Liverpool and transfers certain specific interests to all the local councils jointly.

Articles 8 and 9 make consequential provision for the treatment of capital receipts.

Article 10 requires Liverpool to notify the other councils and the Secretary of State of the amounts of a capital nature which are likely to be available for distribution and which are, in fact, distributed.

Article 11 winds the Residuary Body up on 30th March 1990 transferring its remaining functions, property, rights and liabilities to Liverpool for the benefit of all the councils in the county or, insofar as they relate to contracts of employment, to Wirral.

Article 12 confers on Liverpool the Residuary Body’s remaining functions in relation to its accounts.

Article 13 makes general provision for apportioning among the councils in the county the sums received and paid by Liverpool or Wirral.

Article 14 provides for continuity in the exercise of functions, and article 15 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 16 provides for the handling of complaints of maladministration by the Residuary Body and article 17 provides for the determination of disputes. Copies of the Plan referred to in the Schedule are deposited, and may be inspected during normal office hours at the offices of the transferee authorities, and at the Department of the Environment, 2 Marsham Street, London SW1.