The Local Government Reorganisation (Merseyside County Archives etc.) Order 1989

Statutory Instruments

1989 No. 974

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Reorganisation (Merseyside County Archives etc.) Order 1989

Made

12th June 1989

Laid before Parliament

16th June 1989

Coming into force

7th July 1989

Whereas the Merseyside Residuary Body, acting pursuant to section 67(2) of the Local Government Act 1985(1), has submitted proposals to the Secretary of State for the transfer of certain property, rights and liabilities and he has decided to give effect to those proposals:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 67(3) of that Act, and of all other powers enabling him in that behalf, hereby makes the following Order:–

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Local Government Reorganisation (Merseyside County Archives etc.) Order 1989 and shall come into force on 7th July 1989.

(2) In this Order–

“Liverpool” means Liverpool City Council;

“the Residuary Body” means the Merseyside Residuary Body;

“the transfer date” means 8th July 1989.

Transfer of the Merseyside County Archives

2.  On the transfer date there shall vest in Liverpool–

(a) all interests of the Residuary Body in and all rights and liabilities of that Body acquired or incurred in connection with the collection of records known as the Merseyside County Archives and the records of the former Merseyside County Council and the former Merseyside Police Authority held with those Archives;

(b) any land held by the Residuary Body exclusively as accommodation for those Archives; and

(c) any other property held by the Residuary Body exclusively for the purpose of those Archives.

Transfer of monies

3.—(1) Immediately before the transfer date, the Residuary Body shall set aside from their revenue balances the sum of £600,000.

(2) On the transfer date the Residuary Body shall transfer to Liverpool the sum set aside in accordance with paragraph (1).

Continuity

4.—(1) Anything done by or in relation to (or having effect as if done by or in relation to) the Residuary Body in connection with any interests, rights or liabilities which by virtue of this Order become interests, rights and liabilities of Liverpool shall, so far as is required for continuing its effect after the transfer date, have effect as if done by or in relation to Liverpool.

(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.

Nicholas Ridley

Secretary of State for the Environment

12th June 1989

Explanatory Note

(This note is not part of the Order)

This Order gives effect to the proposals of the Merseyside Residuary Body for the transfer of the collection of records known as the Merseyside County Archives and certain other records to Liverpool City Council.

Article 2 transfers the Merseyside County Archives and certain other records and any associated rights and liabilities to Liverpool City Council, together with any land and other property held by the Merseyside Residuary Body exclusively for the purposes of these Archives.

Article 3 requires the Merseyside Residuary Body to set aside the sum of £600,000 from their revenue balances, and to transfer it to Liverpool City Council on the transfer date.

Article 4 makes provision for continuity.

(1)

1985 c. 51.