The Merseyside Traffic Control System (Revocation) Order 1991

Citation and commencement

1.  This order may be cited as the Merseyside Traffic Control System(Revocation) Order 1991 and shall come into force on the 1st of April1991.

Revocations and interpretation

2.—(1) The Merseyside Traffic Control System (Transfer) Order 1986 and theMerseyside Traffic Control System (Transfer) Order 1988(1) are hereby revoked.

(2) In this Order—

“revocation date” means the date on which this Order comes into force;

“Secretary of State” means the Secretary of State for Transport;

“traffic sign” has the meaning given by section 64 of the Road Traffic RegulationAct 1984.

Transfer of property, rights and liabilities

3.—(1) On revocation date, the interest of the Secretary of State in theland specified in Schedule 1 to this Order shall be transferred asfollows–

(a) his interest in the land specified in Part I of that Schedule shallbe transferred to Liverpool City Council,

(b) his interest in the land specified in Part II of that Schedule shallbe transferred to the Metropolitan Borough Council of St Helens,

(c) his interest in the land specified in Part III of that Scheduleshall be transferred to the Metropolitan Borough Council of Sefton.

(2) On revocation date, there shall be transferred to Liverpool CityCouncil, the Metropolitan Borough Council of St Helens, the MetropolitanBorough Council of Sefton, the Metropolitan Borough Council of Wirraland the Metropolitan Borough Council of Knowsley respectively, therelevant property in so far as it is situated in their respective areas.

(3) Where any property is transferred to a local authority by virtue ofthis article, there shall also be transferred to the authority allrights and liabilities relating to that property which belonged to orare incumbent upon the Secretary of State immediately before revocationdate.

(4) There shall not be transferred to any local authority by virtue ofthis article any right or liability in respect of–

(a) work done, services rendered, goods delivered, or money due forpayment, before the operative date, or

(b) damages or compensation for any act or omission before that date, or

(c) the price of, or compensation for, any land purchased, or for whicha contract to purchase has been concluded, before that date.

(5) In this article,“relevant property” means all property which is, immediately before revocation date, ofa description specified in Part I of Schedule 2, but excluding–

(a) any property specified in Schedule 1 to this Order, and

(b) any traffic sign on a trunk road or any equipment which is ancillaryto such a sign,

and Part II of Schedule 2 to this Order shall have effect for the purpose of interpretingPart I of that Schedule.

(6) In this article, a reference to the interest of the Secretary ofState, in relation to any property, is a reference to the interest ofthe Secretary of State immediately before revocation date.

(7) Where any rights or liabilities transferred by the foregoingprovisions of this article are rights or liabilities under an agreementto which the Secretary of State was a party immediately beforerevocation date, whether in writing or not, and whether or not of such anature that rights and liabilities thereunder could be assigned by theSecretary of State, that agreement shall have effect on and after thatdate, so far as is required for giving effect to those provisions, asif–

(a) the local authority to which the rights or liabilities had beentransferred had been a party to the agreement; and

(b) for any reference (however worded and whether expressed or impliedand including a reference which is treated by any enactment as being areference to the Secretary of State) to the Secretary of State therewere substituted, in relation to anything to be done after the transfer,a reference to that local authority.

(8) Paragraph (6) above shall apply to a provision of any document otherthan an agreement, if and in so far as the provision in question relatesto any rights or liabilities transferred by the foregoing provisions ofthis article as it applies in relation to an agreement to which theSecretary of State was a party.

Supplementary provisions

4.  –

(1) Anything which at revocation date is in the process of being done byor in relation to the Secretary of State in the exercise of or inconnection with any such statutory functions which by virtue of thisOrder become the functions of a local authority, or local authorities inrespect of their respective areas, may be continued by or in relation tothe local authority (“the successor authority”) by which those functions become exercisable or, as the case maybe, become exercisable in respect of the area in question.

(2) Anything done by or in relation to the Secretary of State in theexercise of or in connection with any functions to which paragraph (1)of the above applies shall, so far as is required for continuing itseffect on and after that date, have effect as if done by or in relationto the successor authority.

5.  Any action or proceeding, or any cause of action or proceeding,pending or existing immediately before revocation date by or against theSecretary of State and relating to anything transferred by this Ordershall not be prejudicially affected by this Order and–

(a) in the case of any action or proceeding, relating to functionstransferred to a local authority may be continued, prosecuted orenforced by or (as the case may be) against the local authority; and

(b) in the case of any action or proceeding, or cause of action orproceeding, relating to matters transferred to a local authority may becontinued, prosecuted, or enforced by or (as the case may be) againstthe local authority.

Signed by authority of the Secretary of State for Transport

Christopher Chope

Parliamentary Under Secretary of State,

Department of Transport

7th March 1991