The Local Government Changes For England (Property Transfer and Transitional Payments) Regulations 1995

PART IV MISCELLANEOUS

Disputes

19.—(1) Any question as to the interpretation or application of any provision of these Regulations may be determined—

(a) in the case of a question as to the interpretation or application of regulation 9, by the Charity Commissioners; and

(b) in any other case, by a person agreed on by the parties concerned or, in default of their agreement, appointed by the Secretary of State;

and—

(i) any matter which falls to be agreed under regulation 8(4) and is not so agreed; or

(ii) any difference notified under regulation 5(4), 14(6) or 15(2),

shall be determined by such a person.

(2) Where any question as to the interpretation or application of any provision of these Regulations which relates to the vesting of any property, rights or liabilities is referred for determination under paragraph (1) above before the expiry of the period of 12 months beginning with the reorganisation date—

(a) the provision of these Regulations which is in question (other than regulation 6(8)) shall not have, or shall cease to have, effect for the purposes of the vesting of the property, rights or liabilities concerned; and

(b) pending the determination of the question—

(i) in a case which concerns any property of an abolished authority or any rights or liabilities of such an authority exclusively in respect of such property, the property, rights or liabilities shall vest in the Residuary Body; and

(ii) in a case which concerns any other rights or liabilities of such an authority, the rights or liabilities shall vest in the successor authority specified in a section 17 order as the designated authority in relation to regulation 6(8).

(3) The determination of—

(a) any question such as is mentioned in paragraph (2) above;

(b) any such matter as is mentioned in paragraph (1)(i) above; or

(c) any difference notified under regulation 5(4)

may make any provision that might be contained in an agreement under section 20 of the Act in respect of property, rights or liabilities.

(4) Where a determination provides for the transfer of any property, rights or liabilities to an authority specified in the determination or, in the case of rights or liabilities, jointly and severally to two or more authorities so specified—

(a) the property, rights or liabilities concerned shall, by virtue of the determination, vest in the authority so specified or, as the case may be, jointly and severally in the authorities so specified; and

(b) the provisions of these Regulations which would have applied to the property, rights or liabilities if the vesting had been effected by virtue of a provision of these Regulations shall apply to the property, rights or liabilities.

(5) In paragraph (4) above, “authority” includes the Residuary Body.

(6) Section 31 of the Arbitration Act 1950(1) shall have effect for the purposes of a determination under this regulation by any person mentioned in paragraph (1)(b) above as if such a determination were an arbitration under any other Act within the meaning of that section.

Disputes in respect of transitional payments: further provision

20.—(1) Where the audit of the final accounts of the relevant authority is concluded after notification of a difference has been given under regulation 14(6), the designated authority concerned shall notify that fact to the person who is to determine the difference.

(2) A notification under paragraph (1) above shall be given by the designated authority within three working days of the reference of the difference to the person who is to determine it or, if later, the conclusion of the audit.

(3) Where a notification under paragraph (1) above is given before the determination of the difference, the person who is to determine it shall do so by reference to the final accounts as they stand at the conclusion of the audit.

(4) In this regulation—

• “the final accounts” and “the relevant authority” have the same meanings as in Part III of these Regulations; and

• “working day” means a day other than a Saturday, a Sunday or a bank holiday.

Designated authorities: recovery of expenditure and distribution of surpluses

21.—(1) Subject to paragraph (2) below, an authority which is specified in a section 17 order as the designated authority in relation to any provision of a relevant instrument (“the designated authority”) may recover from each participant authority such proportion of any eligible expenditure as may be agreed between them or, failing such agreement, the appropriate proportion.

(2) Where the designated authority is a successor authority in relation to an abolished authority, the amount of any eligible expenditure shall, for the purposes of paragraph (1) above, be reduced by an amount equal to the total of any interest or other sums received by the designated authority in respect of investments vested in that authority by virtue of regulation 6(8).

(3) Where the designated authority is a successor authority in relation to an abolished authority and the total of any sums received by the designated authority in any financial year in carrying out its functions as a designated authority exceeds the amount of any eligible expenditure in respect of that year, the designated authority shall, as soon as is reasonably practicable after the end of that year, pay to each participant authority the appropriate proportion of the excess.

(4) In this regulation—

• “the appropriate proportion”, in relation to any participant authority, means—

  (a)

  where the participant authority is a successor authority in relation to an abolished authority, the proportion equal to the proportion which the council tax base of the participant authority for the financial year in which an amount is recovered under paragraph (1) above, or paid under paragraph (3) above, bears to the aggregate of the council tax bases for that financial year of the designated authority and all participant authorities; and

  (b)

  where the participant authority is the acquiring authority in relation to a transferred area, the proportion equal to the proportion which the relinquishing authority’s estimate of the council tax base of the transferred area for that financial year bears to that authority’s estimate of the council tax base for that year of the area which, immediately before the reorganisation date, was the area of that authority;

• “eligible expenditure”, in relation to a designated authority, means expenditure properly incurred by the authority in carrying out any of its functions as a designated authority for the meeting of which provision is not otherwise made in a relevant instrument; and

• “participant authority” has the same meaning as in Part III of these Regulations.

(1)

1951 c. 27; section 31 was amended by section 8(2) of the Arbitration Act 1975 (c. 3).