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

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.

(1)

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