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

Information for facilitating implementation

4.—(1) This regulation has effect for the purpose of facilitating the implementation of these Regulations.

(2) An abolished authority shall, within the relevant period, supply to any successor authority —

(a) details of any relevant contract; and

(b) all such information relating to the abolished authority’s property, rights or liabilities as the successor authority may reasonably request.

(3) The relinquishing authority in relation to a transferred area shall, within the relevant period, supply to the acquiring authority in relation to that area —

(a) details of any relevant contract in relation to which such rights or liabilities as are mentioned in paragraph (5)(a) of regulation 5 arise; and

(b) all such information relating to any rights or liabilities so mentioned, or to property to which paragraph (6) of that regulation applies, as the acquiring authority may reasonably request.

(4) Any person authorized in that behalf by a successor authority in relation to an abolished authority or, as the case may be, the acquiring authority in relation to a transferred area shall be entitled, at all reasonable times, on producing, if so required, evidence of his authority —

(a) to inspect any record belonging to or under the control of the abolished authority or, as the case may be, the relinquishing authority which relates to any relevant contract, or any property, rights or liabilities, mentioned in paragraph (2) or (3) above; and

(b) to take, or be supplied with, a copy of any such record or part of it.

(5) The rights conferred by paragraph (4) above include the right to require any record which is not in legible form to be made available in legible form for the purposes of inspection or copying or being supplied with copies.

(6) In this regulation —

“the final period” means the period of six weeks ending on the date immediately before the reorganisation date;

“relevant contract” means a contract entered into by an abolished authority or the relinquishing authority the period of which extends or may, under the terms of the contract, be extended beyond that date; and

“relevant period” means —

(a)

for the purposes of paragraph (2)(a) and (3)(a) above —

(i)

in a case where the relevant contract was entered into before the date on which the preliminary period begins, the period of 3 months beginning with that date;

(ii)

in a case where the relevant contract is entered into on or after that date and before the beginning of the final period, the period of six weeks beginning with the date on which the contract is entered into; and

(iii)

in a case where the relevant contract is entered into after the beginning of the final period, that period; and

(b)

for the purposes of paragraph (2)(b) or (3)(b) above —

(i)

in a case where the request for information is made before the beginning of the final period, the period of six weeks beginning with the date of the making of the request; and

(ii)

in a case where the request is made after the beginning of the final period, that period; and

a reference to a successor authority includes, where there are two or more successor authorities in relation to an abolished authority, a reference to the Residuary Body.