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

Agreements for the transfer of property etc.

5.—(1) Nothing in this regulation applies to —

(a) any investments of an authority which are not associated property or relevant shares;

(b) any property held by an authority, as sole trustee, exclusively for charitable purposes;

(c) any rights or liabilities of an authority in respect of such investments or such property; or

(d) any rights or liabilities of an authority in respect of money borrowed by the authority.

(2) Where there are two or more successor authorities in relation to an abolished authority, the successor authorities shall, during the preliminary period, use their best endeavours to make agreements which, subject to paragraph (3) below —

(a) identify all the property, rights or liabilities of the abolished authority;

(b) in relation to any property so identified, specify one of the successor authorities for the purposes of regulation 6(4);

(c) in relation to any rights or liabilities so identified, specify one, or two or more, of the successor authorities for those purposes; and

(d) in the case of any property mentioned in sub-paragraph (b) above which is land —

(i) identify such, if any, of it as will not be required by any of them for the purposes of, or in connection with, the exercise of functions on and after the reorganisation date; and

(ii) provide for the distribution among all the successor authorities of receipts from its disposal in accordance with regulation 10.

(3) An agreement pursuant to paragraph (2) above shall not specify different successor authorities in relation to —

(a) any property identified in the agreement which forms part of a relevant collection; or

(b) any rights or liabilities exclusively in respect of any such property;

and, for these purposes, “relevant collection” means —

(i) any collection of archives or other records of general or local interest held as such by an abolished authority; or

(ii) any collection of a museum or gallery provided or maintained by such an authority.

(4) Where the successor authorities in relation to an abolished authority are unable to make an agreement under paragraph (2) above in respect of any relevant shares held by that authority, any of the successor authorities may, before the reorganisation date, serve on the other successor authorities a notice stating that a difference has arisen in respect of such of those shares as are specified in the notice.

(5) The relinquishing authority and the acquiring authority in relation to a transferred area shall, during the preliminary period, use their best endeavours to make agreements which —

(a) identify property of the relinquishing authority to which paragraph (6) below applies and any rights or liabilities acquired or incurred by that authority in respect of any such property or the exercise of any functions in or in relation to the transferred area;

(b) in relation to any property so identified (other than property (“surplus land”) mentioned in sub-paragraph (b)(ii) of that paragraph), specify the acquiring authority for the purposes of paragraph (1) of regulation 8; and

(c) in relation to any rights or liabilities so identified (other than rights or liabilities in respect of surplus land), specify that authority for those purposes or that authority and the relinquishing authority for the purposes of paragraph (3) of that regulation.

(6) This paragraph applies to property —

(a) which is situated in the transferred area or is held for the purposes of, or in connection with, the exercise of functions in or in relation to that area; and

(b) which either

(i) is required by the acquiring authority for the purposes of, or in connection with, the exercise of functions in or in relation to that area on and after the reorganisation date; or

(ii) in the case of property which is land, is neither so required nor required by the relinquishing authority for the purposes of, or in connection with, the exercise of functions, on and after that date, in or in relation to its area.

(7) Where the relinquishing authority and the acquiring authority in relation to a transferred area are unable to make an agreement under paragraph (5) above in respect of any property, rights or liabilities mentioned in sub-paragraph (a) of that paragraph, either of those authorities may, before the reorganisation date, serve on the other a notice specifying that property, or those rights or liabilities, for the purposes of paragraph (4) of regulation 8.

(8) Except where the context otherwise requires, any reference in any of the following provisions of these Regulations to an agreement is a reference to an agreement made under the preceding paragraphs of this regulation; and any such agreement shall be in writing and be sealed, before the end of the preliminary period, by —

(a) in the case of an agreement under paragraph (2) above, all the successor authorities; and

(b) in the case of an agreement under paragraph (5) above, the relinquishing authority and the acquiring authority.