The Local Government Changes for England (Capital Finance) Regulations 1995

Application of Part IV of the 1989 Act: general

3.—(1) This regulation applies—

(a) subject to any provision to the contrary made in these Regulations; and

(b) only so far as necessary for the application of Part IV of the 1989 Act as modified by these Regulations to a local authority in whom any relevant matters are vested.

(2) For the purposes of the application of Part IV of the 1989 Act and the 1990 Regulations, anything done by or in relation to an abolished authority or a relinquishing authority with respect to any relevant matters shall be treated on and after the reorganisation date as if done by or in relation to the local authority in which those matters are vested on, or at any time after, that date.

(3) The time when, by virtue of paragraph (2) above, any thing is treated as having been done by or in relation to a local authority in which any relevant matters are vested is the time when the thing in question was done by or in relation to the abolished authority or, as the case may be, the relinquishing authority.

(4) In this regulation and regulation 4, “relevant matters” means any functions, property, rights and liabilities of the abolished authority or relinquishing authority which, at any time, are vested in another local authority by virtue of—

(a) the order in relation to the abolished authority or relinquishing authority which is made under section 17 of the Local Government Act 1992(1) (“the 1992 Act”);

(b) a provision of the Transfer of Property Regulations;

(c) any agreement or determination made pursuant to those Regulations;

(d) a provision of the 1994 Regulations;

(e) an agreement or an award of the arbitrator made under section 20 of the 1992 Act; or

(f) a disposal by the Residuary Body under Part III of the Local Government Residuary Body (England) Order 1995(2).

(1)

1992 c. 19.

(2)

S.I. 1995/401.