The North Hull Housing Action Trust (Dissolution) Order 1998

Statutory Instruments

1998 No. 2871

HOUSING, ENGLAND AND WALES

The North Hull Housing Action Trust (Dissolution) Order 1998

Made

20th November 1998

Laid before Parliament

26th November 1998

Coming into force

1st January 1999

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred on him by section 88 of the Housing Act 1988(1) and of all other powers enabling him in that behalf, hereby makes the following Order–

Citation and commencement

1.  This Order may be cited as the North Hull Housing Action Trust (Dissolution) Order 1998 and shall come into force on 1st January 1999.

Interpretation

2.  In this Order–

“the 1981 Act” means the New Towns Act 1981(2);

“commencement date” means the date specified in article 1;

“the Commission” means the Commission for the New Towns(3);

“the dissolution date” means the date specified in article 6;

“the Trust” means the North Hull Housing Action Trust which was established by the North Hull Housing Action Trust (Area and Constitution) Order 1991(4).

Transfer of property, rights, liabilities and functions to the Commission

3.—(1) Subject to paragraph (2) below–

(a) any property, rights and liabilities remaining vested in the Trust; and

(b) any function exercisable by the Trust,

immediately before the commencement date shall be transferred to the Commission on that date.

(2) Paragraph (1) shall not apply in respect of any property, rights, liabilities and functions which the Trust has notified in writing to the Commission, at least 14 days before the commencement date, as those which it thinks it necessary or expedient to retain for the purpose of preparing its final accounts and report and winding up its affairs.

(3) Any property, rights and liabilities remaining vested in the Trust and any function exercisable by the Trust immediately before the dissolution date shall be transferred to the Commission on that date.

Additional functions of the Commission

4.—(1) The purposes for which the Commission exists, as mentioned in section 36(1) of the 1981 Act (functions of Commission), shall also include–

(a) to take over and, with a view to its eventual disposal, to hold, manage and turn to account the property of the Trust transferred to the Commission by article 3, and

(b) as soon as it considers it expedient to do so, to dispose of property so transferred, and

(c) to carry out any functions transferred to it by article 3.

(2) In this article–

(a) any reference to property transferred to the Commission by article 3 includes a reference to rights and liabilities so transferred; and

(b) in relation to liabilities so transferred, any reference to disposal includes a reference to extinguishment.

Restrictions on additional functions of the Commission

5.  Section 37 of the 1981 Act shall have effect as if any reference to section 36 included a reference to article 4.

Dissolution of the Trust

6.  The Trust shall be dissolved on 1st March 1999.

Revocation of Order

7.  The North Hull Housing Action Trust (Area and Constitution) Order 1991(5) is revoked with effect from the dissolution date.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Hilary Armstrong

Minister of State,

Department of the Environment, Transport and the Regions

20th November 1998

Explanatory Note

(This note is not part of the Order)

This Order transfers to the Commission for the New Towns (“the Commission”) any property, rights, liabilities and functions of the North Hull Housing Action Trust (“the Trust”) on 1st January 1999, except those which the Trust has notified the Commission that it needs to retain for the purpose of preparing its final accounts and report and winding up its affairs. The Order transfers the remaining property, rights, liabilities and functions of the Trust to the Commission on 1st March 1999, and dissolves the Trust on that date. It also revokes the North Hull Housing Action Trust (Area and Constitution) Order 1991 with effect from that date.

The Order gives additional functions to the Commission to enable the transfer to the Commission to take place.

(1)

1988 c. 50; section 88 was amended by section 144 of the Housing Grants, Construction and Regeneration Act 1996 (c. 53).

(2)

1981 c. 64.

(3)

See section 35 of the New Towns Act 1981.

(4)

S.I. 1991/1641.

(5)

S.I. 1991/1641.