The London Docklands Development Corporation (Transfer of Property, Rights and Liabilities) (Urban Regeneration Agency) Order 1998

Statutory Instruments

1998 No. 569

URBAN DEVELOPMENT

The London Docklands Development Corporation (Transfer of Property, Rights and Liabilities) (Urban Regeneration Agency) Order 1998

Made

5th March 1998

Laid before Parliament

10th March 1998

Coming into force

31st March 1998

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred on him by section 165B of the Local Government, Planning and Land Act 1980(1), and of all other powers enabling him in that behalf, having consulted the council of the London borough of Newham (being the local authority in whose area the relevant urban development area is situated), hereby makes the following Order—

Citation and commencement

1.—(1) This Order may be cited as the London Docklands Development Corporation (Transfer of Property, Rights and Liabilities) (Urban Regeneration Agency) Order 1998.

(2) This Order shall come into force on 31st March 1998.

Interpretation

2.  In this Order—

“the Agency” means the Urban Regeneration Agency;

“the Company” means the Royal Docks Management Authority Limited (company number 2363622);

“the Corporation” means the London Docklands Development Corporation;

“the Maps” means the maps respectively labelled “Map 1”, “Map 2”, “Map 3” and “Map 4” entitled “Maps referred to in the London Docklands Development Corporation (Transfer of Property, Rights and Liabilities) (Urban Regeneration Agency) Order 1998”, one set of which, signed by an Under Secretary in the Government Office for London, has been deposited and is available for inspection at the offices of each of the following—

(a)

the Department of the Environment, Transport and the Regions;

(b)

the Agency;

(c)

the council of the London borough of Newham; and

(d)

the council of the London borough of Tower Hamlets.

Transfer of property, rights and liabilities

3.  There are hereby transferred to the Agency on 31st March 1998(2)—

(a) such ordinary shares in the share capital of the Company as are vested in the Corporation immediately before that date, together with any rights and liabilities which the Corporation has in relation to those shares;

(b) the rights and liabilities of the Corporation under the shareholders' agreement entered into by the Corporation and the Company on 28th September 1990 as amended by a deed of variation made on 26th November 1991; and

(c) the land which is shown bounded externally by a red line and coloured pink on the Maps, together with any rights and liabilities which the Corporation has in relation to that land.

Modification of the Leasehold Reform, Housing and Urban Development Act 1993

4.  Notwithstanding anything in subsection (2)(b) of section 160 of the Leasehold Reform, Housing and Urban Development Act 1993(3) (general powers of Agency), the powers conferred on the Agency by subsection (1) of that section shall be taken to include power to acquire the shares, the rights and liabilities and the land transferred to it by article 3.

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

Richard Caborn

Minister of State,

Department of the Environment, Transport and the Regions

5th March 1998

Explanatory Note

(This note is not part of the Order)

Article 3 of this Order transfers to the Urban Regeneration Agency specified property, rights and liabilities vested in the London Docklands Development Corporation, including ordinary shares in the Royal Docks Management Authority Limited, rights and liabilities under a shareholders' agreement with that company and land situated in the London boroughs of Newham and Tower Hamlets which is shown edged with a black line and hatched on the map below.

Section 160(2)(b) of the Leasehold Reform, Housing and Urban Development Act 1993 prevents the Urban Regeneration Agency from acquiring an interest in a body corporate which at the time of the acquisition is carrying on a trade or business, if the effect of the acquisition would be to make the body corporate a subsidiary of the Agency. Article 4 of this Order modifies section 160 so that, notwithstanding subsection (2)(b), the powers conferred on the Urban Regeneration Agency are taken to include power to acquire the property, rights and liabilities vested in it by this Order.

The maps referred to in the Order may be inspected during normal office hours at the following offices:

(a) the Department of the Environment, Transport and the Regions, 2 Marsham Street, London SW1P 3EB until the end of March 1998 and then Ashdown House, 123 Victoria Street, London SW1E 6DE;

(b) the Urban Regeneration Agency, 58-60 St. Katharine’s Way, London E1 9LB;

(c) the council of the London borough of Newham, Town Hall, Barking Road, East Ham, London E6 2RP; and

(d) the council of the London borough of Tower Hamlets, Town Hall, Mulberry Place, 5 Clove Crescent, London E14 2BG.

(1)

1980 c. 65; section 165B was inserted by section 143(1) of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) (“the 1996 Act”).

(2)

There are no proposals to transfer any of the property, rights or liabilities to which this article refers under section 165 or 165A of the Local Government, Planning and Land Act 1980. Section 165 was amended by section 180 of, and Schedule 22 to, the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (“the 1993 Act”) and by section 143(3) of the 1996 Act. Section 165A was inserted by section 180(2) of the 1993 Act and was amended by section 143(4) of the 1996 Act.

(3)

1993 c. 28.