The Local Authorities (England) (Property etc.) Order 1973

Residual transfer of property, etc

16.—(1) Save as provided in paragraph (2) of this article, paragraph (1) of article 9 applies to this article as it applies to article 9.

(2) The following entry in Schedule 4, namely—

The representative body of any parish not included in the preceding items

shall extend to property held by any such representative body for the purposes of charitable trusts.

(3) Subject to the provisions of articles 9 to 15 or of articles 11(2) and (3) and 18 in their application to any matters provided for in articles 9 to 15—

(a)all property and liabilities vested in or attaching to an authority described in column (1) of Part I or II of Schedule 4 (or of any extension thereof effected by any further order under section 254 of the Act made before 1st April 1974) shall by virtue of this order be transferred to and vest in or attach to the authority specified in respect of such authority in column (2);

(b)all contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given (or have effect as if they had been given) by, or to, an authority described in column (1) of Part I or II of Schedule 4 (or of any extension thereof as aforesaid) shall be of full force and effect in favour of, or against, the authority specified in respect of such authority in column (2);

(c)any action or proceeding or any cause of action or proceeding, pending or existing at 1st April 1974, by, or against, an authority described in column (1) of Part I or II of Schedule 4 (or of any extension thereof as aforesaid) shall not be prejudicially affected by reason of the Act or the Water Act 1973, and may be continued, prosecuted and enforced by, or against, the authority specified in respect of such authority in column (2); and

(d)any power to appoint any person to any body belonging to an authority described in column (1) of Part I or II of Schedule 4 (or of any extension thereof as aforesaid) in respect of any matter provided for in (a) or (b) shall be transferred to the authority specified in respect of such authority in column (2).