The Local Government Reorganisation (Property etc.) Order 1986

Interpretation

2.—(1) In this order—

“the principal Act” means the Local Government Act 1985;

“the 1972 Act” means the Local Government Act 1972;

“abolished council” means the Greater London Council or a metropolitan county council;

“the appropriate residuary body”, in relation to an abolished council, means the residuary body established for the area of that council;

“local council”, in relation to any land (including any length of highway) or to rights and liabilities arising in relation to any such land, means the council of the London borough or metropolitan district within which such land is situated or, if the land is situated in the City, the Common Council;

“property” does not include cash or the balance on any fund or account;

“records” includes any material in written or other form;and

“statutory provision” means any provision made by or under any enactment.

(2) Without prejudice to the Interpretation Act 1978, any reference to the vesting of land by virtue of this or any relevant order shall be construed as including the vesting of any contractual licence for the use of land.

(3) Subject to article 21, any vesting of land by the principal Act or this or any relevant order shall be construed as including the vesting of any drain or sewer (within the meaning of sections 90(4) and 343(1) of the Public Health Act 1936) which is not vested in a water authority, and which is used in connection with such land.

(4) In this order “relevant order” means any other order made (whether before or after this order) under the principal Act which effects the transfer of property, rights or liabilities of an abolished council and which comes into force on or before 1st April 1986.

(5) The provisions of this order are subject to any contrary provision made by any relevant order.

(6) Any reference in this order to a numbered map is to the map so numbered in the series issued by the Department of the Environment as “Maps of the Local Government Reorganisation (Property etc.) Order 1986”.

(7) Any provision in this order vesting property shall be construed, unless the context otherwise requires, as including a reference to the vesting of rights and liabilities of an abolished council in respect of any agreement for the hire or use by, or deposit with, such a council of any such property.

(8) Any vesting by this order of property, rights or liabilities in a residuary body is without prejudice to section 62 of the principal Act.

(9) Any reference in this order to any rights or liabilities of an abolished council includes a reference to rights or liabilities acquired or incurred by any predecessor in title of such a council.