Letchworth Garden City Heritage Foundation Act 1995

1 Short title

This Act may be cited as the Letchworth Garden City Heritage Foundation Act 1995.

2 Interpretation

In this Act, unless otherwise expressly provided or the context otherwise requires—

• “the appointed day” means such day as the Corporation may appoint for the purposes of section 4 (1) of this Act;

• “the Corporation” means Letchworth Garden City Corporation;

• “the Heritage Foundation” means the industrial and provident society to be registered under the [1965 c. 12.] Industrial and Provident Societies Act 1965 with the name Letchworth Garden City Heritage Foundation;

• “the undertaking” means the undertaking of the Corporation.

3 Objects of Heritage Foundation

The only objects of the Heritage Foundation shall be those specified in Schedule 1 to this Act.

4 Transfer of undertaking

(1) On such day as the Corporation may appoint, the undertaking shall vest in the Heritage Foundation by virtue of this section including—

(a) all that property vested in the Corporation which immediately before the appointed day was held by them for the purposes of the undertaking;

(b) subject to section 13 (Repeal) of this Act, all rights, liabilities and obligations of the Corporation subsisting immediately before the appointed day for the purposes of the undertaking.

(2) The Corporation shall give not less than 28 days' notice of the appointed day by advertisement in the London Gazette and in at least one local newspaper circulating in the Letchworth area.

5 Continuance of undertaking

In carrying on the undertaking transferred by section 4 (Transfer of undertaking) of this Act the Heritage Foundation shall have regard to the maintenance of that undertaking as an entity in accordance with the principles upon which the Letchworth Garden City was founded.

6 Contracts of employment

Subsection (1) (b) of section 4 (Transfer of undertaking) and section 10 (Saving of agreements, etc.) of this Act shall apply to a contract for the employment of any person by the Corporation; and employment with the Corporation and the Heritage Foundation under any such contract shall be deemed for all purposes to be a single continuing employment.

7 Dissolution of Corporation

On the appointed day the Corporation shall be dissolved.

8 Final accounts of Corporation

(1) The accounts of the Corporation shall be made up to the appointed day and shall be audited by an auditor appointed by the Corporation, being a person eligible for appointment as a company auditor by virtue of section 25 of the [1989 c. 40.] Companies Act 1989.

(2) The Heritage Foundation shall send copies of the final accounts of the Corporation and the auditor’s report thereon to the North Hertfordshire District Council.

(3) The auditor’s fee shall be payable by the Heritage Foundation.

(4) Any sum certified by the auditor to be due from any person to the Corporation shall be paid to the Heritage Foundation.

9 Books, etc., to remain evidence

All books and documents which, if this Act had not been passed, would have been evidence in respect of any matter for or against the Corporation shall be admissible in respect of that matter for or against the Heritage Foundation.

10 Saving of agreements, etc

All sales, conveyances, leases, grants, assurances, deeds, contracts, bonds, agreements, notices and demands affecting the undertaking and in force immediately before the appointed day shall on and from that day be as binding and of as full force and effect in every respect and may be enforced as fully and effectively against or in favour of the Heritage Foundation as if the Heritage Foundation were a party thereto or bound thereby or entitled to the benefit thereof.

11 Pending actions not to abate

Any action, arbitration or proceeding and any cause of action, arbitration or proceeding pending or existing immediately before the appointed day by or against or in favour of the Corporation in relation to the undertaking shall not abate or be discontinued or be in anywise prejudicially affected by the transfer to the Heritage Foundation of the undertaking or by anything in this Act, but it may be continued, prosecuted and enforced by, against or in favour of the Heritage Foundation as and when it might have been continued, prosecuted and enforced by, against or in favour of the Corporation if this Act had not been passed, but not further or otherwise.

12 The Letchworth Commissioner

(1) For the purpose of conducting independent investigations in accordance with this section there shall be a commissioner to be known as the Letchworth Commissioner.

(2) Appointments to the office of Letchworth Commissioner shall be made, and removals from that office may be made, by the President of The Law Society.

(3) (a) Subject to the provisions of this section, where a written complaint is made by or on behalf of a member of the public who claims to have sustained injustice in consequence of maladministration in connection with action taken by or on behalf of the Heritage Foundation, being action taken in the exercise of administrative functions of the Heritage Foundation, the Letchworth Commissioner may investigate that complaint.

(b) The Letchworth Commissioner shall not conduct an investigation under this section in respect of—

(i) any action in respect of which the person aggrieved has or had a right of appeal, reference or review to or before a tribunal constituted by or under any enactment;

(ii) any action in respect of which the person aggrieved has or had a right of appeal to a Minister of the Crown;

(iii) any action in respect of which the person aggrieved has or had a remedy by way of proceedings in any court of law;

(iv) any action which in the opinion of the Letchworth Commissioner affects all or most of the inhabitants of Letchworth Garden City; or

(v) without prejudice to the preceding provisions of this section, any such action or matter as is described in Part III of Schedule 2 to this Act:

Provided that, notwithstanding sub-paragraphs (i), (ii) and (iii) above, the Letchworth Commissioner may conduct an investigation notwithstanding the existence of any right or remedy there mentioned if satisfied that in the particular circumstances it is not reasonable to expect the person aggrieved to resort or have resorted to it.

(c) A complaint shall not be entertained under this section unless it is made in writing to the Letchworth Commissioner specifying the action alleged to constitute maladministration within twelve months from the day on which the person aggrieved first had notice of the matters alleged in the complaint, but the Letchworth Commissioner may conduct an investigation pursuant to a complaint not made within that period if he considers that it is reasonable to do so.

(4) (a) A complaint under this section may be made by any individual, or by any body of persons whether incorporated or not, not being—

(i) a local authority or other authority or body constituted for purposes of the public service or of local government, or for the purposes of carrying on under national ownership any industry or undertaking or part of an industry or undertaking;

(ii) any other authority or body whose members are appointed by Her Majesty or any Minister of the Crown or government department, or whose revenues consist wholly or mainly of moneys provided by Parliament.

(b) Where the person by whom a complaint might have been made under this section has died or is for any reason unable to act for himself, the complaint may be made by his personal representative or by a member of his family or by some body or individual suitable to represent him; but except as aforesaid a complaint shall not be entertained under this section unless made by the person aggrieved himself.

(5) Before proceeding to investigate a complaint, the Letchworth Commissioner shall satisfy himself that the complaint has been brought, by or on behalf of the person aggrieved, to the notice of the Heritage Foundation and that the Heritage Foundation have been afforded a reasonable opportunity to investigate, and reply to, the complaint.

(6) In determining whether to initiate, continue or discontinue an investigation, the Letchworth Commissioner shall, subject to the preceding provisions of this section, act at discretion; and any question whether a complaint is duly made under this section shall be determined by the Letchworth Commissioner.

(7) It is hereby declared that nothing in this section authorises or requires the Letchworth Commissioner to question the merits of a decision taken without maladministration by the Heritage Foundation in the exercise of a discretion vested in them.

(8) Schedule 2 to this Act, which makes further provision concerning the Letchworth Commissioner and his functions, shall have effect.

(9) In this section and Schedule 2 to this Act, unless the context otherwise requires—

• “action” includes failure to act, and other expressions connoting action shall be construed accordingly;

• “Letchworth Garden City” has the same meaning as in Schedule 1 to this Act;

• “person aggrieved” means the person who claims or is alleged to have sustained any such injustice as is mentioned in subsection (3) (a) above;

• “tribunal” includes the person constituting a tribunal consisting of one person;

and any reference to the Heritage Foundation includes a reference to the Governors and officers of the Heritage Foundation; and references to a person aggrieved include references to his personal representatives.

13 Repeal

On the appointed day the [1962 c. xxxix.] Letchworth Garden City Corporation Act 1962 shall be repealed.

14 Costs of Act

The costs, charges and expenses preliminary to, and of and incidental to, the preparing and passing of this Act shall be paid by the Corporation and may in whole or in part be defrayed out of revenue.