Local Government (Scotland) Act 1947

Section 317.

TENTH SCHEDULE Provisions with Respect to the Construction of Acts and Documents and other Matters in Case of Transfer of Functions.

1 All books, records and other documents relating exlusively to any function transferred by or by virtue of this Act shall be delivered to the transferee authority, who shall also have access at all reasonable times to any books, records or other documents relating in part to any function so transferred.

2 Any reference in any enactment or statutory order to the authority being the transferor authority under this Schedule shall, so far as necessary for the purposes of the transfer of functions by or by virtue of this Act, be construed as a reference to the authority being the transferee authority under this Schedule.

3 All contracts, deeds, agreements, regulations, byelaws, notices and other instruments and documents affecting any functions transferred by or by virtue of this Act, so far as relating to such transfer, shall be of full force and effect in favour of or against the transferee authority and may be enforced as fully and effectually as if instead of the authority named in the instrument or document the transferee authority had been a parry thereto.

4 Where anything has been commenced by or under the authority of the transferor authority before the date on which the transfer takes effect and such thing is in relation to a function transferred by or by virtue of this Act, such thing, so far as relating to the transfer, may be carried on and completed by or under the authority of the transferee authority.

5 Where at the date on which the transfer takes effect any legal or other proceeding is pending to which a transferor authority are a party and such proceeding has reference to a junction transferred by or by virtue of this Act, the transferee authority shall, so far as relating to the transfer, be substituted in such proceeding for the transferor authority, and such proceeding shall not lapse or abate by reason of the substitution.

6 Any cause of action by or against any transferor authority which exists at the date on which the transfer takes effect in relation to any function transferred by or by virtue of this Act shall not be prejudicially affected by the transfer, but may, so far as relating to the transfer, be prosecuted or enforced by or against the transferee authority as successors of the transferor authority.