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The Local Authorities etc. (Miscellaneous Provision) (No. 4) Order 1974

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Property, liabilities, contracts, etc., notices and proceedings

10.—(1) Any property described in column (2) of Part I, II or III of Schedule 2 of an authority named in column (1) and all liabilities attaching to the said authority in respect of any such property shall by virtue of this order be transferred to and vest in or attach to the authority specified in respect of such property in column (3), and—

(a)all contracts, deeds, bonds, agreements and other intruments 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, the authority named in the said column (1) in respect of such property and liabilities shall be of full force and effect in favour of, or against, the authority specified in column (3); and

(b)any action or proceeding or any cause of action or proceeding, pending or existing at the coming into operation of this order, by, or against, the authority named in the said column (1) in respect of such property and liabilities shall not be prejudicially affected by reason of this article, and may be continued, prosecuted and enforced by, or against, the authority specified in column (3).

(2) Articles 11, 17, 23, 28, 29, 32, 33, 34(2), 35, 38 and 39 of the Local Authorities (England) (Property etc.) Order 1973(1) and articles 7 and 8 of the Local Authorities etc. (England) (Property etc.: Further Provision) Order 1974(2) shall apply as if paragraph (1) above and Parts I and II of Schedule 2 were contained in the said order of 1973.

(3) Articles 11, 17, 23, 27, 28, 31, 32, 33(2), 34, 37 and 38 of the Local Authorities (Wales) (Property etc.) Order 1973(3) and articles 6 and 8 of the Local Authorities etc. (Wales) (Property etc.: Further Provision) Order 1974(4) shall apply as if paragraph (1) above and Parts I and III of Schedule 2 were contained in the said order of 1973.

(4) The Teesside Airport shall be held by the County Council of Cleveland for the joint use and benefit of themselves, the County Council of Durham and such other local authorities as may from time to time be agreed on by the said county councils.

(5) The Newcastle Airport shall be held by the County Council of Tyne and Wear for the joint use and benefit of themselves and the County Councils of Durham and Northumberland.

(6) Article 8 (sewers and sewage disposal works) of the Local Authorities (England) (Property etc.) Order 1973 as extended by article 4(4) of the Local Authorities etc. (England) (Property etc.: Further Provision) Order 1974 shall also apply to branch and trunk sewers constructed by the Harlow New Town Development Corporation under the Public Health Act 1936 and included as general development expenditure in Schedule No. 1 to the Corporation's accounts, and article 16A inserted in the said order of 1973 by article 4(10) of the said order of 1974 shall have effect accordingly.

(7) In item 26 in Schedule 2 to the Local Authorities (England) (Property etc.) Order 1973 as amended by article 4(18)(c)(viii) of the Local Authorities etc. (England) (Property etc.: Further Provision) Order 1974 the word “Hampshire” wherever occurring, and the entry for the Hampshire police authority in Schedule 4 to the said order of 1973 as amended by article 4(20)(b) of the said order of 1974, shall cease to have effect.

(8) All property and liabilities immediately before 1st April 1974 vested in or attaching to the Hampshire police authority shall by virtue of this order be transferred to and vest in or attach to the County Council of Hampshire or the Hampshire Police Authority, as may be appropriate, and—

(a)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, the said police authority in respect of such property or liabilities shall be of full force and effect in favour of, or against, the County Council of Hampshire or the Hampshire Police Authority, as the case may be; and

(b)any action or proceeding or any cause of action or proceeding, pending or existing immediately before the coming into operation of this order, by, or against, the said police authority in respect of such property or liabilities shall not be prejudicially affected by reason of the Act, and may be continued, prosecuted and enforced by, or against, the County Council of Hampshire or the Hampshire Police Authority, as the case may be.

(1)

(1973 III, p. 6401).

(2)

(1974 I, p. 1276).

(3)

(1973 III, p. 6452).

(4)

(1974 I, p. 1264).

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