The Local Government (Children) Order 1974

8.—(1) A successor authority which has been notified by a dissolved authority under the provisions of article 7 of this order and who is of opinion that another successor authority should have been so notified may within two months of being so notified, apply to the Secretary of State to determine whether that other successor authority or, as the case may be, no successor authority should have been notified in accordance with the said provisions.

(2) A successor authority notified as aforesaid may, within two months of being notified, agree with any other successor authority that—

(a) any person transferred to their care, detention or supervision in pursuance of the foregoing provisions of this order, or

(b) any function, power, right or liability vested in or attaching to them in pursuance of the foregoing provisions of this order, or

(c) any appointment of their director of social services as guardian ad litem in an application for an adoption order under the Adoption Act 1958 in pursuance of the foregoing provisions of this order,

be transferred to, vested in or attached to that other successor authority or their director or social services, as the case may be.

(3) Where the Secretary of State determines that another successor authority should have been notified by a dissolved authority or where a successor authority notified by a dissolved authority agrees with any other successor authority under paragraph (2) of this article—

(a) that other successor authority may, not later than the day previous to the specified date take over the person, function, power, right or liability that is the subject of the determination or agreement,

(b) any expenses duly incurred on or after the specified date by the successor authority notified as aforesaid in connection with that person, function, power, right or liability, including any travelling or other expenses incurred in connection with the transfer of his care to that other successor authority, may be recovered from that other successor authority.

(4) Where, before a person, function, power, right or liability mentioned in paragraph (3)(a) of this article is taken over in accordance with that sub-paragraph, the person ceases to be in care or detention, or the function, power, right or liability is varied, including variation by reason of the reception back into care of a person to whom such a function, power, right or liability relates, the said sub-paragraph shall apply as if the changed circumstances had existed immediately before the determination or agreement and had been dealt with in the same way as the matters which were the subject of the determination or agreement.

(5) Where the Secretary of State determines that another successor authority should have been notified by the council of a dissolved authority, or where a successor authority notified by a dissolved authority agrees with any other successor authority under paragraph (2) of this article, that other successor authority and no other shall be deemed to have been for the purposes of this order the successor authority that was notified.

(6) Where the Secretary of State determines that no successor authority should have been notified, it shall be deemed that no successor authority has been notified for the purposes of this order.

(7) Subject to the foregoing provisions of this article, where a successor authority has been notified by a dissolved authority concerning the appointment of their director of social services as guardian ad litem for the purposes of an application for an adoption order under the Adoption Act 1958, that director of social services shall, for the purposes of the foregoing provisions of this order, be deemed to have been duly appointed guardian ad litem for the purposes of that application.

(8) Subject to the foregoing provisions of this article, a successor authority which has been notified by a dissolved authority shall be deemed to be the authority to which for the purposes of the foregoing provisions of this order, the persons, functions, powers, rights or liabilities therein mentioned are, on the specified date, transferred.