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The West Midlands Residuary Body (Winding Up) Order 1991

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Explanatory Note

(This note is not part of the Order)

This Order provides for the winding up of the West Midlands Residuary Body in pursuance of a scheme submitted by that Body to the Secretary of State under section 67 of the Local Government Act 1985. The modifications made to the Residuary Body’s scheme are:

(a)Lichfield, rather than Birmingham, receive £1.35 million for repair of water supply and sewerage works in Canwell, Staffordshire; and

(b)Lichfield, rather than Birmingham, inherit the rights and liabilities of the Residuary Body in respect of the Canwell Estates Company Limited.

Article 2 provides for the land which the Residuary Body has agreed to sell, or which is the subject of an option to purchase, and the Residuary Body’s interests in land situated outside the county of West Midlands to transfer to Birmingham City Council; and for other land in the county to vest in the council of the district in which it is situated. Provision is made for the transfer of two specified properties to Staffordshire County Council. Article 2 also provides for the transfer of associated rights and liabilities.

Article 3 provides for the transfer of specified sums to Wolverhampton and Lichfield metropolitan district councils to enable them to meet certain specified expenditure.

Article 4 provides for the transfer to Wolverhampton of remaining functions in relation to contracts of employment and pensions.

Article 5 makes provision for the transfer of remaining rights, liabilities and records of the Residuary Body.

Article 6 winds up the Residuary Body on 31st March 1991 transferring any remaining functions, property, rights and liabilities to Birmingham.

Article 7 makes general provision for apportioning among the councils in the county the sums received and paid by Birmingham or Wolverhampton. Article 8 provides for continuity in the exercise of functions. Article 9 provides for the handling of complaints or maladministration on the part of the Residuary Body and article 10 for the determination of disputes. Article 11 revokes the Local Government Reorganisation (Capital Money) (West Midlands) Order 1986.

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