The Local Government Changes For England (Property Transfer and Transitional Payments) (Amendment) (No. 2) Regulations 1996

Explanatory Note

(This Note is not part of the Regulations)

These Regulations amend the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995 (“the Property Regulations”) which make provision of general application for the transfer of the property, rights and liabilities of local authorities which are subject to structural or boundary changes under the Local Government Act 1992 (“the 1992 Act”).

Regulation 19 is amended so that its provisions relating to arbitration may apply where property, rights or liabilities are vested by any statutory instrument made under the 1992 Act, or in connection with that Act or such an instrument, under any other Act (“relevant instrument”).

Regulation 21 is amended so that its provisions apply not only to an authority specified as the designated authority in an order under section 17 of the 1992 Act but also to an authority so specified in any other relevant instrument.

Amendments are made in the Schedule to the Property Regulations which sets out the calculations to be made for the purposes of determining the amounts of transitional payments which are payable under Part III of those Regulations. An alternative to the second calculation is provided where, on the day immediately before the reorganisation date, an abolished authority in relation to which there are two or more successor authorities, or the relinquishing authoritity in relation to a transferred area, had a credit ceiling (determined under Part III of Schedule 3 to the Local Government and Housing Act 1989) which is a negative amount and no money outstanding by way of borrowing other than borrowing of specified descriptions.