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The Local Government Changes for England (Property Transfer and Transitional Payments) (Amendment) Regulations 1996

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Explanatory Note

(This note is not part of the Regulations)

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

2.  Most of the amendments make provision for the transfer of dwellings which are accounted for within the Housing Revenue Account (“HRA”) of authorities, other property accounted for in the same account, and rights and liabilities in respect of such dwellings and other property.

3.  Regulation 5 of the Property Regulations is amended to prevent HRA dwellings being identified as not required by any of the authorites concerned for the exercise of their functions after reorganisation.

4.  Regulation 6 is amended to provide that HRA dwellings of abolished authorities which are not vested in a successor by agreement are vested in the successor in whose area they are situated, together with other specified HRA property.

5.  Regulation 8 is amended to provide that where a relinquishing and acquiring authority in relation to a transferred area are unable to reach an agreement in respect to HRA dwellings in that transferred area, then those dwellings, together with specified HRA property and specified rights and liabilities, vest in the acquiring authority.

6.  The Schedule to the Property Regulations, which relates to transitional payments, is amended by the inclusion of a separate calculation relating to specified amounts included in the HRA or connected to it.

7.  In addition, regulation 6 of the Property Regulations is amended to exclude from rights and liabilities vesting in the Residuary Body certain rights and liabilities relating to claims for personal injury or damage to property.

8.  There are other minor and drafting amendments.

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