The Residuary Body for Wales (Winding Up) Order 1998

Explanatory Note

(This note is not part of the Order)

The Order provides for the winding-up of the Residuary Body for Wales (“the Residuary Body”) in pursuance of a scheme submitted by that Body to the Secretary of State for Wales under para 18 of Schedule 13 to the Local Government (Wales) Act 1994. In particular, the Order provides for the distribution of the remaining functions and property of the Residuary Body among various county and county borough councils in Wales (“Welsh councils”).

The modifications made to the Residuary Body’s scheme are in respect of the vesting of the land described at paras 2 and 3 of Part I of Schedule 1 to the Order in the 4 successor councils with the largest beneficial interests in those properties rather than in a single “lead” authority.

Article 3 and Schedule 1, Part I provide for the transfer of the remaining land (and associated rights and liabilities) vested in the Residuary Body to specified successor Welsh councils.

Article 4 and Schedule 1, Part II provide for the transfer of certain other specific rights and liabilities of the Residuary Body to specified successor Welsh councils.

Article 5 provides for the transfer of £25,000 to Caerphilly County Borough Council to enable it to meet expected expenditure by it as the council with the function of winding up the outstanding affairs of the Residuary Body.

Article 6 provides for the transfer, at the end of December 1998 of the remaining functions, property rights and liabilities of the Residuary Body (including closure of its accounts and preparation of a final annual report) to Caerphilly CBC and for the winding-up of the Residuary Body.

Article 7 and Schedule 2 provide for apportioning among Welsh councils sums received or paid by Caerphilly CBC in finalising the affairs of the Residuary Body.

Article 8 requires other Welsh councils to provide Caerphilly CBC with assistance to enable it to finalise the affairs of the Residuary Body. It also gives other Welsh councils a right to inspect documents of the Residuary Body that are vested in Caerphilly CBC under article 6.

Article 9 provides for continuity in the exercise of functions.

Article 10 provides for the determination of disputes.