The Residuary Body for Wales (Winding Up) Order 1998

PART III WINDING UP AND RESIDUAL MATTERS

Winding Up, Annual Report and Closure of Accounts

6.—(1) At the end of 31st December 1998 any remaining functions, property, rights and liabilities of the Residuary Body shall transfer to and vest in Caerphilly, and the Residuary Body shall be wound up.

(2) Without prejudice to the generality of paragraph (1), any function under–

(a) paragraph 10 of Schedule 13 (reports and information) to the 1994 Act; or

(b) paragraphs 15 or 16 of the said Schedule 13 (accounts and audit)(1); or

(c) the Audit Commission Act 1998

which would, but for this Order, have fallen to be discharged on or after 1st January 1999 by the Residuary Body shall be discharged by Caerphilly.

Apportionment

7.—(1) All money transferred to, or sums realised by, Caerphilly, by or in pursuance of the transfer by this Order (other than by virtue of articles 3 or 4(1)) of any property or rights, shall after deduction of any relevant expenditure be apportioned among the Welsh councils in the appropriate proportions; and Caerphilly shall, not later than the end of the financial year in which such money or sums are received, pay the appropriate proportion to each of the other Welsh councils and shall retain the balance.

(2) If in any financial year the aggregate in that year of the sums referred to in paragraph (1) is insufficient to meet any relevant expenditure for that year that excess expenditure shall be apportioned among the Welsh councils in the appropriate portions; and the appropriate proportion shall be recoverable by Caerphilly from each of the other Welsh councils.

(3) In this article, “relevant expenditure” means expenditure attributable to this Order which is not defrayed by virtue of any other provision of this Order.

Co-operation etc.

8.—(1) Each other Welsh council shall provide Caerphilly with such assistance and information as Caerphilly may reasonably require for the purposes of discharging any of its functions under this Part of this Order.

(2) In relation to any documents that are vested in Caerphilly by virtue of article 6, each other Welsh council (acting through any authorised officer or agent) shall, upon giving reasonable notice to Caerphilly, be entitled during ordinary office hours to such rights of inspection of such documents as that other council may reasonably require.

(3) The right conferred by paragraph (2) includes the right to take or to be supplied with copies of such documents or any part of them including the right to require any document which is not in a legible form to be made available in legible form for the purposes of inspection or copying or being supplied with copies.

(1)

Paragraph 16 of Schedule 13 was amended by Schedule 3, paragraph 27 to the Audit Commission Act 1998 (c. 18).