Transfer of property, rights and liabilities
8.—(1) Nothing in this regulation shall apply to–
(a)any property held by an authority, as sole trustee, exclusively for charitable purposes;
(b)any rights or liabilities of an authority in respect of such property,
but see regulation 9.
(2) Subject to paragraph (5), all property vested in, and all rights and liabilities acquired, accrued or incurred by, an authority described in column (1) of the Table below and specified in relation to that authority in column (2) shall transfer to and vest in or, as the case may be, become rights and liabilities of, the authority specified in column (3).
TABLE
| (1) | (2) | (3) |
|---|---|---|
| Transferor authority | Specified property, rights and liabilities | Transferee authority |
| An abolished authority | Property, rights and liabilities of the abolished authority which relate to the transferred area | The transferee authority to which the transferred area transfers |
| The council of a parish which is subject to an alteration in its administrative area consisting of the loss of a transferred area | Property, rights and liabilities of that council which relate to the transferred area | The council of the transferee parish or, if there is no such parish, or the parish has no council, the council of the district or, where there is no council for the district, the county council within whose area the transferred area lies |
(3) All contracts, deeds, bonds, agreements, licences and other instruments subsisting immediately before the order date in favour of, or against, and all notices in force immediately before that date which were given, or have effect as if given, by or to a transferor authority in respect of any transferred area shall be of full force and effect in favour of, or against, the transferee authority.
(4) Any action or proceeding, or any cause of action or proceeding, pending or existing at the order date by or against a transferor authority in respect of any transferred property may be continued, prosecuted or enforced, as the case may be, by or against the authority to which such property is transferred.
(5) Where, in relation to an abolished authority, there is more than one transferee authority an amount equal to the appropriate proportion of the balances of the abolished authority as shown immediately before the order date in the authority’s capital and revenue accounts shall be transferred to the capital and revenue accounts, respectively, of each of the transferee authorities.
(6) In paragraph (5), “the appropriate proportion”, in relation to a transferee authority, means the same proportion as the population of the area transferred to that authority bears to the population of the area of the abolished authority; and the population of an area shall be taken to be the number estimated by the proper officer of the district in which the area of the abolished authority is situated by reference to the day immediately before the order date.
(7) For the purposes of this regulation, property, rights and liabilities of an authority are to be treated as property, rights and liabilities in relation to a transferred area if–
(a)in the case of land, it is situated in, or held exclusively for the purposes of, or in connection with, the exercise of functions in, or in relation to, the area;
(b)in the case of liabilities, they are liabilities incurred exclusively in respect of the area;
(c)in the case of contracts, deeds, bonds, agreements and other instruments, and notices, they relate exclusively to the area;
(d)in the case of actions and proceedings and causes of action or proceedings, they relate exclusively to the area.
(8) In this regulation “transferred property” means any property, rights or liabilities transferred by virtue of this regulation.