The Local Authorities (England) (Property etc.) Order 1973

Provision supplementary to article 9

10.—(1) The provision made in this article applies in the application of article 9.

(2) Any question as to the functions for the purposes of which any property is held, any liabilities have been incurred, any contract, deed, bond, agreement or other instrument subsists, any notice has been given or any action or proceeding or cause of action or proceeding relates shall, subject to the provision of paragraph (6), be determined by the transferor authority.

(3) Any question whether any property is historic or ceremonial property shall, subject to the provision of paragraph (6), be determined by the transferor authority.

(4) (a) Where any land or any part of any land vested immediately before 1st April 1974 in an authority described in column (2) of the table in Schedule 2 is situated in two or more areas specified in respect of that authority in the said table, the land or the part shall be deemed to be situated in the area so specified in which the greater proportion of it is situated.

(b) Where part of any land vested as aforesaid is situated (or is under (a) deemed to be situated) in an area specified in respect of an authority described in column (2) of the said table, any part of the land situated outside the area of that authority shall be deemed to be situated within the area so specified.

(c) Any question as to the area in which the greater proportion of the land or the part is situated shall, subject to the provision of paragraph (6), be determined by the transferor authority.

(5) Where in relation to any land held (or under article 19, 20 or 39 deemed to be held) for the purposes of the deposit of refuse—

(a) deposit has been completed; and

(b) it has been resolved that the land shall be used (otherwise than temporarily) for the purposes of a particular function,

the land shall be deemed to be held for those purposes and shall be held by the authority to whom it is transferred for those purposes.

Any question whether the deposit of refuse has been completed, or whether it has been resolved as described in (b), or whether any use is temporary, shall, subject to the provision of paragraph (6), be determined by the transferor authority.

(6) If notice is given by any authority that they are dissatisfied with any determination under paragraph (2), (3), (4) or (5), the question shall be determined by agreement between the authorities concerned or failing such agreement by the decision of a person agreed on by such authorities or in default of agreement appointed by the Secretary of State.

(7) The provisions of section 187(2) and (3) of the Act shall be disregarded.

(8) The provision of off-street parking places for vehicles shall be treated as a function exercisable on and after 1st April 1974 by both county and district councils.