Local Government Act 1929

Part I E+W Transitional Provisions

Transfer of Property E+W

1 E+W Where any property is transferred by or in pursuance of Part VII of this Act from one authority to another authority or body—

(a) the property shall, except as otherwise expressly provided, be held by the authority or body to whom it is transferred subject to all debts and liabilities affecting the property;

(b) the latter authority or body shall hold the property for the estate, interest, and purposes, and subject to the covenants, conditions, and restrictions for and subject to which the property would have been held if this Act had not been passed, so far as they are not modified by or in pursuance of Part VII of this Act;

(c) if and so far as the property consists of stock, the provisions of the M1 Local Government (Stock Transfer) Act, 1895, shall apply for the purposes of any such transfer in like manner, as if the transfer had been made by virtue of the M2 Local Government Act, 1894, with this modification, that for the reference to a certificate of the clerk of the county council there shall be substituted a reference to a certificate of the Minister.

Marginal Citations

M1 1895 c. 32.

M2 1894 c. 73 (56 & 57 Vict.).

2—4. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1 Sch. 9 Pt. I paras. 2–4, 7(1)(2), 8 and Pt. II paras. 1–6 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

Provisions when liability for loan is transferred to the council who made the loan E+W

5 E+W Where the liabilities of an authority transferred to a council under Part VII of this Act comprises a liability on account of money aovanced by that council to the authority, the Minister may make such orders as he thinks fit for providing for the repayment of any debts incurred by the council for the purposes of those advances within a period fixed by the order, and, where the money advanced to the authority was money standing to the credit of any sinking fund or capital money applied under the M3 Local Government Acts, 1888 and M4 1894, or either of them, for the repayment to the proper fund or account of the amount so advanced.

Marginal Citations

M3 1888 c. 41.

M4 1894 c. 73 (56 & 57 Vict.).

Provisions as to Loans of Rural District Councils for special Expenses E+W

6 E+W As from the appointed day, any sum borrowed or reborrowed before that date by the council of a rural district on the credit of any rate out of which special expenses of the council are payable shall be deemed to have been borrowed also upon the credit of any moneys from time to time received by the council under this Act and applicable for the purposes for which the loan was contracted, and any mortgage for the purpose of securing the repayment of any sum so borrowed with interest thereon shall have effect accordingly.

Saving for Pending Contracts, Legal Proceedings, &c. E+W

7 (1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W

(3) All contracts, deeds, bonds, agreements, notices, and other instruments affecting any functions, liabilities, debts, or property transferred by this Act and subsisting at the appointed day, shall be of as full force and effect against or in favour of the council to whom the transfer was made, and may be enforced as fully and effectually as if, instead of the authority named in the instrument, the council to whom the transfer was made had been a party thereto.

Textual Amendments

F2 Sch. 9 Pt. I paras. 2–4, 7(1)(2), 8 and Pt. II paras. 1–6 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V

8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 Sch. 9 Pt. I paras. 2–4, 7(1)(2), 8 and Pt. II paras. 1–6 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. V