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4. Article 12 has effect, within the meaning of items 2, 7, 8, 9, 11 and 12 in the table in this Schedule, in relation to any property, where before 1st April 1974, in respect of such property—
an agreement has been entered into under paragraph (3), (4) or (5) of that article;
a determination has been given under paragraph (7) of that article;
notice has been given under paragraph (3) of article 38
and in relation to any liabilities incurred, contracts, deeds, bonds, agreements and other instruments subsisting, notices given, actions and proceedings pending and causes of action or proceeding existing in relation to such property.
(1) | (2) | (3) | (4) |
---|---|---|---|
Item No. | Transferor authority | Matters transferred | Transferee authority |
1 | The county council of any county | Property acquired by the county council in the exercise of their functions under the Rural Water Supplies and Sewerage Act 1944 or in making contributions to a county district council in respect of works of water supply or sewerage or sewage disposal, in any area | The water authority for sewerage and sewage disposal purposes for the area in which the area described in column (3) is situated |
2 | The county council of Brecon, Denbigh, Glamorgan, Merioneth or Monmouthshire | District matters in relation to any area of the county included in a new district | The council of the district in which the area is comprised |
Other local matters (not being police matters, matters as to which article 12 has effect or matters provided for in item 1) in relation to any area of the county included in a new county | The council of the county in which the area is comprised | ||
3 | The county council of Anglesey, Cardiganshire, Montgomeryshire or Radnorshire | District matters | The council of the district in which the area of the county is comprised |
4 | The county council of Caernarvon, Carmarthenshire, Flintshire or Pembroke | District matters in relation to any area of the county included in a new district | The council of the district in which the area is comprised |
5 | The county council of Brecon, Caernarvon, Carmarthenshire, Denbigh, Flintshire, Glamorgan, Merioneth, Monmouthshire or Pembroke | Land situated outside the county falling within the definition of district matters | The council of the district specified in respect of the county council in column (3) of Part I of Schedule 4 |
6 | The corporation or council of the county borough of Cardiff, Merthyr Tydfil, Newport or Swansea | County matters | The council of the county in which the area of the county borough is comprised |
7 | The council of the urban district of Gelligaer | County matters | The County Council of Mid Glamorgan |
Community matters in relation to any area of the urban district included in a community | The community council of the community | ||
Other local matters (not being sewerage or sewage disposal matters or matters as to which article 12 has effect) in relation to any area of the urban district included in a new district | The council of the district in which the area is comprised | ||
8 | The council of the urban district of Bedwellty | County matters in relation to any area of the urban district included in a new county | The council of the county in which the area is comprised |
Other local matters (not being sewerage or sewage disposal matters or matters as to which article 12 has effect) in relation to any area of the urban district included in a new district | The council of the district in which the area is comprised | ||
Land situated outside the urban district falling within the definition of county matters | The County Council of Gwent | ||
9 | The council of the urban district of Caerphilly | County matters | The County Council of Mid Glamorgan |
Other local matters (not being sewerage or sewage disposal matters or matters as to which article 12 has effect) in relation to any area of the urban district included in a new district | The council of the district in which the area is comprised | ||
10 | The corporation or council of any non-county borough or the council of any urban district not included in items 7, 8 and 9 | County matters | The council of the county in which the area of the borough or urban district is comprised |
Where a community council is established for the area of the borough or urban district under section 27(3) or (4) of the Act, community matters and the historic and ceremonial property, and in particular the charters, insignia and plate, of the borough or district | The community council | ||
11 | The council of the rural district of Gwyrfai, Hawarden, Pontypool or Wrexham | County matters | The council of the county in which the area of the rural district is comprised |
Other local matters (not being sewerage or sewage disposal matters or matters as to which article 12 has effect) in relation to any area of the rural district included in a new district | The council of the district in which the area is comprised | ||
12 | The council of the rural district of Aled, Cardiff, Cowbridge, Crickhowell, Hiraethog, Magor and St Mellons, Neath or Vaynor and Penderyn | County matters in relation to any area of the rural district included in a new county | The council of the county in which the area is comprised |
Other local matters (not being sewerage or sewage disposal matters or matters as to which article 12 has effect) in relation to any area of the rural district included in a new district | The council of the district in which the area is comprised | ||
Land situated outside the rural district falling within the definition of county matters | The council of the county comprising the district whose council is specified in respect of the council of the rural district in column (2) of Part II of Schedule 4 | ||
13 | The council of any rural district not included in items 11 and 12 | County matters | The council of the county in which the area of the rural district is comprised |
14 | The corporation or council of any borough or the council of any urban district or rural district | (a) Rights acquired or liabilities incurred in relation to the cost of construction in any area of any public sewer or sewage disposal works constructed under powers other than the Public Health Act 1936 or enactments replaced by that Act prior to its declaration as a public sewer or sewage disposal works | The authority exercising such powers in that area on and after 1st April 1974 |
(b) Subject to (a), where the area of the borough, urban district or rural district is comprised in the area for sewerage and sewage disposal purposes of one water authority, sewerage and sewage disposal matters | The water authority | ||
(c) Subject to (a), where the area of the borough, urban district or rural district is comprised in the area for sewerage and sewage disposal purposes of two or more water authorities, sewerage and sewage disposal matters being local matters in relation to any area of the borough, urban district or rural district comprised in the area of a water authority | The water authority | ||
15 | The urban district council of Chepstow | Port health matters in respect of the Gloucester (Chepstow Division) Port Health District | The District Council of Monmouth |
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