The Local Government Reorganisation (Property) (West Midlands) Order 1988

Made27th April 1988

Laid before Parliament5th May 1988

Coming into force26th May 1988

Whereas the West Midlands Residuary Body, acting pursuant to section 67(2) of the Local Government Act 19851 has submitted proposals to the Secretary of State for the transfer of certain property, rights and liabilities to local authorities, and he has decided to give effect to those proposals without modification;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 67(3) of that Act, and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation1

1

This Order may be cited as the Local Government Reorganisation (Property) (West Midlands) Order 1988, and shall come into force on 26th May 1988.

2

In this Order—

“the relevant councils” means the councils of all the districts in the county of West Midlands, and
“the Residuary Body” means the West Midlands Residuary Body.

Specified property2

There shall vest in each body mentioned in Schedule 1 the property so mentioned in relation to that body.

Highways property3

All property of the Residuary Body situated in the districts of Coventry, Dudley or Solihull, other than property mentioned in Schedule 2, which immediately before 1st April 1986 was held by the West Midlands County Council for the purposes of its functions relating to highways shall vest in the council of the district in which it is situated.

Rights and liabilities

4

There shall vest in each body to which property is transferred by article 2 or 3 above all rights and liabilities of the Residuary Body acquired or incurred exclusively in connection with that property.

5

All rights and liabilities of the Residuary Body in relation to undertakings by the West Midlands County Council, given on the dates and to the bodies mentioned in Schedule 3, to pay moneys by way of grant, shall vest jointly and severally in the relevant councils.

West Midlands Arts Trust6

The right of the West Midlands County Council under the articles of association of the West Midlands Arts Trust to nominate two members of the Council of the Trust shall vest jointly in the relevant councils.

Nicholas RidleySecretary of State for the Environment27th April 1988

SCHEDULE 1TRANSFERS OF SPECIFIED PROPERTY

Article 2

Transferee body	Property transferred
Birmingham City Council	11 Anchorage Road, Sutton Coldfield 38 Bell Lane, Northfield 874, 876, 882 and 884 Bristol Road, Selly Oak.
Dudley Metropolitan Borough Council	A triangular area consisting of approximately 130 square yards, situated in Birmingham Street, Dudley, approximately 230 feet from its junction with Castle Hill.
Sandwell Metropolitan Borough Council	11 Ashley Street, Rowley Regis 23 and 45 Great Bridge 22 Halesowen Road, Cradley Heath The former Police Station, Holyhead Road, Wednesbury.
Wolverhampton Metropolitan Borough Council	88 and 90 Coseley Road, Bilston 104 and 106 High Street, Bilston The former highway depot at the junction of Lunt Road and Vulcan Road, Bilston 37 Lunt Road, Bilston A parcel of land consisting of approximately 592 square yards, forming part of the unadopted road at Railway Drive, Wolverhampton.
West Midlands Police Authority	The island site, consisting of approximately 7,725 square yards, bounded by Tower Street, Pipers Row, Bilston Street and Market Street, Wolverhampton.

SCHEDULE 2HIGHWAYS PROPERTY EXCLUDED FROM TRANSFER

Article 3

Street	Number of House, Building or Site
A. Coventry
Bramble Street	15, 23 and 37
Bridgeman Road	59, 67, 74 and 92
Brighton Street	8
Caldecote Road	8, 10, 14, 17, 28, and 32
Cashs Lane	28
Foleshill Road	640 and 644
Grafton Street	35 and 85
Gulson Road	175, 179, 195 and 206
Holbrook Lane	12
Honeyfield Road	22 and 30
Lythalls Lane	193 and 195
Mulliner Street	12 and 126
Newdigate Road	9 and 16
Sandy Lane	44
St George’s Road	14, 25 and 26
St Margaret’s Road	5, 18 and 27
Stoney Stanton Road	315
Villiers Street	2 and 3
B. Dudley
Attwood Street, Halesowen	58, 60 and 62
Bagley Street, Stourbridge	31 and 33
Birmingham Street, Halesowen	31, 32, 33 and 34
Bott Lane, Stourbridge	23
Brooke Street, Dudley	1
Church Street, Stourbridge	19, 21, 23, 25 and 27
Clarence Street, Upper Gornal	68
Dudley Road, Sedgley	1 and 22
Hagley Road, Halesowen	48
Hall Street, Oldswinford	9 and 11
Hickman Street, Lye	17
High Street, Halesowen	8 and 10
High Street, Wordsley	14, 15, 16, 19 and 20
Hill Street, Upper Gornal	47 and 48
Moor Street, Brierley Hill	40
New Road, Netherton	99
Norton Road, Stourbridge	2, 3, 5 and 7
Park Road, Halesowen	138, 140, 142 and 144
Parkfield Road, Stourbridge	92, 94, 96 and 98
Prince Street, Netherton	28
Round Street, Netherton	36A, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64 and 65
Short Street, Halesowen	22
South Road, Stourbridge	2
Vicar Street, Dudley	60A, 60B and 60C
Windmill Hill, Halesowen	54
Worcester Street, Stourbridge	115

Other land

Land situated on the south west corner of Chapel Street and High Street, Pensnett, and consisting of the sites of 2 Chapel Street and 158 and 160 High Street.

Land adjoining 59 Talbot Street, Halesowen, and lying in part at the rear of 44 to 48 (even) Windmill Hill.

The parcels of land consisting of the approximate area mentioned below and situated as so mentioned:—

0.5 acres	On the north side of Blackbrook Road, Netherton, between the two arms of the Dudley Canal.
488 square yards	On the north west side of Furnace Road, Dudley, having a frontage of approximately 65 feet to the road.
830 square yards	On the west side of Heath Street, Stourbridge, at its corner with Worcester Street.
1.355 acres	22 Whitehall Road, Halesowen, together with adjacent land to the east with a frontage of approximately 170 feet, and adjacent land to the west with a frontage of approximately 515 feet.
0.155 acres	The sites of 117 to 125 (odd) Worcester Street, Stourbridge, and of cottages and other land to the east of the Star and Garter public house.

SCHEDULE 3UNDERTAKINGS BY THE WEST MIDLANDS COUNTY COUNCIL

Article 5

Body	Date of undertaking
Asian Welfare Association Trust	September 1985
Belgrade Theatre Trust	January 1984
Bethel Community Association	March 1986
Birmingham Carnival Trust	December 1985
Birmingham Hippodrome Trust	November 1985
Birmingham Voluntary Services Council	March 1986
Golden Hillock Road Community Centre Trust	November 1985
Ikon Gallery, Birmingham	November 1985
Midland Air Museum	March 1986
Museum of British Road Transport	March 1985
Sir Barry Jackson County Fund	November 1985
University of Warwick Arts Centre Trust	December 1983
West Midlands Arts Trust	December 1985
Willingworth High School Pursuit Project Trust	March 1986

(This note is not part of the Order)

This Order transfers property, rights and liabilities formerly vested in the West Midlands County Council to the councils of districts in that county and to the West Midlands Police Authority. The transfers effected are in addition to those effected on 22nd July 1987 by S.I.1987/1077.

Article 2 and Schedule 1 transfer to the appropriate district councils property situated in Birmingham, Dudley, Sandwell and Wolverhampton; and transfer a site to the West Midlands Police Authority.

Article 3 transfers property in certain districts which was held by the County Council immediately before its abolition for the purposes of its highways functions to the council of the district in which the property is situated. Schedule 2 makes exceptions to this transfer.

Article 4 makes provision for the transfer of the rights and liabilities associated with property transferred by articles 2 and 3.

Article 5 transfers rights and liabilities arising in relation to the undertakings by the County Council to pay grants identified in Schedule 3 to the councils of the districts in the county jointly and severally. Article 6 makes provision for future appointments to the West Midlands Arts Trust to be made by those councils jointly.