The London Thames Gateway Development Corporation (Transfer of Property, Rights and Liabilities) (Greater London Authority) (No. 2) Order 2012

Statutory Instruments

2012 No. 3084

Urban Development, England

The London Thames Gateway Development Corporation (Transfer of Property, Rights and Liabilities) (Greater London Authority) (No. 2) Order 2012

Made

11th December 2012

Laid before Parliament

17th December 2012

Coming into force

22nd January 2013

The Secretary of State makes the following Order in exercise of the powers conferred by section 165B of the Local Government, Planning and Land Act 1980(1).

In accordance with section 165B(5) of that Act the Secretary of State has consulted the councils of the London boroughs of Barking and Dagenham, Hackney, Havering, Newham, Tower Hamlets and Waltham Forest (being the local authorities in whose area the relevant urban development area is situated).

Citation and commencement

1.  This Order may be cited as the London Thames Gateway Development Corporation (Transfer of Property, Rights and Liabilities) (Greater London Authority) (No. 2) Order 2012 and shall come into force on 22nd January 2013.

Transfer of property, rights and liabilities

2.—(1) All property rights and liabilities vested in the Corporation on the commencement date are transferred to the GLA on that date.

(2) The property, rights and liabilities mentioned in paragraph (1) include—

(a) the land specified in the Schedule; and

(b) all property, rights and liabilities which the Corporation has in relation to that land including any leases, tenancies, licences, agreements, planning agreements, infrastructure agreements, easements, wayleaves, development agreements, building contracts, appointments and encumbrances on title.

(3) Paragraph (1) does not apply to the property, rights and liabilities specified in the retained list.

(4) Any property, rights and liabilities remaining vested in the Corporation immediately before the dissolution date are transferred to the GLA on that date.

(5) Paragraphs (1), (2) and (4) operate in relation to property, rights and liabilities—

(a) whether or not they would otherwise be capable of being transferred;

(b) without any instrument or other formality being required; and

(c) irrespective of any requirement for consent that would otherwise be required.

(6) In this article a reference to property, rights and liabilities does not include—

(a) rights and liabilities in relation to a pension; or

(b) rights and liabilities under a contract of employment.

(7) In this article—

“commencement date” means the date on which this Order comes into force;

“the Corporation” means the London Thames Gateway Development Corporation;

“dissolution date” means the date on which the Corporation is dissolved by order under section 166(2) of the Local Government, Planning and Land Act 1980;

“the GLA” means the Greater London Authority; and

“retained list” means the document “Property, rights and liabilities retained by the London Thames Gateway Development Corporation for the purposes of preparing its final accounts and report and winding up its affairs” dated 5th December 2012, a copy of which has been deposited in the offices of the Secretary of State(3).

Signed by authority of the Secretary of State for Communities and Local Government

Brandon Lewis

Parliamentary Under Secretary of State

Department for Communities and Local Government

11th December 2012

Article 2

SCHEDULE Land

Title number	Description	Type
EGL513073	Land on the south side of 21 Broadway, Rainham RM13 9HB	Freehold
EGL552383	Ex-Innogy/Abacus Park land at the London Sustainable Industries Park (LSIP) Phase 1, off Choats Road, Dagenham Dock, RM9	Freehold

EXPLANATORY NOTE

(This note is not part of the Order)

This Order transfers to the Greater London Authority (“the GLA”) any residual property, rights and liabilities of the London Thames Gateway Development Corporation (“the Corporation”) (article 2). It is proposed that the Corporation will be dissolved on 28th February 2013.

Article 2(3) provides that the property, rights and liabilities which the Corporation needs to discharge its remaining functions are not transferred to the GLA until the Corporation is dissolved.

No Impact Assessment has been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1980 c. 65. Section 165B was inserted by section 143(1) of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) and amended by section 56 of, and Schedule 8 to, the Housing and Regeneration Act 2008.

(2)

Section 166 was amended by section 180 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 143(5) of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) and S.I. 1998/85.

(3)

The document is available for inspection at the following address: The Department for Communities and Local Government, Eland House, Bressenden Place, London SW1E 5DU.