The Greater Manchester Combined Authority (Functions and Amendment) Order 2017

Continuity

11.—(1) Nothing in articles 9 or 10 affects the validity of anything done by or in relation to the GMWDA before the commencement date of this Part as specified in article 1(4).

(2) There may be continued by or in relation to the GMCA anything (including legal proceedings) which—

(a) relates to any of the functions conferred by article 9(1);

(b) relates to the property, rights or liabilities transferred to the GMCA; and

(c) is in the process of being done by or in relation to the GMWDA immediately before the commencement date.

(3) Anything which—

(a) was made or done by or in relation to the GMWDA for the purposes of or otherwise in connection with any of the functions conferred by article 9(1) or the property, rights or liabilities transferred by that article; and

(b) is in effect immediately before article 9(1) comes into force,

has effect as if made or done by or in relation to the GMCA.

(4) The GMCA is to be substituted for the GMWDA, in any instruments, contracts or legal proceedings which—

(a) relate to any of the functions conferred by article 9(1) or to the property, rights or liabilities transferred by that article; and

(b) are made or commenced before the transfer takes effect.

(5) A reference in this article to anything made or done by or in relation to the GMWDA includes a reference to anything which by virtue of any enactment is to be treated as having been made or done by or in relation to the GMWDA.

(6) Without prejudice to the generality of this article a levy issued by the GMWDA under section 74 of the Local Government Finance Act 1988 (levies)(1) and in accordance with the Joint Waste Disposal Authorities (Levies) (England) Regulations 2006(2) to the councils within the GMWDA area in respect of the financial year beginning 1st April 2018 is to have effect for that year as if it had been so issued by the GMCA.

(7) The property, rights and liabilities of the GMWDA are to be transferred by this Order, notwithstanding that they may be or include—

(a) property, rights and liabilities that would not otherwise be capable of being transferred; or

(b) rights and liabilities under enactments.

(8) No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property is to operate or become exercisable as a result of any transfer of land or other property by virtue of this Order (whether or not any consent required to the transfer has been obtained).

(9) No right to terminate or vary a contract or instrument is to operate or become exercisable, and no provision of a contract or relevant document, is to operate or become exercisable or be contravened, by reason of the transfer made by this Order.

(10) Paragraphs (7) to (9) above have effect in relation to—

(a) the grant or creation of an estate or interest in, or right over, any land or other property; or

(b) the doing of any other thing in relation to land or other property,

as they have effect in relation to the transfer made by this Order of land or other property.

(11) In this article, “relevant document” means—

(a) any enactment, other than an enactment contained in the 2009 Act;

(b) any subordinate legislation made otherwise than under that Act; or

(c) any deed or other instrument.

(1)

Section 74 was amended by section 117 of, and paragraph 72 of Schedule 13 to, the Local Government Finance Act 1992 (c. 14); section 20 of, and paragraph 21 of Schedule 6 to, the Local Government (Wales) Act 1994 (c. 19); section 120 of, and paragraph 1 of Schedule 24 to, the Environment Act 1995; section 105 of the 1999 Act; section 109 of, and paragraph 305(a) of Schedule 8 to, the Courts Act 2003 (c. 39); section 53 of, and paragraph 68 of Schedule 1 to, the Fire and Rescue Services Act 2004 (c. 21); section 22 of, and paragraph 16 of Part 2 of Schedule 1 to, the Local Government and Involvement in Public Health Act 2007; sections 119 and 146 of, and paragraphs 74 and 75 of Schedule 6 and Part 4 of Schedule 7 to, the 2009 Act; section 99 of, and paragraphs 181 and 182 of Schedule 16 to the Police Reform and Social Responsibility Act 2011; section 79 of, and paragraphs 1 and 2 of Schedule 7 to, the 2011 Act; section 9(1)(a), (b) and (2) of, and paragraphs 9 and 10 of Schedule 5 to, the 2016 Act; and by S.I. 1994/2825.

(2)

S.I. 2006/248.