The New Town (Cumbernauld) (Transfer of Property, Rights and Liabilities) Order 1996

Made: 28th February 1996

Laid before Parliament: 8th March 1996

Coming into force: 31st March 1996

The Secretary of State, in exercise of the powers conferred on him by section 36D of the New Towns (Scotland) Act 1968[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the New Town (Cumbernauld) (Transfer of Property, Rights and Liabilities) Order 1996 and shall come into force on 31st March 1996.

• (2) In this Order—

• “the council” means Cumbernauld and Kilsyth District Council being a council constituted in accordance with Part I of the Local Government (Scotland) Act 1973[^f00002];

• “the development corporation” means the Cumbernauld Development Corporation established by the New Town (Cumbernauld) (Development Corporation) Order 1956[^f00003];

• “recorded GRS (Dumbarton)” means recorded in the Division of the General Register of Sasines for the County of Dumbarton.

• (3) A reference in Part 1 of the Schedule to this Order to a “plan” followed by a number is a reference to the plan of that number annexed to the Schedule to this Order.

Transfer of property, rights and liabilities to the council

2

Subject to the provisions of this Order—

• (a) the heritable property specified in the Schedule to this Order, insofar as owned by the development corporation immediately before the day on which this Order comes into force; and

• (b) the development corporation’s interest immediately before the day on which this Order comes into force in the standard securities, minutes of agreement and other contracts and agreements specified in the Schedule to this Order,

shall, together with the development corporation’s rights, liabilities and obligations pertaining thereto, transfer to and vest in the council on 31st March 1996.

Incidental and supplementary provisions

3

Anything done before 31st March 1996 by, or on behalf of, or in relation to, the development corporation for the purposes of or in connection with the property, rights and liabilities transferred by article 2 of this Order shall, on and after 31st March 1996 be treated as having been done by, or on behalf of, or in relation to, the council; and, accordingly, without prejudice to that generality, on and after 31st March 1996—

• (a) any legal proceedings by, or in relation to, the development corporation, or to which the development corporation is a party, for the purposes of, or in connection with, the said property, rights and liabilities may be continued by, or in relation to, the council; and, accordingly, references to the development corporation in any process or other document issued, prepared or employed for the purposes of any such proceedings before any court, tribunal or other body shall be taken as referring to the council;

• (b) every contract or agreement, whether written or not, to which the development corporation is a party for the purposes of, or in connection with, the said property, rights and liabilities shall have effect in relation to such property, rights and liabilities as if the council was the party thereto in place of the development corporation and as if for each reference therein to the development corporation there was substituted a reference to the council; and

• (c) every deed, bond, instrument and document relating to the said property, rights and liabilities shall have effect in relation to such property, rights and liabilities in respect of any time falling after the date of transfer, as if, where the development corporation is a party thereto, the council was substituted as that party and as if for each reference therein to the development corporation there were substituted a reference to the council.

4

For all purposes connected with, or arising subsequent to, the transfer to the council of the property, rights or liabilities transferred by article 2 of this Order, the council is to be treated in respect of the property, rights and liabilities so transferred as the same person in law as the development corporation.

5

Nothing in this Order shall have the effect of completing the title of the council to any land transferred by article 2 of this Order, but this is without prejudice to the provisions of section 36D(4) of the New Towns (Scotland) Act 1968.

SCHEDULE — SPECIFICATION OF HERITABLE PROPERTY, STANDARD SECURITIES, MINUTES OF AGREEMENT, CONTRACTS AND AGREEMENTS

PART 1 — LAND OWNED BY THE DEVELOPMENT CORPORATION

1

ALL and WHOLE those subjects extending to one hectare and seven decimal or one hundredth parts of a hectare or thereby at Westray Road, Ravenswood, Cumbernauld, in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 1.

2

ALL and WHOLE those subjects extending to ninety five decimal or one thousandth parts of a hectare or thereby at Airdrie Road, Condorrat, Cumbernauld, in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 2.

3

ALL and WHOLE those subjects extending to seventy seven decimal or one hundred parts of a hectare or thereby at Cowan Road, Balloch, Cumbernauld, in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 3.

4

ALL and WHOLE those subjects extending to one hectare and seventeen decimal or one hundredth parts of a hectare or thereby at North Road, Condorrat, Westfield, Cumbernauld, in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 4.

5

ALL and WHOLE those subjects extending to nine hundred and fifty three decimal or one thousandth parts of a hectare or thereby at North Road, Westfield, Cumbernauld, in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 5.

6

ALL and WHOLE those subjects extending to one hundred and seventy seven decimal or one thousandth parts of a hectare or thereby at Greenfaulds Road, Greenfaulds, Cumbernauld, in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 6.

7

ALL and WHOLE those subjects extending to eighty eight decimal or one thousandth parts of a hectare or thereby at Balloch Ring Road, Balloch, Cumbernauld, in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 7.

8

ALL and WHOLE those subjects extending to twenty six decimal or one hundredth parts of a hectare or thereby at Larch Road, Abronhill, Cumbernauld, in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 8.

9

ALL and WHOLE those subjects extending to six hectares and sixty decimal or one hundredth parts of a hectare or thereby at Dullatur Road, Dullatur, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 9.

10

ALL and WHOLE those subjects extending to six hectares and fifty three decimal or one hundredth parts of a hectare or thereby at Kirkintilloch Road, Blackwood, Cumbernauld in the Parish of Kirkintilloch and County of Dumbarton being the subjects shown coloured brown on Plan 10.

11

ALL and WHOLE those subjects extending to ten hectares and five decimal or one hundredth parts of a hectare or thereby at The Lane, Dullatur, Cumbernauld, in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 11.

12

ALL and WHOLE those subjects extending to seven hectares and ninety one decimal or hundredth parts of a hectare or thereby at The Lane, Dullatur, Cumbernauld, in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 12.

13

ALL and WHOLE those subjects extending to fourteen hectares and fifty five decimal or one hundredth parts of a hectare or thereby at Kilsyth Road, Smithstone, Cumbernauld, in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 13.

14

ALL and WHOLE those subjects extending to one hectare and eighteen decimal or one hundredth parts of a hectare or thereby at Ring Road, Balloch, Cumbernauld, in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 14.

15

ALL and WHOLE those subjects extending to ninety two decimal or one thousandth parts of a hectare or thereby at Main Street, The Village, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 15.

16

ALL and WHOLE those subjects extending to seventy nine decimal or one hundredth parts of a hectare or thereby at Glasgow Road, The Village, Cumbernauld, in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 16.

17

ALL and WHOLE those subjects extending to seventeen hectares and ninety three decimal or one hundredth parts of a hectare or thereby at Croy Road, Smithstone, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 17.

18

ALL and WHOLE those subjects extending to one hectare and sixty three decimal or one thousandth parts of a hectare or thereby at Island Road, Ravenswood, Cumbernauld, in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 18.

19

ALL and WHOLE those subjects extending to eighty one decimal or one hundredth parts of a hectare or thereby at Old Glasgow Road, The Village, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 19.

20

ALL and WHOLE those subjects extending to seventy two decimal or one hundredth parts of a hectare or thereby at Allanfauld Road, Seafar, Cumbernauld, in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 20.

21

ALL and WHOLE those subjects extending to six hundred and seventeen square metres and eight decimal or one tenth parts of a square metre or thereby at Fleming Road, Seafar, Cumbernauld, in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 21.

22

ALL and WHOLE those subjects extending to sixty two decimal or one thousandth parts of a hectare or thereby at Main Street, The Village, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 22.

23

ALL and WHOLE those subjects extending to one hectare and forty two decimal or one hundredth parts of a hectare or thereby at Blairlinn Road, Blairlinn, Cumbernauld, in the Parish of New Monkland and County of Lanark being the subjects shown coloured brown on Plan 23.

24

ALL and WHOLE those subjects extending to seventy nine decimal or one hundredth parts of a hectare or thereby at Blairlinn Road, Blairlinn, Cumbernauld, in the Parish of New Monkland and County of Lanark being the subjects shown coloured brown on Plan 24.

25

ALL and WHOLE those subjects extending to seventy two decimal or one hundredth parts of a hectare or thereby at Lenziemill Road, Lenziemill, Cumbernauld, in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 25.

26

ALL and WHOLE those subjects extending to two hectares and sixty six decimal or one hundredth parts of a hectare or thereby at Lenziemill Road, Lenziemill, Cumbernauld, in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 26.

27

ALL and WHOLE those subjects extending to three hectares and thirty six decimal or one hundredth parts of a hectare or thereby at Tower Road, Blairlinn, Cumbernauld, in the Parish of New Monkland and County of Lanark being the subjects shown coloured brown on Plan 27.

28

ALL and WHOLE those subjects extending to five hectares and fifty three decimal or one hundredth parts of a hectare at Castlecary Road, Castlecary Campus, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 28.

29

ALL and WHOLE those subjects extending to two hectares and forty three decimal or one hundredth parts of a hectare or thereby at Westfield Road/Deerdykes Place, Westfield, Cumbernauld in the Parish of Kirkintilloch and County of Dumbarton being the subjects shown coloured brown on Plan 29.

30

ALL and WHOLE those subjects extending to five hectares and fifty eight decimal or one hundredth parts of a hectare or thereby at Deerdykes Road, Westfield, Cumbernauld in the Parish of Kirkintilloch and County of Dumbarton being the subjects shown coloured brown on Plan 30.

31

ALL and WHOLE those subjects extending to eighteen hectares and thirteen decimal or one hundredth parts of a hectare or thereby at Kilsyth Road, Smithstone, Cumbernauld, in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 31.

32

ALL and WHOLE those subjects extending to two hectares and fifty nine decimal or one hundredth parts of a hectare or thereby at Deerdykes Road, Westfield, Cumbernauld in the Parish of Kirkintilloch and County of Dumbarton being the subjects shown coloured brown on Plan 32.

33

ALL and WHOLE those subjects extending to two hectares and six decimal or one hundredth parts of a hectare or thereby at Langhill Drive, Balloch, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 33.

34

ALL and WHOLE those subjects extending to one hectare and sixty five decimal or one hundredth parts of a hectare or thereby at Loop Road, Carrickstone, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 34.

35

ALL and WHOLE those subjects extending to three hectares and sixty four decimal or one hundredth parts of a hectare or thereby at Kirkintilloch Road, Blackwood, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 35.

36

ALL and WHOLE those subjects extending to four hectares and fifty four decimal or one hundredth parts of a hectare or thereby at Eastfield road, Eastfield, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 36.

37

ALL and WHOLE those subjects extending to two hectares and eleven decimal or one hundredth parts of a hectare or thereby at Middlerigg Road, Balloch, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 37.

38

ALL and WHOLE those subjects extending to sixty two hectares and sixty seven decimal or one hundredth parts of a hectare or thereby at Kirkintilloch Road, Drumgrew, Cumbernauld, in the Parish of Kirkintilloch and County of Dumbarton being the subjects shown coloured brown on Plan 38.

39

ALL and WHOLE those subjects extending to twelve hectares and thirty eight decimal or one hundredth parts of a hectare or thereby at Chapelton Road, Condorrat, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 39.

40

ALL and WHOLE those subjects extending to five hectares and sixty two decimal or one hundredth parts of a hectare or thereby at Auchenkilns Roundabout, Westfield, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 40.

41

ALL and WHOLE those subjects extending to three hectares and seventy decimal or one hundredth parts of a hectare or thereby at Cumbernauld House, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 41.

42

ALL and WHOLE those subjects (consisting of two separate areas of land) extending in whole to fourteen hectares and forty eight decimal or one hundredth parts of a hectare or thereby at Chapelton Road, Condorrat, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 42.

43

ALL and WHOLE those subjects extending to one hundred and thirty four decimal or one thousandth parts of a hectare or thereby at Chapelton Road, Condorrat, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 43.

44

ALL and WHOLE those subjects extending to two decimal or one hundredth parts of a hectare or thereby at MacTaggart Road, Ravenswood, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 44.

45

ALL and WHOLE those subjects extending to seventy seven decimal or one thousandth part of a hectare or thereby at Hume Road, Seafar, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 45.

46

ALL and WHOLE those subjects extending to one hectare and eighty five decimal or one hundredth parts of a hectare or thereby at Kelvin Road North, Lenziemill, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 46.

47

ALL and WHOLE those subjects extending to fifty eight square metres and five decimal or one tenth parts of a square metre or thereby at Hornbeam Road, Abronhill, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 47.

48

ALL and WHOLE those subjects extending to seventy four square metres and seven decimal or one tenth parts of a square metre or thereby at Oak Road, Abronhill, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 48.

49

ALL and WHOLE those subjects extending to fifty two square metres and four decimal or one tenth part of a square metre or thereby at Hazel Road, Abronhill, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects coloured brown on Plan 49.

50

ALL and WHOLE those subjects extending to three hundred and sixty six square metres or thereby at Airdrie Road, Condorrat, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects coloured brown on Plan 50.

51

ALL and WHOLE those subjects extending to ninety one decimal or one thousandth parts of a hectare or thereby at Carrickstone Hill, Carrickstone, Cumbernauld in the Parish of Cumbernauld and County of Dumbarton being the subjects shown coloured brown on Plan 51.

PART 2 — SUBJECTS LEASED TO CUMBERNAULD DEVELOPMENT CORPORATION

PART 3 — STANDARD SECURITIES AND EX FACIE ABSOLUTE DISPOSITION

HOUSE PURCHASE MORTGAGE LOANS

52

Standard Security by James Crossan and Sarah Hanlon Crossan in favour of Cumbernauld Development Corporation relative to subjects 5B Morison House, Cumbernauld and registered in the Land Register of Scotland under Title Number DMB 47672.

53

Standard Security by George Thomson in favour of Cumbernauld Development Corporation relative to subject 10C Elliot House, Cumbernauld and registered in the Land Register of Scotland under Title Number DMB 14682.

54

Standard Security by Philip Evans in favour of Cumbernauld Development Corporation relative to subjects 9A Stuart House, Cumbernauld and registered in the Land Register of Scotland under Title Number DMB 51342.

55

Standard Security by Alexander Ronald Laird and Elizabeth Abbott McMurdo Laird in favour of Cumbernauld Development Corporation relative to subjects 19A Stuart House, Cumbernauld and registered in the Land Register of Scotland under Title Number DMB 36832.

56

Standard Security by Ronald Russell and Margaret Russell in favour of Cumbernauld Development Corporation relative to subjects 12 Ben Nevis Way, Cumbernauld and registered in the Land Register of Scotland under Title Number DMB 57172.

PART 4 — STANDARD SECURITIES AND MINUTES OF AGREEMENT

SHARED EQUITY LOANS

PART 5 — STANDARD SECURITIES AND MINUTES OF AGREEMENT

HELP-UP LOANS

Signed

George Kynoch — Parliamentary Under Secretary of State, Scottish Office — 28th February 1996

Explanatory note

(This note is not part of the Order)

This Order makes provision for the transfer of certain property, rights and liabilities of the Cumbernauld Development Corporation to Cumbernauld and Kilsyth District Council on 31st March 1996 in connection with the winding up of the Corporation.

The property, rights and liabilities which are the subject of the Order comprise the heritable property described in the Schedule and the Corporation’s rights and liabilities under the various standard securities, minutes of agreement and other contracts or agreements specified in the Schedule.

Footnotes

[^f00001]: 1968 c. 16; section 36D was inserted by the Enterprise and New Towns (Scotland) Act 1990 (c. 35), section 33.

[^f00002]: 1973 c. 65.

[^f00003]: S.I. 1956/201, amended by S.I. 1959/341 and by the New Town (Cumbernauld) (Development Corporation) Amendment Order 1973. The 1973 Amendment Order is not a statutory instrument: a copy is available free of charge from the Scottish Office Development Department, Victoria Quay, Edinburgh, EH6 6QQ.