The West Northamptonshire Development Corporation (Transfer of Property, Rights and Liabilities) Order 2014

Made: 4th February 2014

Laid before Parliament: 10th February 2014

Coming into force: 27th March 2014

In accordance with sections 165A(3) and 165B(5) of that Act the Secretary of State has consulted Northamptonshire County Council, South Northamptonshire Council, Daventry District Council and Northampton Borough Council (being the local authorities in whose area the relevant urban development area is situated).

Citation, commencement and interpretation

1

• (1) This Order may be cited as the West Northamptonshire Development Corporation (Transfer of Property, Rights and Liabilities) Order 2014 and shall come into force on 27th March 2014.

• (2) In this Order—

• “the Borough Council” means Northampton Borough Council;

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

• “the Corporation” means the West Northamptonshire Development Corporation; and

• “retained list” means the document “Property, rights and liabilities retained by the West Northamptonshire Development Corporation for the purposes of preparing its final accounts and report and winding up its affairs” dated 3rd February 2014, a copy of which has been deposited in the offices of the Secretary of State[^f00002].

Transfer of land

2

• (1) The interests in land held by the Corporation which are specified in Columns 1 and 2 of Schedule 1 are transferred to the person specified in Column 3 of that Schedule.

• (2) Any interest in land which is—

• (a) held by the Corporation immediately before the commencement date, and

• (b) not transferred by virtue of paragraph (1),

is transferred to the Borough Council.

• (3) Paragraph (2) does not apply to any interest in land specified in the retained list.

• (4) A transfer of an interest in land under this article includes all rights and liabilities which the Corporation has in relation to that land.

• (5) The rights and liabilities mentioned in paragraph (4) include (but are not limited to) any leases, tenancies, licences, agreements, planning agreements, infrastructure agreements, options to purchase, agreements for disposal, easements, wayleaves, development agreements, building contracts, appointments and encumbrances on title.

Transfer of contracts and agreements

3

• (1) All rights and liabilities held by the Corporation under the contracts and agreements specified in Columns 1 to 3 of Schedule 2 are transferred to the person specified in Column 4 of that Schedule.

• (2) Any rights and liabilities under contracts and agreements which are—

• (a) held by the Corporation immediately before the commencement date, and

• (b) not transferred by virtue of paragraph 1 or article 2,

are transferred to the Borough Council.

• (3) Paragraph (2) does not apply to any rights and liabilities which are—

• (a) specified in the retained list; or

• (b) held by the Corporation in relation to a contract of employment or a pension scheme.

Transfer of remaining property, rights and liabilities to the Secretary of State

4

• (1) All property, rights and liabilities which are—

• (a) vested in the Corporation immediately before the commencement date, and

• (b) not transferred by virtue of article 2 or 3,

are transferred to the Secretary of State.

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

• (3) Any property, rights and liabilities remaining vested in the Corporation immediately before the dissolution date are transferred to the Secretary of State on that date.

• (4) In this article “dissolution date” means the date on which the Corporation is dissolved by order under section 166(1)[^f00003] of the Local Government, Planning and Land Act 1980.

Further provision on transfers

5

A transfer under this Order operates in relation to property, rights and liabilities—

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

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

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

SCHEDULE 1 — Land

SCHEDULE 2 — Contracts and agreements

Signed

Signed by the Secretary of State for Communities and Local Government

Eric Pickles — Secretary of State — Department for Communities and Local Government — 4th February 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order transfers the property, rights and liabilities of the West Northamptonshire Development Corporation (“the Corporation”) to the specified local authorities and the Secretary of State.

Article 4 provides that any property, rights and liabilities of the Corporation which are not transferred elsewhere under the Order are transferred to the Secretary of State when the order comes into force, except for the matters listed in the retained list which are the property, rights and liabilities which the Corporation needs to discharge its remaining functions. The effect of Article 4(2) is to transfer all those matters and any other property, rights and liabilities remaining vested in the Corporation (including those held by the Corporation in relation to a contract of employment or a pension scheme) to the Secretary of State when the Corporation is dissolved.

It is proposed that the Corporation will be dissolved on 31st July 2014.

Footnotes

[^f00001]: 1980 c. 65. Section 165A was inserted by the Leasehold Reform, Housing and Urban Development Act 1993(c.28) and sub-section (1) was amended by section 143(4) of the Housing Grants, Construction and Regeneration Act 1996(c. 53). Section 165B was inserted by sections 143(1) of the Housing Grants, Construction and Regeneration Act 1996.

[^f00002]: The document is available for inspection at the following address: The Department for Communities and Local Government, Eland House, Bressenden Place, London SW1E 5DU.

[^f00003]: Section 166(1) was amended by section 180 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28).