The New Town (East Kilbride) (Transfer of Property, Rights and Liabilities) Order 1995

• Citation: S.I. 1995/3068
• Sections: 226

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the New Town (East Kilbride) (Transfer of Property, Rights and Liabilities) Order 1995 and shall come into force on 31st December 1995.

(2) In this Order—

“the council” means East Kilbride District Council being a council constituted in accordance with Part I of the Local Government (Scotland) Act 1973 ;

“development corporation” means the East Kilbride Development Corporation established by the New Town (East Kilbride) Development Corporation Order 1947 ;

“enactment” includes an order, regulation, rule or other instrument having effect by virtue of an Act;

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

(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.

Section 2 Transfer of property, rights and liabilities to the council

(1) 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, policies of assurance 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 at the beginning of the day on which this Order comes into force.

(2) For the purposes of paragraph (1) above, a reference to any liability or obligation specified in, or of a description specified in, or relating to any property or matter specified in, any part of the Schedule to this Order shall be deemed to include any liability or obligation of the development corporation subsisting immediately before the date on which this Order comes into force whether or not any relevant claim (within the meaning of section 9 of the Prescription and Limitation (Scotland) Act 1973 ) has been made in relation to the liability or obligation at any time before that date.

Section 3 Incidental and supplementary provisions

(1) Anything done or in the process of being done by or in relation to the development corporation for the purposes of or in connection with the property, rights and liabilities transferred by this Order shall on and after the date on which this Order comes into force be treated as having been done by or in relation to, or shall be continued by or in relation to, the council; and without prejudice to the foregoing generality—

(a) any legal proceedings by or in relation to the development corporation 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 or other tribunal or authority 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, in respect of any time falling after the date of transfer, 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;

(c) every deed, bond, instrument and document relating to the property, rights and liabilities of the development corporation which by this Order are transferred to the council 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; and

(d) every process, contract, agreement, deed, bond, instrument and document mentioned in sub-paragraphs (a) to (c) respectively of this paragraph shall be subject to the following additional modifications, so far as they are applicable—

(i) as if for a reference (however worded and whether expressed or implied) to a member or members of the staff of the development corporation there were substituted, in respect of anything done or falling to be done or occurring after the date of transfer, a reference to a member or members of the staff of the council; and

(ii) as if for a reference to the office or place of business of the development corporation there were substituted, in respect of any time falling after the date of transfer, a reference to the office or place of business of the council.

(2) The property, rights and liabilities to which this Order relates include property, rights and liabilities of the development corporation whether or not capable of being transferred or assigned by the development corporation.

(3) For all purposes connected with, or arising subsequent to, a transfer to the council of any property, rights or liabilities to which this Order relates, 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.

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

Section 1

ALL and WHOLE those subjects extending to Eight hundred and twenty seven decimal or one-thousandth part of a hectare or thereby at Newlands Road, East Kilbride, part of Newlandsmuir Farm in the Parish of East Kilbride and County of Lanark being the subjects shown delineated and hatched on plan 1.

Section 1

Standard Security by George Johnston in favour of East Kilbride Development Corporation relative to subjects at Twenty six Glen Mallie, East Kilbride in the Parish of East Kilbride and County of Lanark dated Eighth and recorded GRS (Lanark) Twenty second February Nineteen hundred and seventy three.

Section 1

Policy of Assurance Number 17819382 granted by The Prudential Assurance Company Limited on the life of Gerard Francis Coffield and Mrs Angela Margaret Coffield dated First June Nineteen hundred and ninety four and assigned to East Kilbride Development Corporation by Assignation by the said Gerard Francis Coffield and Mrs Angela Margaret Coffield dated Thirty first August Nineteen hundred and ninety four.

Section 1 Land at 73 Tasman Drive, East Kilbride

ALL and WHOLE the dwellinghouse known as Seventy three Tasman Drive, East Kilbride being the westmost dwellinghouse of the two dwellinghouses erected on ALL and WHOLE that plot or area of ground extending to Ninety eight one-thousandth parts of an acre or thereby in the Parish of East Kilbride and County of Lanark being the plot or area of ground shown edged red on the plan annexed and signed as relative to the Feu Contract aftermentioned with the whole rights of property effeiring thereto and the parts, privileges and pertinents thereof, being the subjects described in and disponed by Feu Contract between East Kilbride Development Corporation and William Bell and Mrs Agnes Kempton Bell dated Seventeenth and Twenty second April Nineteen hundred and seventy and recorded GRS (Lanark) First May Nineteen hundred and seventy.

Section 1 Land at 73 Tasman Drive, East Kilbride

Minute of Agreement between East Kilbride Development Corporation and William Bell and Mrs Agnes Kempton Bell, relative to Seventy three Tasman Drive, East Kilbride dated Seventeenth and Twenty second April Nineteen hundred and seventy.

Section 1

Minute of Agreement between East Kilbride Development Corporation and Stuart Simmonds McIlroy and Mrs Elaine McIlroy dated Sixteenth and Twenty fourth February Nineteen hundred and eighty seven and Standard Security following thereon by Stuart Simmonds McIlroy and Mrs Elaine McIlroy in favour of East Kilbride Development Corporation registered in the Land Register of Scotland under Title Number LAN 29479 (17 Dentdale, East Kilbride).

Section 1

Standard Security by Trustees of Langlands Golf Club with consent of Tennent Caledonian Breweries Limited in favour of East Kilbride Development Corporation relative to lease of Clubhouse at Langlands Golf Club, East Kilbride in the Parish of East Kilbride and County of Lanark registered in the Land Register of Scotland under Title Number LAN 45233.

Section 2

ALL and WHOLE those subjects extending to Seven hundred and thirty seven decimal or one-thousandth parts of a hectare or thereby at Greenhills Road, East Kilbride, part of Lonsdale Farm in the Parish of East Kilbride and County of Lanark, being the subjects shown delineated and hatched on plan 2.

Section 2

Standard Security by George Nugent and Mrs Selina Nugent in favour of East Kilbride Development Corporation relative to subjects at Fifty seven Buchandyke Road, East Kilbride in the Parish of East Kilbride and County of Lanark dated Twenty sixth November Nineteen hundred and eighty and recorded GRS (Lanark) Seventh January Nineteen hundred and eighty one.

Section 2

Policy of Assurance Number 6106126 granted by Co-operative Insurance Society Limited on the life of Brian McMahon and Mrs Janice Gray McMahon (otherwise Mrs Janice McMahon) dated Fifteenth August Nineteen hundred and eighty three and assigned to East Kilbride Development Corporation by Assignation by the said Brian McMahon and Mrs Janice Gray McMahon dated First December Nineteen hundred and eighty three.

Section 2 Land at 23 Hastings, East Kilbride

ALL and WHOLE those subjects extending to Forty seven one-thousandth parts of an acre or thereby known as Twenty three Hastings, East Kilbride in the Parish of East Kilbride and County of Lanark with the whole rights of property effeiring thereto and the parts, privileges and pertinents thereof, being the subjects described in and disponed by and shown edged red and marked “Plot No. 5” on the plan annexed and signed as relative to Feu Contract between East Kilbride Development Corporation and Colin Currie McLellan dated Fourteenth November Nineteen hundred and sixty nine and recorded GRS (Lanark) Eighteenth December Nineteen hundred and sixty nine.

Section 2 Land at 23 Hastings, East Kilbride

Minute of Agreement between East Kilbride Development Corporation and Colin Currie McLellan relative to Twenty three Hastings, East Kilbride dated Fourteenth November Nineteen hundred and sixty nine.

Section 2

Minute of Agreement between East Kilbride Development Corporation and Douglas MacGregor and Miss Denise Sloan dated Thirteenth and Seventeenth March Nineteen hundred and eighty seven and Standard Security following thereon by Douglas MacGregor and Miss Denise Sloan in favour of East Kilbride Development Corporation registered in the Land Register of Scotland under Title Number LAN 30015 (16 Middlefield, East Kilbride).

Section 2

Bond and Disposition in security by the Trustees for East Kilbride Golf Club in favour of East Kilbride Development Corporation relative to parts of East Kilbride Golf Course, Nerston, East Kilbride dated 24th November and recorded GRS (Lanark) 26th December 1969.

Section 3

ALL and WHOLE those subjects extending to One hundred and eighty nine square metres or thereby known as Twenty seven Mowbray, East Kilbride in the Parish of East Kilbride and County of Lanark, being the subjects shown delineated and hatched on plan 3.

Section 3

Standard Security by Roderick McCafferty in favour of East Kilbride Development Corporation relative to subjects at Thirty five Glen Bervie, East Kilbride in the Parish of East Kilbride and County of Lanark dated Tenth and recorded GRS (Lanark) Twenty ninth, both days of December Nineteen hundred and seventy two.

Section 3

Policy of Assurance Number A18044884P granted by Commercial Union Life Assurance Company Limited on the life of Michael Kelly dated Twenty fourth April Nineteen hundred and ninety three and assigned to East Kilbride Development Corporation by Assignation by the said Michael Kelly dated Eleventh June Nineteen hundred and ninety three.

Section 3 Land at 34 Invercargill, East Kilbride

ALL and WHOLE those subjects extending to Fifty three one-thousandth parts of an acre or thereby known as Thirty four Invercargill, East Kilbride in the Parish of East Kilbride and County of Lanark with the whole rights of property effeiring thereto and the parts, privileges and pertinents thereof, being the subjects described in and disponed by and shown edged red and marked “Plot No. 8” on the plan annexed and signed as relative to Feu Contract between East Kilbride Development Corporation and John Parkin Scott dated Twenty eighth and Thirtieth November Nineteen hundred and sixty six and recorded GRS (Lanark) Fourteenth December Nineteen hundred and sixty six.

Section 3 Land at 34 Invercargill, East Kilbride

(a) Minute of Agreement between East Kilbride Development Corporation and John Parkin Scott relative to Thirty four Invercargill, East Kilbride dated Twenty eighth and Thirtieth November Nineteen hundred and sixty six;

(b) Receipt by John Parkin Scott relative to Thirty four Invercargill, East Kilbride dated Seventh January Nineteen hundred and seventy seven.

Section 3

Minute of Agreement between East Kilbride Development Corporation and Alistair Nairn McLean and Mrs Patricia Mary Connelly or McLean dated Seventh and Ninth April Nineteen hundred and eighty seven and Standard Security following thereon by Alistair Nairn McLean and Mrs Patricia Mary Connelly McLean in favour of East Kilbride Development Corporation registered in the Land Register of Scotland under Title Number LAN 30772 (7 Cragdale, East Kilbride).

Section 3

Standard Security by William Williams & Sons (Glasgow) Limited in favour of East Kilbride Development Corporation relative to 4 Lithgow Place, East Kilbride in the Parish of East Kilbride and County of Lanark registered in the Land Register of Scotland under Title Number LAN 27145.

Section 4

ALL and WHOLE those subjects extending to One hundred and thirty five square metres or thereby known as 2 Chestnut Crescent, East Kilbride in the Parish of East Kilbride and County of Lanark, being the subjects shown delineated and hatched on plan 4.

Section 4

Standard Security by George Clive Robinson and Margaret Moffat Robinson in favour of East Kilbride Development Corporation relative to subjects at Eighty one Glen Doll, East Kilbride in the Parish of East Kilbride and County of Lanark dated Seventh December Nineteen hundred and seventy two and recorded GRS (Lanark) Seventeenth January Nineteen hundred and seventy three.

Section 4

Policy of Assurance Number 6328652 granted by Co-operative Insurance Society Limited on the life of Ronald Torrance Stiven (otherwise Ronald Stiven) and Mrs Margaret Stiven dated Sixth July Nineteen hundred and eighty four and assigned to East Kilbride Development Corporation by Assignation by the said Ronald Torrance Stiven and Mrs Margaret Stiven dated Twentieth August Nineteen hundred and eighty four.

Section 4 Land at 18 Glen Grove, East Kilbride

ALL and WHOLE those subjects extending to One hundred and fifty six one-thousandth parts of an acre or thereby known as Eighteen Glen Grove, East Kilbride in the Parish of East Kilbride and County of Lanark with the whole rights of property effeiring thereto and the parts, privileges and pertinents thereof, being the subjects described in and disponed by and shown edged red on the plan annexed and signed as relative to Feu Contract between East Kilbride Development Corporation and Gordon Coulter Smith dated Nineteenth and Twenty fourth December Nineteen hundred and sixty nine and recorded GRS (Lanark) Twelfth January Nineteen hundred and seventy.

Section 4 Land at 18 Glen Grove, East Kilbride

Minute of Agreement between East Kilbride Development Corporation and Gordon Coulter Smith relative to Eighteen Glen Grove, East Kilbride dated Nineteenth and Twenty fourth December Nineteen hundred and sixty nine.

Section 4

Minute of Agreement between East Kilbride Development Corporation and James Fairgrieve and Mrs Margaret Wilson Fairgrieve dated Third and Seventh April Nineteen hundred and eighty seven and Standard Security following thereon by James Fairgrieve and Mrs Margaret Wilson Fairgrieve in favour of East Kilbride Development Corporation registered in the Land Register of Scotland under Title Number LAN 31083 (30 Middlefield, East Kilbride).

Section 5

ALL and WHOLE those subjects extending to One hundred and seventy six square metres or thereby known as One hundred and twenty nine Juniper Avenue, East Kilbride in the Parish of East Kilbride and County of Lanark, being the subjects shown delineated and hatched on plan 5.

Section 5

Standard Security by Stewart James Thornton in favour of East Kilbride and Stonehouse Development Corporation relative to subjects at Sixty three Drummond Hill, East Kilbride in the Parish of East Kilbride and County of Lanark dated Twenty sixth October Nineteen hundred and seventy three and recorded GRS (Lanark) Twenty eighth January Nineteen hundred and seventy four.

Section 5

Policy of Assurance Number 5863298 granted by Co-operative Insurance Society Limited on the life of Ronald Torrance Stiven and Mrs Margaret Stiven dated Twenty seventh January Nineteen hundred and eighty two and assigned to East Kilbride Development Corporation by Assignation by the said Ronald Torrance Stiven and Mrs Margaret Stiven dated Twenty fifth November Nineteen hundred and eighty two.

Section 5 Land at 40 Glen Grove, East Kilbride

ALL and WHOLE those subjects extending to Ninety eight one-thousandth parts of an acre or thereby known as Forty Glen Grove, East Kilbride in the Parish of East Kilbride and County of Lanark with the whole rights of property effeiring thereto and the parts, privileges and pertinents thereof, being the subjects described in and disponed by and shown edged red on the plan annexed and signed as relative to Feu Contract between East Kilbride Development Corporation and Colin Stuart Greeves dated Twelfth September and Sixteenth October Nineteen hundred and sixty eight and recorded GRS (Lanark) Twenty eighth November Nineteen hundred and sixty eight.

Section 5 Land at 40 Glen Grove, East Kilbride

Minute of Agreement between East Kilbride Development Corporation and Colin Stuart Greeves relative to Forty Glen Grove, East Kilbride dated Twelfth September and Sixteenth October Nineteen hundred and sixty eight.

Section 5

Minute of Agreement between East Kilbride Development Corporation and Alan Wills and Miss Alicia Elizabeth Murray dated Fifth and Twelfth May Nineteen hundred and eighty seven and Standard Security following thereon by Alan Wills and Miss Alicia Elizabeth Murray in favour of East Kilbride Development Corporation registered in the Land Register of Scotland under Title Number LAN 31975 (1 Swaledale, East Kilbride).

Section 6

ALL and WHOLE those subjects extending to Three hectares and seven hundred and fifty two decimal or one thousandth parts of a hectare or thereby at Queensway/Cornwall Street, East Kilbride in the Parish of East Kilbride and County of Lanark known as the Centre West site being the subjects shown delineated and hatched on plan 6.

Section 6

Standard Security by Michael Anthony Portwood in favour of East Kilbride and Stonehouse Development Corporation relative to subjects at One hundred and sixty seven Rockhampton Avenue, East Kilbride in the Parish of East Kilbride and County of Lanark dated Eighteenth and recorded GRS (Lanark) Thirtieth, both days of July Nineteen hundred and seventy five.

Section 6

Policy of Assurance Number X7241521 granted by Standard Life Assurance Company on the life of Philomena Collins dated Fourth August Nineteen hundred and eighty three and assigned to East Kilbride Development Corporation by Assignation by the said Philomena Collins dated Seventeenth October Nineteen hundred and eighty three.

Section 6 Land at 28 Dunedin Drive, East Kilbride

ALL and WHOLE those subjects extending to One hundred and eight one-thousandth parts of an acre or thereby known as Twenty eight Dunedin Drive, East Kilbride in the Parish of East Kilbride and County of Lanark with the whole rights of property effeiring thereto and the parts, privileges and pertinents thereof, being the subjects described in and disponed by and shown edged red on the plan annexed and signed as relative to Feu Contract between East Kilbride Development Corporation and George Sutherland Ferguson dated First and Eighth October Nineteen hundred and sixty eight and recorded GRS (Lanark) Seventh November Nineteen hundred and sixty eight.

Section 6 Land at 28 Dunedin Drive, East Kilbride

(a) Minute of Agreement between East Kilbride Development Corporation and George Sutherland Ferguson relative to Twenty eight Dunedin Drive, East Kilbride dated First and Eighth October Nineteen hundred and sixty eight;

(b) Minute of Agreement between East Kilbride Development Corporation and George Sutherland Ferguson relative to Twenty eight Dunedin Drive, East Kilbride dated Twenty fourth November Nineteen hundred and seventy;

(c) Receipt by George Sutherland Ferguson relative to Twenty eight Dunedin Drive, East Kilbride dated Twenty first April Nineteen hundred and seventy seven.

Section 6

Minute of Agreement between East Kilbride Development Corporation and Miss Monica Marie Nevin dated Twenty second and Thirtieth June Nineteen hundred and eighty seven and Standard Security following thereon by Miss Monica Marie Nevin in favour of East Kilbride Development Corporation registered in the Land Register of Scotland under Title Number LAN 35128 (74 Sutherland Way, East Kilbride).

Section 7

The Landlords interest in the lease of one acre and four hundred and thirty one thousandth parts of an acre at Dickie’s site, East Kilbride in the Parish of East Kilbride and County of Lanark between East Kilbride Development Corporation and The Norwich Union Life Insurance Society dated 11th December 1972 and 16th January 1973 and recorded GRS (Lanark) 24th January 1973.

Section 7

Standard Security by William Shaw McSporran and Mrs Letitia McSporran in favour of East Kilbride and Stonehouse Development Corporation relative to subjects at Fifty five Mount Cameron Drive North, East Kilbride in the Parish of East Kilbride and County of Lanark dated Twenty sixth September and recorded GRS (Lanark) Tenth October Nineteen hundred and seventy three.

Section 7

Policy of Assurance Number A/4002257 granted by Gresham Life Assurance Society Limited on the life of Alexander Charles Gauld dated Twenty fifth October Nineteen hundred and seventy two and assigned to East Kilbride Development Corporation by Assignation by the said Alexander Charles Gauld dated Twenty eighth February Nineteen hundred and seventy three.

Section 7 Land at 5 Wellington, East Kilbride

ALL and WHOLE those subjects extending to Sixty eight one-thousandth parts of an acre or thereby known as Five Wellington, East Kilbride in the Parish of East Kilbride and County of Lanark with the whole rights of property effeiring thereto and the parts, privileges and pertinents thereof, being the subjects described in and disponed by and shown edged red and marked “Plot No. 3” on the plan annexed and signed as relative to Feu Contract between East Kilbride Development Corporation and Lennox John Prentice dated Thirtieth July and Sixth August Nineteen hundred and sixty eight and recorded GRS (Lanark) Thirtieth August Nineteen hundred and sixty eight.

Section 7 Land at 5 Wellington, East Kilbride

Minute of Agreement between East Kilbride Development Corporation and Lennox John Prentice relative to Five Wellington, East Kilbride dated Thirtieth July and Sixth August Nineteen hundred and sixty eight.

Section 7

Minute of Agreement between East Kilbride Development Corporation and Martin Joseph Coffield and Miss Lorna Burns dated Seventh and Twelfth May Nineteen hundred and eighty seven and Standard Security following thereon by Martin Joseph Coffield and Miss Lorna Burns in favour of East Kilbride Development Corporation registered in the Land Register of Scotland under Title Number LAN 31324 (27 Middlefield, East Kilbride).

Section 8

ALL and WHOLE that play area at Odense Court, East Kilbride in the Parish of East Kilbride and County of Lanark extending to One hundred and eighty seven square metres and Ninety six decimal or one hundredth parts of a square metre or thereby being the subjects shown delineated and hatched and marked “1” on plan 7.

Section 8

Standard Security by William Wallace Muir and Mrs Patricia Roberta Muir in favour of East Kilbride and Stonehouse Development Corporation relative to subjects at Thirty five Glen Eagles, East Kilbride in the Parish of East Kilbride and County of Lanark dated Twenty second February and recorded GRS (Lanark) Twelfth March Nineteen hundred and seventy four.