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

• Citation: S.I. 1996/464
• Sections: 161

Section 1 Citation, commencement and interpretation

(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 ;

“the development corporation” means the Cumbernauld Development Corporation established by the New Town (Cumbernauld) (Development Corporation) Order 1956 ;

“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.

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

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.

Section 3 Incidental and supplementary provisions

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.

Section 4 Incidental and supplementary provisions

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.

Section 5 Incidental and supplementary provisions

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.

Section 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.

Section 1

The tenant’s interest in Lease by Postel Properties Limited to Cumbernauld Development Corporation dated 15 December 1986 and 16 January 1987 and registered in the Land Register of Scotland on 26 June 1987 under Title Number DMB 22517.

Section 1

Standard Security by Daniel James McAteer and Isabella McAteer in favour of Cumbernauld Development Corporation relative to subjects at 2D Lamerton Road, Cumbernauld registered in the Land Register of Scotland under Title Number DMB 57087.

Section 1

Standard Security by Elizabeth Shepherd in favour of Cumbernauld Development Corporation relative to subjects at 1 Woodland Way, Kildrum, Cumbernauld and registered in the Land Register of Scotland under Title Number DMB 28781 and Minute of Agreement between Cumbernauld Development Corporation and Elizabeth Shepherd dated Sixth and Sixteenth September Nineteen Hundred and Ninety Three.

Section 1

Standard Security by Alexander Arthur and Lesley McGregor in favour of Cumbernauld Development Corporation (with annexed Minute of Variation dated Nineteenth July and Twenty-Sixth July both in the year Nineteen Hundred and Ninety making Lesley McGregor sole Borrower) relative to subjects at 20 Braehead Road, Cumbernauld registered in the Land Register of Scotland under Title Number DMB 24070 and Minute of Agreement between Cumbernauld Development Corporation and Alexander Arthur and Lesley McGregor dated Seventeenth September and Twenty Ninth September both in the year Nineteen Hundred and Eighty Seven.

Section 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.

Section 2

Standard Security by Moreen Kelly in favour of Cumbernauld Development Corporation relative to subjects 2B Mossgiel Road, Cumbernauld registered in the Land Register of Scotland under Title Number DMB 54565.

Section 2

Standard Security by Robert Wright and Williamina Wright in favour of Cumbernauld Development Corporation relative to subjects at 3 Woodland Way, Kildrum, Cumbernauld and registered in the Land Register of Scotland under Title Number DMB 27706 and Minute of Agreement between Cumbernauld Development Corporation and Robert Wright and Williamina Wright dated Fourth and Twelfth August Nineteen Hundred and Ninety Three.

Section 2

Standard Security by John Robertson and Mrs Margaret Robertson in favour of Cumbernauld Development Corporation relative to subjects at 62 Braehead Road, Cumbernauld registered in the Land Register of Scotland under Title Number DMB 25592 and Minute of Agreement between Cumbernauld Development Corporation and John Robertson and Mrs Margaret Robertson dated Twenty Ninth January and Tenth February both in the year Nineteen Hundred and Eighty Eight.

Section 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.

Section 3

Standard Security by Maureen Scott in favour of Cumbernauld Development Corporation relative to subjects 17E Mossgiel Road, Cumbernauld registered in the Land Register of Scotland under Title Number DMB 57162.

Section 3

Standard Security by David Smith and Catherine Smith in favour of Cumbernauld Development Corporation relative to subjects at 7 Woodland Way, Kildrum, Cumbernauld and registered in the Land Register of Scotland under Title Number DMB 4419 and Minute of Agreement between Cumbernauld Development Corporation and David Smith and Catherine Smith dated Twenty First July and Twentieth August Nineteen Hundred and Ninety Three.

Section 3

Standard Security by Christopher Gerard Dunne in favour of Cumbernauld Development Corporation relative to subjects at 87 Braehead Road, Cumbernauld registered in the Land Register of Scotland under Title Number DMB 27169 and Minute of Agreement between Cumbernauld Development Corporation and Christopher Gerard Dunne dated Seventeenth June and Twenty Second June both in the year Nineteen Hundred and Eighty Eight.

Section 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.

Section 4

Standard Security by Eleanor McCallum in favour of Cumbernauld Development Corporation relative to subjects 8D Kyle Road, Cumbernauld registered in the Land Register of Scotland under Title Number DMB 56979.

Section 4

Standard Security by James Wales and Maureen Wales in favour of Cumbernauld Development Corporation relative to subjects at 13 Woodland Way, Kildrum, Cumbernauld and registered in the Land Register of Scotland under Title Number DMB 7801 and Minute of Agreement between Cumbernauld Development Corporation and James Wales and Maureen Wales dated Twenty Eighth and Thirtieth July Nineteen Hundred and Ninety Three.

Section 4

Standard Security by Miss Lynne Margaret Beveridge in favour of Cumbernauld Development Corporation relative to subjects at 105 Braehead Road, Cumbernauld registered in the Land Register of Scotland under Title Number DMB 28063 and Minute of Agreement between Cumbernauld Development Corporation and Miss Lynne Margaret Beveridge dated Thirty First August and Fifth September both in the year Nineteen Hundred and Eighty Eight.

Section 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.

Section 5

Standard Security by Margaret Adamson in favour of Cumbernauld Development Corporation relative to subjects 3H Afton Road, Cumbernauld registered in the Land Register of Scotland under Title Number DMB 50661.

Section 5

Standard Security by Archibald McFarlane White and Ellen McCormack or White in favour of Cumbernauld Development Corporation relative to subjects at 25 Woodland Way, Kildrum, Cumbernauld and registered in the Land Register of Scotland under Title Number DMB 5401 and Minute of Agreement between Cumbernauld Development Corporation and Archibald McFarlane White and Ellen McCormick or White dated Second and Fifth August Nineteen Hundred and Ninety Three.

Section 5

Standard Security by Graeme Kenneth Wilson in favour of Cumbernauld Development Corporation relative to subjects at 297 Braehead Road, Cumbernauld registered in the Land Register of Scotland under Title Number DMB 23340 and Minute of Agreement between Cumbernauld Development Corporation and Graeme Kenneth Wilson dated Eleventh August and Eighteenth August both in the year Nineteen Hundred and Eighty Seven.

Section 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.

Section 6

Standard Security by Robert Taylor and Williamina Taylor in favour of Cumbernauld Development Corporation relative to subjects 4F Afton Road, Cumbernauld registered in the Land Register of Scotland under Title Number DMB 56648.

Section 6

Standard Security by Robert Grant Tominey and Mary Barrie Tominey in favour of Cumbernauld Development Corporation relative to subjects at 33 Woodland Way, Kildrum, Cumbernauld and registered in the Land Register of Scotland under Title Number DMB 30687 and Minute of Agreement between Cumbernauld Development Corporation and Robert Grant Tominey and Mary Barrie Tominey dated Third and Fifth August Nineteen Hundred and Ninety Three.

Section 6

Standard Security by Sam Cheema and Mrs Karen Cheema in favour of Cumbernauld Development Corporation relative to subjects at 107 Birkenburn Road, Cumbernauld registered in the Land Register of Scotland under Title Number DMB 25302 and Minute of Agreement between Cumbernauld Development Corporation and Sam Cheema and Mrs Karen Cheema dated Twenty Second January and Twenty Eighth January both in the year Nineteen Hundred and Eighty Eight.

Section 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.

Section 7

Standard Security by Elizabeth McLoughlin in favour of Cumbernauld Development Corporation relative to subjects 4B Ellisland Road, Cumbernauld registered in the Land Register of Scotland under Title Number DMB 56677.

Section 7

Standard Security by Brenda Mary Willis in favour of Cumbernauld Development Corporation relative to subjects at 35 Woodland Way, Kildrum, Cumbernauld and registered in the Land Register of Scotland under Title Number DMB 45246 and Minute of Agreement between Cumbernauld Development Corporation and Brenda Mary Willis dated Twenty-Ninth and Thirtieth July Nineteen Hundred and Ninety Three.

Section 7

Standard Security by Donald Matthew Brownlie and Mrs Agnes Miller Brownlie in favour of Cumbernauld Development Corporation relative to subjects at 215 Whitelees Road, Cumbernauld registered in the Land Register of Scotland under Title Number DMB 25430 and Minute of Agreement between Cumbernauld Development Corporation and Donald Matthew Brownlie and Mrs Agnes Miller Brownlie dated Fourth February and Tenth February both in the year Nineteen Hundred and Eighty Eight.

Section 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.

Section 8

Ex facie absolute Disposition by James Grimshaw in favour of Cumbernauld Development Corporation relative to subjects 18 Meadow View, Cumbernauld in the County of Dumbarton dated Third November Nineteen hundred and sixty seven and recorded GRS (Dumbarton) Fifth February Nineteen hundred and sixty eight and Minute of Agreement between Cumbernauld Development Corporation and James Grimshaw dated Third November and Fifth December both in the year Nineteen hundred and sixty seven.

Section 8

Standard Security by Christopher Hume and Margaret Eveline Hume in favour of Cumbernauld Development Corporation relative to subjects at 41 Woodland Way, Kildrum, Cumbernauld and registered in the Land Register of Scotland under Title Number DMB 35718 and Minute of Agreement between Cumbernauld Development Corporation and Christopher Hume and Margaret Eveline Hume dated Second and Fifth August Nineteen Hundred and Ninety Three.

Section 8

Standard Security by Kim McPhie in favour of Cumbernauld Development Corporation relative to subjects at 55 Millcroft Road, Cumbernauld registered in the Land Register of Scotland under Title Number DMB 29200 and Minute of Agreement between Cumbernauld Development Corporation and Kim McPhie dated Twenty Seventh October and Thirty First October both in the year Nineteen Hundred and Eighty Eight.

Section 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.

Section 9

Standard Security by Colin Wallace in favour of Cumbernauld Development Corporation relative to subjects 2G Tarbolton Road, Cumbernauld and registered in the Land Register of Scotland under Title Number DMB 51348.

Section 9

Standard Security by David McLean Marshall and Jean McCormick or Marshall in favour of Cumbernauld Development Corporation relative to subjects at 49 Woodland Way, Kildrum, Cumbernauld and registered in the Land Register of Scotland under Title Number DMB 3331 and Minute of Agreement between Cumbernauld Development Corporation and David McLean Marshall and Jean McCormick or Marshall dated Eighteenth August and First September Nineteen Hundred and Ninety Three.

Section 9

Standard Security by Scott Munroe in favour of Cumbernauld Development Corporation relative to subjects at 192D Millcroft Road, Cumbernauld registered in the Land Register of Scotland under Title Number DMB 30030 and Minute of Agreement between Cumbernauld Development Corporation and Scott Munroe dated Sixteenth November and Twenty First November both in the year Nineteen Hundred and Eighty Eight.

Section 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.

Section 10

Standard Security by Mrs Jacqueline Dickie in favour of Cumbernauld Development Corporation relative to subjects 5C Tarbolton Road, Cumbernauld and registered in the Land Register of Scotland under Title Number DMB 51682.

Section 10

Standard Security by Brendon Joseph O'Reilly and Anne Marie O'Reilly in favour of Cumbernauld Development Corporation relative to subjects at 55 Woodland Way, Kildrum, Cumbernauld and registered in the Land Register of Scotland under Title Number DMB 15029 and Minute of Agreement between Cumbernauld Development Corporation and Brendan Joseph O'Reilly and Anne Marie O'Reilly dated Tenth and Twelfth August Nineteen Hundred and Ninety Three.

Section 10

Standard Security by Christopher Maher in favour of Cumbernauld Development Corporation relative to subjects at 101 Greenrigg Road, Cumbernauld and garage 15 Greenrigg Road, Cumbernauld registered in the Land Register of Scotland under Title Number DMB 24580 and Minute of Agreement between Cumbernauld Development Corporation and Christopher Maher dated Twenty Ninth September and Twenty Third October both in the year Nineteen Hundred and Eighty Seven.

Section 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.

Section 11

Standard Security by Anna Maria Capuano in favour of Cumbernauld Development Corporation relative to subjects 5 Campsie View, Cumbernauld and registered in the Land Register of Scotland under Title Number DMB 1309.

Section 11

Standard Security by John Black McClymont in favour of Cumbernauld Development Corporation relative to subjects at 67 Woodland Way, Kildrum, Cumbernauld recorded GRS (Dumbarton) on Eighteenth August Nineteen hundred and Ninety Three and Minute of Agreement between Cumbernauld Development Corporation and John Black McClymont dated Fourth and Fifth August Nineteen Hundred and Ninety Three.

Section 11

Standard Security by Martin Peter O'Donnell in favour of Cumbernauld Development Corporation relative to subjects at 133 Greenrigg Road, Cumbernauld and garage 18 Greenrigg Road, Cumbernauld registered in the Land Register of Scotland under Title Number DMB 25287 and Minute of Agreement between Cumbernauld Development Corporation and Martin Peter O'Donnell dated Sixteenth January and Twenty Eighth January both in the year Nineteen Hundred and Eighty Eight.