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

• Citation: S.I. 2014/217
• Sections: 5

Section 1 Citation, commencement and interpretation

(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 3 rd February 2014, a copy of which has been deposited in the offices of the Secretary of State .

Section 2 Transfer of land

(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.

Section 3 Transfer of contracts and agreements

(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.

Section 4 Transfer of remaining property, rights and liabilities to the Secretary of State

(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) of the Local Government, Planning and Land Act 1980.

Section 5 Further provision on transfers

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.