LONDON GOVERNMENT Title, commencement and interpretation 1 This order may be cited as the London Authorities (Transfer of Housing Estates etc. ) Order 1971, and shall come into operation on 22nd February 1971. 2 1 The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament. 2 In this order— “ the deposited Schedule ” means the Schedule “Properties transferred by article 3 of the London Authorities (Transfer of Housing Estates etc.) Order 1971” prepared in duplicate and signed by an Assistant Secretary in the Department of the Environment and as to which further provision is made in article 3(2) ; “ officer ” includes the holder of any place, situation or employment ; “ the Secretary of State ” means the Secretary of State for the Environment ; and “ transferee authority ”, in relation to housing accommodation transferred by article 3, means the London borough council to whom that accommodation is so transferred . 3 In the articles of this order, unless the context otherwise requires, any reference to housing accommodation shall include— a a reference to garages, parking spaces and estate amenities; and b a reference to shops where any such shop gives such access to a dwelling transferred by article 3 as to render the said shop and dwelling suitable for occupation by a single occupier; and references to an area of housing accommodation shall be construed accordingly. 4 In this order, unless the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment or by this order. 5 Any reference in this order to a numbered article shall, unless the reference is to an article of a specified order, be construed as a reference to the article bearing that number in this order. 6 Any reference in any article of this order to a numbered paragraph shall, unless the reference is to a paragraph of a specified article, be construed as a reference to the paragraph bearing that number in the first-mentioned article. Transfer of property 3 1 Subject to the provisions of article 13(3) and of Part III of Schedule 1 to this order, on 1st April 1971 any property described in any Part of the deposited Schedule and all liabilities (other than liabilities in respect of money borrowed) attaching to the Greater London Council in respect of any such property shall by virtue of this order be transferred to and vest in or attach to the authority named in the description of such Part, and— a all contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given (or having effect as if they had been given) by, or to, the Greater London Council in respect of such property and liabilities shall be of full force and effect in favour of, or against, the authority named as aforesaid; and b any action or proceeding or any cause of action or proceeding, pending or existing at 1st April 1971, by, or against, the Greater London Council in respect of such property and liabilities shall not be prejudicially affected by reason of this order, and may be continued, prosecuted and enforced by, or against, the authority named as aforesaid. 2 One duplicate of the deposited Schedule is deposited in the offices of the Secretary of State and the other in the offices of the Greater London Council. Copies of the deposited Schedule have been deposited with the transferee authorities and shall be open to inspection at all reasonable times. 3 Nothing in paragraph (1) shall affect any grant or subsidy receivable by the Greater London Council in respect of housing accommodation transferred by that paragraph. 4 Any property or liability transferred by article 3 to the authority for any area shall be held or discharged by them in respect of the area. 5 Any byelaws in force for the regulation of any property transferred by the said article shall have effect as if they had been made by the authority to whom such property is transferred. 6 Any legal proceedings pending at 1st April 1971 may be amended in such manner as may be necessary or proper in consequence of this order. 7 Where under this order or any adjustment made in consequence hereof any liability or part of a liability charged indifferently on all the revenues of a public body or on any particular revenues or fund of such body is transferred to another public body, the liability or part of the liability shall be charged indifferently on all the revenues of the public body to whom it is transferred and shall cease to be a charge on any revenues or fund of the public body from whom it is transferred. In this article, ‘ public body ’ and ‘ revenues ’ have the same meanings as in the Local Government Act 1933 . 8 Where by virtue of this order any matter in respect of which, if this order had not been made, sums would have become due and owing to a consolidated loans fund is transferred to an authority other than the authority by whom such fund is maintained on and after 1st April 1971, such sums shall be paid by the first-mentioned authority to the authority by whom the fund is maintained. Covenants affecting property 9 Unless the Greater London Council and the transferee authority otherwise agree, section 62 of the Law of Property Act 1925 (which implies certain words in conveyances of land, subject to the terms of the conveyance and the provisions therein contained) shall have effect— a in respect of any property transferred by article 3; and b in respect of any property, being property vested in the Greater London Council, which is affected by the said transfer, as if the property described in ( a ) and ( b ) respectively had been the subject of a conveyance on 1st April 1971. 10 1 This article applies to any land within the extent of an area of housing accommodation transferred by article 3, being land in respect of which the Greater London Council have powers under section 151 of the Housing Act 1957 to enforce covenants entered into on the sale or exchange of land. 2 In respect of any land to which this article applies— a the Greater London Council shall consult with the transferee authority before exercising their powers under the said section 151; b the transferee authority may require the Greater London Council to exercise the said powers in any case where such exercise is requisite in the interests of the area of housing accommodation within the extent of which the land is situated. 3 The Greater London Council shall notify the transferee authority of any land to which this article applies and provide sufficient particulars of the covenants to which the said section 151 relates. 11 Any covenant (not being a covenant affected by article 10) which would be enforceable by the Greater London Council immediately before 1st April 1971 in respect of land within the extent of an area of housing accommodation transferred by article 3, being land which was sold or exchanged by the Greater London Council or by the London County Council and, immediately before such sale or exchange, was held by them for the purposes of the Housing Act 1957 or of any Act re-enacted by that Act, shall be of full force and effect in favour of the transferee authority. Rent books 12 Until a new rent book is issued by a transferee authority in respect of any housing accommodation transferred by article 3, notification to the tenant of the said accommodation of that transfer shall be deemed to be a compliance by the said authority as landlord with the requirements of section 2(1)(a) of the Landlord and Tenant Act 1962. Terms of transfer of housing accommodation 13 1 A transferee authority shall make payments to the Greater London Council in accordance with the provisions of Part I of Schedule 1 to this order. 2 The Greater London Council shall pay to a transferee authority sums calculated in accordance with the provisions of Part II of the said Schedule. 3 The Greater London Council shall discharge the liabilities described in Part III of the said Schedule. Housing Revenue Account 14 Notwithstanding the provisions of paragraphs 1 and 2 of Schedule 5 to the Housing (Financial Provisions) Act 1958, the Greater London Council and each transferee authority shall enter in their Housing Revenue Account any sums receivable or payable under or by virtue of this order, being sums which relate to matters which would have been so entered if this order had not been made. Nomination rights 15 1 Until 1st April 1983 the Greater London Council may, without payment, nominate tenants to such proportion of the vacancies in the dwellings transferred by article 3 to a transferee authority, not exceeding 65 per centum of such vacancies, as they may determine from time to time. 2 Without prejudice to paragraph (1), the Greater London Council may agree with a transferee authority, before 1st April 1983 in respect of nominations in excess of the said 65 per centum, or after that date as to any nominations, and any such agreement may include such terms (whether as to payment or otherwise) as may be agreed between the parties or, in default of agreement, as may be determined by the Secretary of State or by an arbitrator appointed by him. 3 Nothing in this article shall affect any agreement as to nominations subsisting between the Greater London Council and a London borough council at the coming into operation of this order. Notices to be given 16 To enable the Greater London Council to provide the Secretary of State with such information as he may require from time to time in order to determine any question relating to a grant or subsidy or the amount thereof, a transferee authority shall notify the Greater London Council of any action taken in respect of any housing accommodation transferred by article 3, being such action as may affect the payment of such a grant or subsidy or the amount thereof. 17 1 This article applies to each financial year until 1st April 1974. 2 Where the Greater London Council— a have, as from 1st April or any later date in any year, applied a general increase to the rents payable on housing accommodation provided by them; or b have resolved to apply (whether or not they have authority to apply) any such general increase as from 31st March next following, or any earlier date, they shall give notice to that effect to each transferee authority not later than 31st December in the said year. 3 A notice given under paragraph (2) shall include sufficient details of how the increase would have applied to the housing accommodation transferred under article 3 to the transferee authority concerned if the transfer had not been effected. 4 The Greater London Council shall provide to each transferee authority sufficient information from time to time of the cost and functioning of the rent rebate scheme operated by them under section 113 of the Housing Act 1957. 5 The Greater London Council shall notify each transferee authority by 30th September in each year of their estimate of the average cost of maintenance and management of each dwelling owned by them in the year concerned, such notice including separate particulars as to flats and other housing accommodation so owned. Transfer of staff 18 1 Any officer of the Greater London Council described in column (1) of Part I of Schedule 2 to this order shall, on 1st April 1971, be transferred to the employment of the authority specified opposite that description in column (2). 2 In Part I of Schedule 2, references to employment or to a place of employment are references to such employment or place on 31st March 1971. 19 1 The Greater London Council shall notify to each transferee authority the number of officers employed on maintenance operations within each class described in Part II of Schedule 2 to this order who are available for transfer to that authority. 2 On receipt of a notification under paragraph (1), the transferee authority shall inform the Greater London Council of the number in each such class (not exceeding that notified) acceptable to the authority for such transfer. 3 In respect of each transferee authority, the Greater London Council shall notify the accepted number of officers of each class described as aforesaid of their intended transfer to that authority. 4 Any officer notified by the Greater London Council under the last foregoing paragraph shall, on 1st April 1971, be transferred to the employment of the transferee authority. 5 Where, before the transfer of any officer under this article, that officer resigns from the service of the Greater London Council, that Council shall notify another officer of the like description, and paragraph (4) shall apply to such officer as it applied to the first-mentioned officer: Provided that nothing in this paragraph shall apply where there is no such officer of the Greater London Council who would be surplus to the requirements of the Council after the date of transfer. 20 Any officer of the Greater London Council in the grade of clerical officer 1, clerical officer 2 or housing officer 1 who applies to that Council to be transferred to the employment of a transferee authority shall, if that Council and that authority so agree, be transferred, on 1st April 1971, to the employment of the last-mentioned authority. 21 1 Where, immediately before 1st April 1971, any officer has not taken up the duties of his employment he shall be deemed, in the application of article 18 or 19, to be discharging such duties, and to be employed in connection with the area of housing accommodation at which he would be employed if he had taken up such duties. 2 Where any officer is, immediately before 1st April 1971, absent from his normal duties for the purpose of undergoing training, article 18 or 19 shall apply— i if it was part of the arrangements under which he is so absent that at the completion of such training he should be employed in a place, situation or employment different from the place, situation or employment which he occupied prior to the commencement of the training, as if he was, immediately before 1st April 1971, occupying such different place, situation or employment; ii otherwise, as if he was, immediately before 1st April 1971, occupying the place, situation or employment which he occupied immediately prior to the commencement of such training. 3 Where any officer is, immediately before 1st April 1971, absent from his normal duties otherwise than for the purpose of undergoing training he shall be deemed, in the application of article 18 or 19, to be discharging such duties, and to be discharging them in connection with the area of housing accommodation at which he normally discharges them. 22 1 Any question whether an officer is employed in the manner described in article 18 or 19 shall be determined by a tribunal established under section 12 of the Industrial Training Act 1964. References to such tribunal may be made as soon as may be and in any case not later than 30th April 1971. 2 Where any question that an officer is not, or is, employed in the manner described as aforesaid is outstanding on 1st April 1971 the officer shall not be transferred until the expiration of the second week following that in which the decision of the tribunal is notified. Officers appointed before 1st April 1971 23 Where a transferee authority, before 1st April 1971, with the consent of the Greater London Council, appoint to hold any place, situation or employment before or as from that day any person (hereinafter referred to as “the officer”) who, but for that appointment, would fall within a description of officers in Part I or II of Schedule 2 to this order, the officer in that appointment shall be deemed to have been transferred by article 18 or 19 as appropriate and, in a case falling within article 19, he shall be included within the number of officers mentioned in paragraph (2) of that article in respect of the transferee authority. Saving for certain staff 24 Subject to articles 20 and 23, nothing in article 18 or 19 (other than article 19(5)) applies— a to any person who will, by virtue of any agreement entered into between him and any authority before 1st April 1971, enter into the employment of that authority on that date; or b to any person as regards any employment which is to be terminated on 31st March 1971. Secondary transfers 25 Any officer transferred by article 18 or 19 to a transferee authority may, before 1st July 1971, be transferred by the said authority with the agreement of any other such authority and of the officer to the employment of that authority, and this order shall continue to apply to him. Protection of staff 26 1 a Every officer transferred (or deemed to have been transferred) by article 18, 19 or 20 to the employment of a transferee authority shall, so long as he continues in that employment by virtue of the transfer or appointment and until he is served with a statement in writing of new terms and conditions of employment, enjoy terms and conditions of employment not less favourable than those he enjoyed immediately before 1st April 1971. The said new terms and conditions shall be such that— i so long as the officer is engaged in duties reasonably comparable to those in which he was engaged immediately before 1st April 1971, the scale of his salary or remuneration, and ii the other terms and conditions of his employment, are not less favourable than those he enjoyed immediately before 1st April 1971, and any question whether duties are reasonably comparable as aforesaid shall be determined by a tribunal established under section 12 of the Industrial Training Act 1964. The statement of new terms and conditions shall contain information that any question shall be so determined and as to the person and address to whom any question should be referred. b A statement of new terms and conditions of employment shall not be served in respect of any officer in relation to whom a question has been referred under article 22(1) until the decision of the tribunal has been notified. c If after service of a statement of new terms and conditions of employment upon him a question is referred in respect of an officer under article 22(1), the statement shall cease to have effect, sub-paragraph (a) of this paragraph shall have effect as if the statement had not been served, and no new statement shall be served until the decision on the question has been notified. 2 A written statement given in accordance with section 4(1) of the Contracts of Employment Act 1963 shall not be regarded as a statement of new terms and conditions of employment for the purposes of paragraph (1) unless the statement so indicates. Saving for dispensations 27 Any dispensation from the requirements of any regulation granted to the Greater London Council shall have effect, in relation to any officer transferred (or deemed to have been transferred) by article 18, 19 or 20, as if it had been granted to the authority to whose employment he has been transferred (or is deemed to have been transferred). Saving for extensions of service 28 Any extension of service under section 7(1) of the Local Government Superannuation Act 1937 effective on 1st April 1971 in relation to an officer tranferred (or deemed to have been transferred) by article 18, 19 or 20 shall continue to have effect as if it had been made by the authority to whose employment he has been transferred (or is deemed to have been transferred). Appointment of assessor 29 On any reference under article 22(1) or 26 the tribunal may, if they think fit, appoint a person having special knowledge or experience in relation to the subject matter of the reference to sit with them as assessor. Superannuation 30 1 Where an officer who, immediately before his transfer (or deemed transfer) to an authority by article 18, 19 or 20— a was subject to an election in consequence of which he did not participate in the benefits of the superannuation fund maintained by the Greater London Council under Part I of the Local Government Superannuation Act 1937; and b had an expectation of a gratuity payable according to years of service, that election shall remain in effect and such a gratuity shall, subject to terms and conditions which are not less beneficial, by payable by that authority in respect of his previous service and of any service rendered to that authority. 2 Section 35 of the Local Government Superannuation Act 1937 shall apply to an expectation under this article as it applies to a right under that Act. Protection of housing accommodation 31 Where, immediately before 1st April 1971, an officer of the Greater London Council occupied a dwelling (whether as a tenant or otherwise) provided by that Council in connection with, or as a term of, his employment and a he is transferred (or deemed to have been transferred) by this order but the dwelling is not transferred by article 3; or b he is so transferred (or deemed to have been transferred) to any authority but the dwelling is transferred by article 3 to another authority; or c he is not so transferred (or deemed to have been transferred) but the dwelling is transferred by article 3, nothing in this order shall prejudice that occupation and for the purposes of that occupation the authority in whom the dwelling is vested shall permit the authority by whom the officer is employed to deal with the dwelling as if it were vested in that authority, and that authority shall make any necessary payment to the authority in whom the dwelling is vested to take account of the occupation of the dwelling by the officer. Payment in lieu of transfer 32 In the case of a transferee authority where the accepted number of officers for the purposes of article 19(2) is less than the notified number of such officers for the purposes of paragraph (1) of the said article, the Greater London Council may require payment from the transferee authority until 1st April 1973 of sums equal to not more than one half of the basic remuneration of each such officer who has not been so accepted: Provided that nothing in this article shall apply to the remuneration of an officer for the time being required for the normal establishment of the Greater London Council. Arbitration 33 Subject to any provision of this order, any dispute arising under this order or in consequence thereof shall be determined by an arbitrator appointed by agreement between the parties in dispute or, in default of agreement, by the Secretary of State and, subject as aforesaid, the provisions of the Arbitration Act 1950 shall apply to any arbitration under this article. Peter Walker Secretary of State for the Environment 11th February 1971