LONDON GOVERNMENT Citation and commencement 1 This order may be cited as the Greater London Council (Transfer of Land and Housing Accommodation) Order 1983, and shall come into operation on 1st April 1983. Interpretation 2 1 In this order— “ the 1980 Order ” means the Greater London Council (Transfer of Land and Housing Accommodation) Order 1980; “ the first 1981 Order ” means the Greater London Council (Transfer of Land and Housing Accommodation) Order 1981; “ the second 1981 Order ” means the Greater London Council (Transfer of Land and Housing Accommodation) ( No. 2) Order 1981; “ the 1982 Order ” means the Greater London Council (Transfer of Land and Housing Accommodation) Order 1982; “ the deposited Schedules ” means the Schedules prepared in triplicate and entitled “Properties transferred by the Greater London Council (Transfer of Land and Housing Accommodation) Order 1983” which is signed by an Assistant Secretary in the Department of the Environment and as to which further provision is made in article 3; “ the Council ” means the Greater London Council; “ Hounslow ” means the Council of the London Borough of Hounslow; “ the relevant date ” means the 1st April 1983; “ representative body ” means a body appearing to the Council to represent London borough councils; “ the Secretary of State ” means the Secretary of State for the Environment; “ Southwark ” means the Council of the London Borough of Southwark; “ the transferee ”, in relation to transferred property, means Hounslow or Southwark as the case may be; and “ transferred property ” means the land or housing accommodation described in the deposited Schedules and transferred by this order. 2 Without prejudice to the generality of section 23(5) of the London Government Act 1963, in this order, unless the context otherwise requires, any reference to housing accommodation shall include a reference to garages, parking spaces, shops and estate amenities. 3 Any reference in this order to a numbered article shall, unless that reference is to an article of a specified order, be construed as a reference to the article bearing that number in this order. 4 Any reference in an article of this order to a numbered paragraph shall, unless the reference is to a paragraph in a specified article, be construed as a reference to the paragraph bearing that number in the first-mentioned article. 5 Any reference in a Schedule to this order to a numbered paragraph shall, unless the reference is to a paragraph in a specified Schedule, be construed as a reference to the paragraph bearing that number in the first-mentioned Schedule. Deposited Schedules 3 One copy of each of the deposited Schedules is deposited in the offices of the Secretary of State, one in the principal office of the Council and one which shall be open to inspection at all reasonable times in the principal office of the transferee. Transfer of property 4 On the relevant date the interest of the Council in the transferred property and (save as hereinafter provided) all liabilities attaching directly or indirectly to the Council in respect of its ownership or occupation of such property shall by virtue of this order be transferred to and vest in or attach to the transferee, and— a subject to articles 6 and 7, 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 Council in respect of such property and liabilities shall be of full force and effect in favour of, or against, the transferee; and b subject to article 9, any action or proceeding or any cause of action or proceeding, pending or existing at the relevant date, by or against, the 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 transferee. General words implied in transfer 5 Unless the Council and the transferee 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 transferred property; and b in respect of any property, being property vested in the 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 the relevant date. Works of construction, etc. on transferred property 6 1 The Council shall construct or complete the construction of housing accommodation on the transferred property in accordance with plans deposited with the transferee, and shall prepare programmes for works thereon which arise from a major technical cause, subject to the following provisions of this article. 2 Any contract entered into by the Council, whether before or after the relevant date, relating to or in connection with the construction of housing accommodation on transferred property shall be vested in the transferee under article 4 at the expiry of 15 days after the issue of a certificate by the architect or other supervisory officer with responsibility for the construction of such accommodation certifying final payment under the contract. 3 The Council may by notice in writing require the transferee to assign to the Council the benefit and burden of any contract which is vested in the transferee in accordance with this article, specifying the date on which such assignment shall take place, and on that date the transferee shall so assign the benefit and burden of the contract, notwithstanding any provision thereof or otherwise purporting to prohibit or restrict assignment. 4 The transferee shall so far as it is able afford to the Council, its officers, employees, agents and contractors all such reasonable access to the transferred property and rights to use the same as the Council may require for the purpose of carrying out works under a contract to which this article applies at any time after the relevant date when such a contract is vested in the Council. 5 As soon as any housing accommodation constructed on transferred property becomes available for occupation, the Council shall notify the transferee accordingly. 6 Schedule 1 to this order shall have effect in relation to works arising from a major technical cause; and any question about whether any works so arise shall be determined by the Council. 7 1 This article applies to any payment falling to be made under a contract to which article 6 applies at any time after the contract is vested in the transferee. 2 Where the payment falls to be made by the transferee, the Council shall indemnify the transferee in respect thereof; and where the transferee receives any payment in connection with works the subject of a programme prepared under Schedule 1, it shall be paid to the Council. 3 The transferee may deduct from any payment under paragraph (2) its proper legal costs and disbursements incurred thereon and not otherwise recovered by it. Legal proceedings 8 Any legal proceedings at the relevant date may be amended in such manner as may be necessary or proper in consequence of this order. Negligence and breach of statutory duty 9 1 The Council shall meet the full amount of any claim as to an act of negligence or breach of statutory duty made against them by a third party in respect of any transferred property provided that such claim— a relates to an act or breach committed or occurring before the relevant date; and b is settled for an amount in excess of £250. 2 The transferee authority shall meet any such claim which is settled for an amount not exceeding £250. Byelaws 10 Any byelaw in force immediately before the relevant date for the regulation of any transferred property shall have effect as if it had been made by the transferee. Nomination rights 11 1 For the purposes of— a assisting in meeting the requirements of the Council and of the London borough councils for housing accommodation arising from the discharge of any of their functions; and b providing opportunities for the movement of persons requiring rented accommodation in Greater London, the Council may until 31st March 1990 nominate tenants to not more than the relevant proportion of the vacancies existing or occurring in dwellings included in the transferred property or in dwellings provided upon transferred property after the relevant date in pursuance of article 6. 2 The relevant proportion is 20 per centum in the case of Hounslow and 50 per centum in the case of Southwark. 3 The transferee shall ensure that the vacancies made available to the Council for the purposes of this article shall, so far as reasonably practicable, be in dwellings which in size, type, age and quality are, taken as a whole, fairly representative of the dwellings included in the transferred property in which vacancies occur. 4 Paragraph (1) shall not apply to a vacancy existing or occurring in a dwelling where the event giving rise to the vacancy has not increased the total number of vacancies available to the transferee for letting. Consolidated loan funds 12 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 or loans pool maintained by another authority on and after the relevant date are transferred to the transferee, such sums shall be paid by the transferee to the authority by whom the fund is maintained. Transfer of outstanding debt 13 1 The transferee shall— a from the relevant date assume liability for all repayment of principal, interest and management expenses relating to the loan debt outstanding at that date on the transferred properties (including the cost of the land) and due to the consolidated loans fund of the Council; b from the date on which payment is made or costs incurred under article 6, assume a similar liability in respect of any loan debt incurred by the Council after the relevant date in meeting the liabilities created by that article; 2 The liabilities arising under this article shall be discharged by payments to the Council of such amounts and at such times in each year as shall be agreed between the Council and the transferee. 14 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 the Council or on any particular revenues or fund of the Council is transferred to a transferee authority, the liability or part of the liability, as the case may be, shall be charged indifferently on all the revenues of the transferee and shall cease to be a charge on any revenues or fund of the Council. Housing grants and subsidies 15 The Council shall furnish the transferee with such information as the Secretary of State may require from the transferee in order to determine any question concerning housing grants or subsidies or the amount thereof. Payments in respect of net cost of transferred property 16 Schedule 2 to this order shall have effect in relation to payments by the Council to the transferee in respect of the net cost of transferred property. Review of certain financial terms 17 1 Without prejudice to any provision in Schedule 2 to this order for reviewing the terms contained in that Schedule, if an enactment is passed after the coming into operation of this order which in the opinion of the Council or of the transferee significantly affects those terms the Council or the transferee (as the case may be) may notify the other party that the said terms should be reviewed. 2 On the giving (or receiving) of a notification under paragraph (1) the Council, in consultation with the transferee and with a representative body, shall review the said terms and such other terms may be agreed as the Secretary of State may approve. 3 If the Council and the transferee, having held a review under paragraph (2), fail to agree such other terms as are therein mentioned the Secretary of State, on the application of the Council or of the transferee, may determine the said other terms. Arbitration 18 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. Tom King Secretary of State for the Environment 28th February 1983