LONDON GOVERNMENT Citation, commencement and interpretation 1 1 This Order may be cited as the London Residuary Body (Transfer of Property etc) Order 1990 and shall come into force on 29th March 1990. 2 In this Order– “the 1980 Act ” means the Local Government, Planning and Land Act 1980 ; “the 1985 Act ” means the Local Government Act 1985; “the 1989 Act ” means the Local Government and Housing Act 1989 ; “the Residuary Body ” means the London Residuary Body; “ Bexley ” means the council of the London Borough of Bexley; “ Bromley ” means the council of the London Borough of Bromley; “ Greenwich ” means the council of the London Borough of Greenwich; “the transfer date” means 30th March 1990; “the abolished council” means the former Greater London Council; “expenditure” in relation to Bromley includes administrative expenses properly incurred by them; “the local council” means the council of a London borough, and in relation to land or property means the council of the London borough in which the land or property is situated; and “the Common Council ” means the Common Council of the City of London. 3 For the purposes of any provision of this Order which requires the payment or recovery of sums in the appropriate proportions– a the appropriate proportion in relation to any council is the proportion equal to the proportion which the population of the area of that council bears to the population of Greater London; and b the population of an area means its relevant population as calculated in accordance with section 69 of the Local Government Finance Act 1988 . 4 Nothing in this Order shall transfer any functions, property, rights or liabilities which the Residuary Body has or is to receive pursuant to the provisions of the Education Reform Act 1988. 5 The provisions of this Order are subject to any contrary provision made by– a the London Government Reorganisation (Property etc) ( No. 2) Order 1989 ; and b the London Government Reorganisation (Pensions etc) Order 1989 . Transfer of specified housing property 2 1 On the transfer date all interests of the Residuary Body in– a the land shown within the thick black line on the Plan titled “Plan A referred to in the London Residuary Body (Transfer of Property etc) Order 1990” shall vest in the council of the London Borough of Hounslow; b numbers 66a to e, 67a to e, 69a to e, 71a to e, 74a to e, 76a to e and 86a to d Elsham Road, London W14 shall vest in the council of the Royal Borough of Kensington and Chelsea (“Kensington and Chelsea”); c numbers 109a to e, 117a to e and 125a to e Holland Road, London W14 shall vest in Kensington and Chelsea; d the land shown within the thick black line on the Plan titled “Plan B referred to in the London Residuary Body (Transfer of Property etc) Order 1990”, shall vest in the council of the London Borough of Hammersmith and Fulham (“Hammersmith and Fulham”); and e numbers 1 to 84 Ollgar Close, Uxbridge Road, London W12 shall vest in Hammersmith and Fulham. 2 a Subject to paragraph (3), immediately before the transfer date the Residuary Body shall set aside from its revenue balances the sum of £136,970; and b on the transfer date the Residuary Body shall pay that sum to Kensington and Chelsea. 3 The sum referred to in paragraph (2) shall be reduced by such amount as the Residuary Body may certify has been expended by it on or in connection with works of repair to the property transferred by paragraph (1)(b). 4 The sum transferred by virtue of paragraph (2) shall be applied for defraying expenditure only on or in connection with works of improvement or repair to the properties transferred by paragraph (1)(b). 5 Subject to paragraph (6), all rights and liabilities of the Residuary Body acquired or incurred in connection with, and all records relating exclusively to, property transferred by paragraph (1) shall vest in the council to which it is so transferred. 6 The following rights and liabilities of the Residuary Body shall not transfer under paragraph (5)– a those arising in respect of actions in the High Court of Justice, Queens Bench Division, Official Referee’s Business under references 1986 E. No. 763, 1986 O. No. 5307, 1987 H. No. 4964 and 1988 M. No. 881; and b those arising in respect of actions in the High Court of Justice, Queens Bench Division, under references 1987 E. No. 594 and 1987 V. No. 571. Transfer of specified land to Bexley and Greenwich 3 1 On the transfer date all interests of the Residuary Body in– a the land specified in Part I of Schedule 1 to this Order shall vest in Bexley; and b the land specified in Part II of Schedule 1 to this Order shall vest in Greenwich. 2 Subject to paragraph (3), all rights and liabilities of the Residuary Body acquired or incurrred in connection with, and all records relating exclusively to, interests in land transferred by paragraph (1) shall vest in the council to which such interests are so transferred. 3 The net proceeds arising from any sale or other disposal within a period of ten years from the transfer date of any interest transferred by paragraph (1) shall be paid to Bromley. 4 In paragraph (3), “net proceeds” means the amount received by Bexley or by Greenwich, as the case may be, in respect of the sale or other disposal of any interest transferred by paragraph (1) less any reasonable expenses incurred by Bexley or by Greenwich in connection with that sale or disposal. 5 For the purposes of paragraphs (3) and (4) “disposal” means disposal by operation of law or otherwise. Transfer of other property 4 1 Subject to article 2 of this Order and to paragraph (2), on the transfer date– a the interests of the Residuary Body specified in Column 2 of Part I of Schedule 2 to this Order in the land specified in Column 1 shall vest in Bromley; b all interests of the Residuary Body in the land described in Part II of Schedule 2 to this Order shall vest in Bromley; c all interests of the Residuary Body in the sites of 124 to 146 (even) and 150 Westmoor Street, Greenwich, London SE7 shall vest in the National Rivers Authority; d all interests of the Residuary Body in land which is the subject of an agreement for its disposal or option for its purchase shall vest in Bromley; e all interests of the Residuary Body in the land vested in it by article 15 of the Local Government Reorganisation (Property etc) Order 1986 (“Thames mead”) shall vest in Bromley; f all interests of the Residuary Body in all other land situated in Greater London shall vest in the local council, or, if such land is situated in their area, in the Common Council; and g all interests of the Residuary Body in any other land situated outside Greater London shall vest in the council of the district in which it is situated. 2 The interests of the Residuary Body in the land described in Schedule 3 to this Order shall not transfer under paragraph (1). 3 On the transfer date the property specified in Column 1 of Schedule 4 to this Order shall vest in the authority specified in Column 2. 4 Subject to article 9, all rights and liabilities of the Residuary Body acquired or incurred in connection with, and all records relating exclusively to, interests in land or property transferred by paragraphs (1) or (3) shall vest in the council or body to which such interests or property are so transferred. 5 Where prior to the transfer date the Residuary Body has disposed of any interest in land subject to a covenant that the Residuary Body shall in certain circumstances either receive money or make payments the benefit or the burden of that covenant, as the case may be, shall vest in Bromley. Transfer of mortgage interests 5 1 On the transfer date all interests of the Residuary Body as mortgagee in– a 58 Mangold Way, Erith, Kent; b 40 Cherbury Close, London SE28; and c 56 Linnet Close, London SE28 shall vest in the council of the London Borough of Richmond-upon-Thames. 2 The London Government Reorganisation (Mortgages) Order 1988 shall apply to the mortgage interests transferred by paragraph (1) as if those interests had been transferred by that Order, except that references in that Order to “the transfer date” shall, insofar as the interests transferred by paragraph (1) are concerned, be construed as references to the transfer date as defined in article 1(2) of this Order. Transfer of Money 6 1 a Immediately before the transfer date the Residuary Body shall set aside from its revenue balances the sum of £2 million; and b on the transfer date the Residuary Body shall pay that sum to Bromley. 2 The sum referred to in paragraph (1) shall be applied by Bromley to defray expenditure incurred by it in consequence of the provisions of this Order. 3 If the defraying of expenditure does not exhaust the sum referred to in paragraph (1) Bromley shall apportion the remaining amount among the local councils and the Common Council; and shall pay the appropriate proportion to each of the other local councils and the Common Council and retain the balance. Block Grant 7 1 Any payment which by virtue of any provision of the 1980 Act would but for this Order have fallen, by virtue of section 81 of the 1985 Act, to be made by or to the Residuary Body shall be made by or to the local councils in the appropriate proportions. 2 For the purposes of paragraph (1)– a “the appropriate proportions” shall be construed in accordance with article 1(3)(a); and b the population of an area shall be taken to be the number estimated by the Registrar General and certified by him to the Secretary of State by reference to 30th June 1983. 3 Any information, notice or request under sections 65, 66 or 67 of the 1980 Act which but for this article would have fallen to be given or made by or to the Residuary Body shall be given or made by or to Bromley. Transfer of property, rights and liabilities relating to Loan Stock 8 1 On the transfer date all rights and liabilities of the Residuary Body in respect of– a London County 6.75 per cent stock 1988/90; b Greater London 6.75 per cent stock 1990/92; c 3 per cent London County Consolidated stock; and d 2.5 per cent London County Consolidated stock shall vest in the London Pensions Fund Authority (“the LPFA ”). 2 a Immediately before the transfer date the Residuary Body shall set aside from its revenue balances the sum of £96,319,202.17; and b on the transfer date the Residuary Body shall transfer that sum to the LPFA. 3 On the transfer date all rights and liabilities of the Residuary Body in respect of loan stocks issued by the abolished council or by the former London County Council which have been redeemed shall vest in the LPFA. 4 On the transfer date the Residuary Body shall pay the LPFA an amount equal to any unclaimed sums outstanding in respect of loan stock (whether or not redeemed) less any amount held by the Chief Registrar of the Bank of England in respect of such unclaimed sums. 5 The sum transferred by paragraph (2)(b)– a shall be applied by the LPFA to meet the liabilities vested in them by paragraph (1) as and when required; and b until so required shall be invested by the LPFA in approved investments as defined by section 66(1)(a) of the 1989 Act. 6 The net interest received by the LPFA from the sum transferred to them by paragraph (2)(b) shall be applied for defraying expenditure (if any) incurred in respect of the functions, property, rights and liabilities transferred to the LPFA by article 3 of the London Government Reorganisation (Pensions etc) Order 1989, or otherwise as the Secretary of State may direct. 7 “Net interest” in paragraph (6) above means the interest earned from the investment of the sum transferred by paragraph (2)(b) less any interest payable in respect of the stock referred to in paragraph (1) and any expenses incurred by the LPFA in the management of that stock. 8 The Local Authority (Stocks and Bonds) Regulations 1974 are amended– a in regulation 1(3), in the definition of “local authority”, by substituting for the words “a residuary body established by Part VII of that Act” the words “London Pensions Fund Authority”; and b in Schedule 2, by substituting for the words “London Residuary Body” the words “London Pensions Fund Authority”. 9 For the purposes of section 47 of the 1989 Act (security for money borrowed etc) the stock referred to in paragraph (1) shall be treated as money borrowed by the LPFA. 10 The stock referred to in paragraph (1) shall be excluded from any determination made by the LPFA under section 45(1) of the 1989 Act (the authority’s own limits). Transfer of proceedings etc 9 1 On the transfer date any interest of the Residuary Body in the subject matter of the proceedings specified in Columns 1 to 3 of Part I of Schedule 5 to this Order and all rights and liabilities of the Residuary Body in those proceedings shall vest in the authority or body specified in Column 4. 2 On the transfer date all rights and liabilities of the Residuary Body in relation to any cause of action or proceeding which is or may be associated in any way with any of the proceedings transferred by paragraph (1) shall vest in the authority or body to which such proceedings are so transferred. 3 On the transfer date all rights and liabilities of the Residuary Body in respect of the Contract specified in Part II of Schedule 5 to this Order shall vest in Greenwich. 4 All rights of the Residuary Body to claim compensation in respect of any interests in land owned or formerly owned by it which are being or have been acquired compulsorily by the London Docklands Development Corporation shall on the transfer date vest in Bromley. Middlesex Guildhall Collection etc 10 1 On the transfer date the interests of the Residuary Body in the items which formed the collection known as the Middlesex Guildhall Collection, and which are specified in loan agreements dated 21st March 1989 and 12th September 1989 and signed by Mrs Wendy West on behalf of the Residuary Body and Mr David Adlington on behalf of the Lord Chancellor’s Department, shall vest in the council of the London Borough of Harrow (“Harrow”). 2 a Subject to paragraph (3), immediately before the transfer date the Residuary Body shall set aside from its revenue balances the sum of £34,600; and b on the transfer date the Residuary Body shall transfer that sum to Harrow. 3 The sum referred to in paragraph (2) shall be reduced by such amount as the Residuary Body may certify has been expended by it before the transfer date under a contract for restoration works made between the Residuary Body and the Castle Howard Conservation Centre. 4 The money transferred by virtue of paragraph (2)(b) shall be applied by Harrow only for defraying expenditure on or in connection with the display, security, repair and maintenance of the items vested in them by paragraph (1). 5 On the transfer date the interests of the Residuary Body in a collection of portraits of Chairmen of the abolished council and of the London County Council and of certain other artefacts specified in a loan agreement dated 31st March 1989 between the Residuary Body and the Common Council shall vest in the Common Council. Records 11 1 This article applies to– a any records of the abolished council vested in the Residuary Body under article 12 of the Local Government Reorganisation (Property etc) Order 1986; and b any records of the Residuary Body which that body’s Director of Administration certifies by 29th March 1990 are no longer required by the Residuary Body. 2 On the transfer date all records to which this article applies and any copyright in them shall vest in the Common Council. 3 a Immediately before the transfer date the Residuary Body shall set aside from its direct capital receipts the sum of £1.52 million; and b on the transfer date the Residuary Body shall transfer that sum to the Common Council. 4 The sum transferred by paragraph (3)(b) shall be applied by the Common Council only for defraying expenditure on or in connection with the provision of accommodation for the storage of the records vested in them by paragraph (2). 5 For the purposes of paragraph (3) “direct capital receipts” has the same meaning as in article 2(1) of the Local Government Reorganisation (Capital Money) (Greater London) Order 1989 . 6 The Residuary Body shall have the right to inspect and to be supplied with copies of any records transferred by this article. Rights and liabilities 12 1 On the transfer date all rights and liabilities of the Residuary Body in relation to the following shall vest in Bromley– a any debt which is subject to an arrangement for its payment in instalments where the final instalment falls to be paid after 29th March 1990; b any unsecured and non-preferential debts where the debtor has become subject to a bankruptcy order or individual voluntary arrangement or the appointment of a receiver or liquidator and in respect of which the trustee in bankruptcy or supervisor or receiver or liquidator has not indicated or is not in a position to indicate that there is unlikely to be any money available for distribution to unsecured or non-preferential creditors; c any guarantee entered into by the abolished council under section 119(3)(c) of the Housing Act 1957 ; d any agreement made between the abolished council and a local council under which the abolished council made a grant to that council; and e any agreement made between the abolished council and the bodies specified in Schedule 6 to this Order under which the abolished council provided assistance by way of a grant for the purchase, conversion or improvement of property outside the area of Greater London, or for the construction, overhaul or fitting out of a vessel. 2 For the purposes of paragraph (1)(a) “debt” does not include debt in respect of borrowed money. 3 On the transfer date all rights and liabilities of the Residuary Body in respect of or in connection with work carried out by the abolished council under the Thames Barrier and Flood Prevention Act 1972 (“the 1972 Act”) and the Land Drainage Act 1976 (“the 1976 Act”) shall vest in the National Rivers Authority, save that any outstanding sums in respect of grants made to the abolished council under section 91 of the 1976 Act pursuant to section 42 of the 1972 Act shall be paid to the Residuary Body. 4 Where the abolished council or its predecessors or, prior to the transfer date, the Residuary Body, have entered into any covenant affecting land with a local council, a county council, a district council or the Common Council, the benefit or the burden of that covenant, as the case may be, shall vest in Bromley. 5 On the transfer date all rights and liabilities of the Residuary Body arising from or connected with the matters specified in Column 1 of Schedule 7 to this Order shall vest in the authority specified in Column 2. 6 Subject to the preceding provisions of this Order and to paragraph (7), all other rights and liabilities of the Residuary Body in relation to land shall vest in the local council, or, if such property is situated in their area, in the Common Council, or the district council. 7 Nothing in this article shall transfer any rights and liabilities of the Residuary Body– a in respect of the land described in Schedule 3 to this Order; b in relation to land adjoining 35 Cremer Street, Shoreditch, Hackney, London E2; c in any proceedings other than those specified in Column 1 of Part I of Schedule 5 to this Order; d referred to in article 9(2) of the London Government Reorganisation (Property etc) (No. 2) Order 1989; or e in respect of debts owed by or to the Residuary Body to or by any of the following companies in liquidation– Keith Andrews and Company (London) Limited; M.J. Shanley (Contracting) Limited; M.C. Swindon Realisations Limited (formerly Mears Construction Limited); St. Mary’s Landscape Limited; J. and W. Mayer Limited; and W.J. Simms Sons and Cooke (Southern) Limited. 13 All rights and liabilities of the Residuary Body arising from the exercise by the abolished council of its powers under the following provisions shall vest in the local council– a section 49(3) and Parts VII and VIII of the Housing Act 1974 (“the 1974 Act”); and b section 40(2) of the Housing Act 1969 , save that any sums in respect of contributions made to the abolished council by the Secretary of State under the 1974 Act which fall to be paid in the financial year beginning on 1st April 1989 shall be paid to the Residuary Body. Consequential financial provisions 14 1 In each financial year commencing with the financial year beginning on 1st April 1990 Bromley shall pay to each of the other local councils and to the Common Council the appropriate proportion of an amount equal to Bromley’s capital receipts in respect of– a any interest, benefit or right vested in them by articles 4(1)(a), 4(1)(b), 4(1)(d), 4(1)(e), 4(5), 9(4), 12(1)(d) and 12(1)(e) of this Order; and b any net proceeds paid to them pursuant to article 3(3) of this Order. 2 The balance of the capital receipts shall be retained by Bromley. 3 Any capital receipts paid to a local council or the Common Council pursuant to paragraph (1) and the balance of the capital receipts retained by Bromley pursuant to paragraph (2) shall be treated for the purposes of Part IV (revenue accounts and capital finance of local authorities) of the 1989 Act as a capital receipt of the council. 4 For the purposes of section 59 of the 1989 Act the reserved part of– a any capital receipts paid to a local council or the Common Council pursuant to paragraph (1); and b the balance of the capital receipts retained by Bromley pursuant to paragraph (2) shall be 50 per cent. 5 a Any sums received by a local council pursuant to article 13 of this Order shall be treated for the purposes of Part IV of the 1989 Act as a capital receipt of the council; and b for the purposes of section 59 of the 1989 Act the reserved part of any such sums shall be 100 per cent. 6 Sums received by Bromley in respect of the disposal of assets vested in them by articles 4(1)(a), 4(1)(b), 4(1)(d), 4(1)(e), 4(5), 9(4), 12(1)(d) and 12(1)(e) and sums paid to them under article 3(3) of this Order shall not be capital receipts for the purposes of Part IV of the 1989 Act. 7 Any sums received by Bexley or Greenwich in respect of the sale or disposal by operation of law or otherwise of any interest transferred by article 3(1) of this Order shall not be capital receipts for the purposes of Part IV of the 1989 Act. Apportionment 15 1 All other sums realised by Bromley by or in consequence of the transfer by articles 4(1)(a), 4(1)(b), 4(1)(d), 4(1)(e), 9(4), 12(1) and 12(4) of this Order of any interests in land, property, benefit or rights shall after deduction of any relevant expenditure be apportioned among the local councils and the Common Council; and Bromley shall, not later than the end of the financial year in which such sums are received, pay the appropriate proportion to each of the other local councils and the Common Council and shall retain the balance. 2 If in any financial year the aggregate in that year of the sums referred to in paragraph (1) is insufficient to meet any relevant expenditure of Bromley for that year, that expenditure shall, to the extent that it is not met from the aggregate, be apportioned among the local councils and the Common Council; and the appropriate proportion shall be recoverable by Bromley from each of the other local councils and the Common Council. 3 In this article, “relevant expenditure” means expenditure attributable to this Order which is not defrayed by virtue of any other provision of this Order. Consequential administrative arrangements 16 1 On or before 31st October in the financial year beginning on 1st April 1990 and on or before 30th June in any subsequent financial year Bromley shall notify every other local council and the Common Council of its estimate of the amount to be paid to that council in the current financial year– a by way of capital receipts under article 14(1); and b under article 15(1). 2 Bromley shall send a copy of the notifications sent under paragraph (1) to the Secretary of State and shall advise him of any payments made by way of capital receipts under article 14(1), or under article 15(1). 3 Bromley shall– a on or before 31st October in the financial year beginning on 1st April 1990 and on or before 30th June in any subsequent financial year provide the Secretary of State with an estimate of the amount they anticipate they will retain in that financial year by way of capital receipts under article 14(2), and under article 15(1); and b notify the Secretary of State of any such amounts retained. Continuity of the exercise of functions 17 1 Anything done by or in relation to (or having effect as if done by or in relation to) the Residuary Body in connection with any interests in land, property, rights or liabilities which by virtue of this Order are transferred to a local council, a district council, the Common Council or the National Rivers Authority shall so far as is required for continuing its effect after the transfer date have effect as if done by or in relation to that council or that Authority, as the case may be. 2 Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any application, decision or determination; to the giving of notice; to the entering into of any agreement or other instrument; and to the bringing of any action or proceeding; but nothing in this Order shall be construed as transferring any contract of employment. 3 Any pending action or proceeding may be amended in such a manner as may be appropriate in consequence of this Order. Complaints of maladministration by Residuary Body 18 1 The Parliamentary Commissioner may investigate or, as the case may be, continue to investigate a complaint of maladministration by the Residuary Body arising in relation to any interests in land, property or other matter transferred by this Order. 2 In relation to any such investigation begun or continued after the transfer date, the Parliamentary Commissioner Act 1967 shall apply as if for any reference to the principal officer of the Residuary Body there were substituted a reference to the proper officer of the local council, district council, Common Council or of the National Rivers Authority and as if any specified action had been taken by the relevant council or as the case may be, by the Common Council or by the National Rivers Authority. Disputes 19 In the event of a dispute between any of the local councils or between any of the local councils and the Common Council as to the amount of any expenditure recoverable by Bromley pursuant to this Order, the matter shall be determined by an arbitrator appointed by the Secretary of State; and section 31 of the Arbitration Act 1950 shall have effect in relation to the arbitration as if it were an arbitration to which that section applies. Miscellaneous 20 1 On the transfer date the council of the London Borough of Lewisham shall succeed the Residuary Body as trustee of the Beatrice Prize Fund. 2 The Local Government Reorganisation (Repayment of Loans) (Greater London) Order 1986 is hereby revoked. Chris Patten Secretary of State for the Environment 2nd March 1990