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Statutory Instrument 1989 No. 1359

The Greater Manchester Residuary Body (Winding Up) Order 1989

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1989 No. 1359

LOCAL GOVERNMENT, ENGLAND AND WALES

The Greater Manchester Residuary Body (Winding Up) Order 1989

Made1st August 1989
Laid before Parliament9th August 1989
Coming into force30th August 1989

    Whereas the Greater Manchester Residuary Body, acting pursuant to section 67(1)(b) of the Local Government Act 1985[1], has submitted a scheme to the Secretary of State for its winding up, and the disposal of its remaining functions, property, rights and liabilities:
    And whereas the Secretary of State has decided to give effect to that scheme:
    Now, therefore, the Secretary of State in exercise of the powers conferred on him by section 67(3) of that Act, and of all other powers enabling him in that behalf, hereby makes the following Order:—


PART I
    Citation, commencement and interpretation
        1.—(1)  This Order may be cited as the Greater Manchester Residuary Body (Winding Up) Order 1989 and shall come into force on 30th August 1989.

        (2)  In this Order—
      "the 1980 Act" means the Local Government, Planning and Land Act 1980[2];
      "the 1985 Act" means the Local Government Act 1985;
      "the abolished council" means the former Greater Manchester County Council;
      "the Residuary Body" means the Greater Manchester Residuary Body;
      "the local council" means the council of a district in the county and in relation to property means, except in article 3, the council of the district in which the property is situated;
      "the county" means the county of Greater Manchester;
      "property", except in article 10(2), does not include cash or the balance of any fund or account;
      "Stockport" means the council of the metropolitan borough of Stockport;
      "Tameside" means the council of the metropolitan borough of Tameside;
      "Manchester" means the council of the city of Manchester;
      "Oldham" means the council of the metropolitan borough of Oldham;
      "Wigan" means the council of the metropolitan borough of Wigan; and
      "the transfer date" means 31st August 1989.


        (3)  For the purpose 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 the county; 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 the 30th June which falls 21 months before the beginning of the financial year in which the payment falls to be made or the sum recovered, as the case may be.

        (4)  For the purpose of any provision of this Order, any matter which falls to be determined by the local councils in consequence of the transfer to them jointly of any property, functions, rights or liabilities shall require the agreement of a majority of all the local councils and any such agreement shall be binding on all the local councils.


Notes:

[1] 1985 c. 51

[2] 1980 c. 65.

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