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Statutory Instrument 1989 No.1799

The London Government Reorganisation (Property etc) (No. 2) Order 1989

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1989 No.1799

LONDON GOVERNMENT

The London Government Reorganisation (Property etc) (No. 2) Order 1989

Made29th September 1989
Laid before Parliament10th October 1989
Coming into force31st October 1989

    Whereas the London Residuary Body, acting pursuant to section 67(2) of the Local Government Act 1985[1] has submitted proposals to the Secretary of State for the transfer of certain of its properties to local authorities and to new authorities, and he has decided to give effect to those proposals:-
    Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 67(3), 100(3) and 101 of that Act, and of all other powers enabling him in that behalf, hereby makes the following Order:-
    Citation, commencement and interpretation
        1.—(1)  This Order may be cited as the London Government Reorganisation (Property etc) (No. 2) Order 1989 and shall come into force on 31st October 1989.

        (2)  In this Order "the Residuary Body" means the London Residuary Body.
    Property at Albert Embankment, London SE1
        2.—(1)  On 30th January 1990 the interests of the Residuary Body in the following properties shall vest in the London Fire and Civil Defence Authority -
       (a) Queensborough House, 12 to 18 Albert Embankment, London, SE1, registered at Her Majesty's Land Registry under title number SGL 57118;
       (b) 21 Albert Embankment, London, SE1, registered at Her Majesty's Land Registry under title numbers SGL 159029 and SGL 27559;
       (c) Part of 20 Albert Embankment, London, SE1, registered at Her Majesty's Land Registry under title number SGL 27558;
       (d) the North Wing of the fifth floor of 20 Albert Embankment, London, SE1 as described in an Underlease dated 12th December 1978 and made between Town Investments Limited and the Greater London Council for a term expiring on 22nd March 1998; and
       (e) 66 spaces for the parking of motor vehicles in the car park adjoining 20/21 Albert Embankment, London SE1 as described in a licence dated 1st September 1966 and made between the Cementation Company Limited and the Greater London Council.

        (2)  On 30th January 1990 the interests of the Residuary Body in part of the ground floor and the second floor of 20 Albert Embankment, London, SE1, registered at Her Majesty's Land Registry under title number SGL 38308 shall vest in the London Waste Regulation Authority.

        (3)  Subject to paragraph (4) -
       (a) immediately before 30th January 1990 the Residuary Body shall set aside from its direct capital receipts the sum of £5 million; and
       (b) on 30th January 1990 the Residuary Body shall -
         (i) transfer £3.6 million of that sum to the London Fire and Civil Defence Authority; and
         (ii) transfer the remaining £1.4 million to the London Waste Regulation Authority.

        (4)  
       (a) The sums referred to in paragraph (3)(b) shall be reduced by such amounts as the Residuary Body may certify have been expended by it after 1st September 1989 on or in connection with works to the properties transferred, in the case of the sum referred to in paragraph (3)(b)(i), by paragraph (1), and in the case of the sum referred to in paragraph (3)(b)(ii), by paragraph (2); and
       (b) the sum referred to in paragraph (3)(a) shall be reduced by the total of the amounts so certified.

        (5)  the money transferred by virtue of paragraphs (3) and (4) shall be applied by the authorities to whom it is transferred only -
       (a) for defraying expenditure on or in connection with works to the properties transferred by paragraphs (1) and (2); and
       (b) for defraying expenditure on or in connection with their relocation into those properties.

        (6)  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[2].
    Greenwich and Woolwich Foot Tunnels
        3.—(1)  
       (a) All interests of the Residuary Body in the Greenwich Foot Tunnel which runs beneath the River Thames at Greenwich Reach shall vest jointly in the councils of the London Boroughs of Greenwich and Tower Hamlets;
       (b) all interests of the Residuary Body in the Woolwich Foot Tunnel which runs beneath the River Thames at Woolwich Reach shall vest jointly in the councils of the London Boroughs of Greenwich and Newham;
       (c) the functions of the Greater London Council under the Thames Tunnel (Greenwich to Millwall) Act 1897[3] shall vest jointly in the councils of the London Boroughs of Greenwich and Tower Hamlets; and
       (d) the functions of the Greater London Council under the Thames Tunnel (North and South Woolwich) Act 1909[4] shall vest jointly in the councils of the London Boroughs of Greenwich and Newham.

        (2)  
       (a) Subject to paragraph (3), immediately before 30th March 1990 the Residuary Body shall set aside from its direct capital receipts the sum of £1.75 million; and
       (b) On 30th March 1990 the Residuary Body shall transfer that sum to the council of the London Borough of Greenwich as trustee for the councils of the London Boroughs of Greenwich, Tower Hamlets and Newham.

        (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 improvement or repair to the property transferred by paragraphs (1)(a) and (b) between 1st July and 31st December 1989.

        (4)  The money transferred by virtue of paragraphs (2) and (3) shall be applied for defraying expenditure only on or in connection with works of improvement or repair to the property transferred by paragraphs (1)(a) and (b).

        (5)  For the purposes of paragraph (2) "direct capital receipts" has the same meaning as in article 2(1) of the Local Government Reorganisation (Capital Money) (Greater London) Order 1989.
    Continuity of the exercise of functions
        4.—(1)  Anything done by or in relation to (or having effect as if done by or in relation to) the Greater London Council or the Residuary Body in the exercise of or in connection with a function which by virtue of article 3 becomes the function of the London Boroughs of Greenwich, Tower Hamlets or Newham, shall, so far as is required for continuing its effect after this Order comes into force, have effect as if done by or in relation to the London Boroughs of Greenwich, Tower Hamlets or Newham, as the case may be.

        (2)  Any pending action or proceeding may be amended in such manner as may be appropriate in consequence of paragraph (1).
    Grants to Voluntary Organisations
        5.    All remaining interests, rights and liabilities of the Residuary Body arising from or under grant agreements in respect of land between the Greater London Council and the bodies specified in Column 1 of Schedule 1 to this Order shall vest in the London Borough council specified in Column 2.
    Highways Subsoil
        6.    All interests of the Residuary Body in the subsoil of existing highways acquired for highways purposes on or before 1st April 1974 by the Greater London Council or its predecessors, other than those specified in Schedule 2 to this order, shall vest in
       (a) the London Borough council in whose area such subsoil is situated; or
       (b) where such subsoil is situated in their area, in the Common Council of the City of London.
    Land at Tower Hill, London EC2
        7.    All the interests of the Residuary Body in the property described in Column 1 to Schedule 3 to this Order shall vest in the London Borough of Tower Hamlets or in the Common Council of the City of London as specified in Column 2.
    Other Property
        8.    All the interests of the Residuary Body in the property described in Schedule 4 to this Order shall vest in the local authority in whose area it is situated.
    Rights and Liabilities
        9.—(1)  Subject to paragraph (2), all rights and liabilities of the Residuary Body acquired or incurred exclusively in connection with any property or interest transferred by this Order shall vest in the authority to which such property or interest is transferred.

        (2)  The following rights and liabilities of the Residuary Body shall not transfer under paragraph (1) -
       (a) those arising under or in relation to any contract which provides for works of refurbishment to be carried out to or in connection with the properties transferred by article 2;
       (b) those arising under Orders of the High Court of Justice, Chancery Division made on 11th May 1989 under references CH 1988 L7617 and CH 1988 L7124 in actions between the Residuary Body and the authorities to which property is transferred by article 2 or under any amendment or revision of those Orders; and
       (c) those arising under any agreement entered into after 1st September 1989 under which the Residuary Body undertakes -
         (i) to carry out works of refurbishment to 20 Albert Embankment London SE1 or to defray any part of the cost of such works; or
         (ii) to indemnify the authorities to which that property is transferred by article 2 in respect of any liability of theirs to pay for the cost of such works.



Chris Patten

Secretary of State for the Environment

22nd September 1989




Notes:

[1] 1985 c. 51.

[2] S.I. 1989/255.

[3] 1897 c.lxviii (60 and 61 Vict).

[4] 1909 c.lxviii (9 Edw. 7).

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