Statutory Instrument 1988 No. 1590

      The Tyne and Wear Residuary Body (Winding Up) Order 1988


      © Crown Copyright 1988

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STATUTORY INSTRUMENTS

1988 No. 1590

LOCAL GOVERNMENT, ENGLAND AND WALES

The Tyne and Wear Residuary Body (Winding Up) Order 1988

Made 13th September 1988
Laid before Parliament 19th September 1988
Coming into force 10th October 1988

    Whereas the Tyne and Wear 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 those proposals:
    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 Tyne and Wear Residuary Body (Winding Up) Order 1988 and shall come into force on 10th October 1988.

        (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 Tyne and Wear County Council;
      "the Residuary Body" means the Tyne and Wear Residuary Body;
      "the local council" means the council of a district in the county and in relation to property means the council of the district in which the property is situated;
      "the county" means the county of Tyne and Wear;
      "property", except in article 10(2), does not include cash or the balance of any fund or account;
      "South Tyneside" means the council of the district of South Tyneside; and
      "the transfer date" means 11th October 1988.


        (3)  For the purpose of any provision of this Order, other than article 5, 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.



Notes:

[1] 1985 c. 51. back

[2] 1980 c. 65. back

 

Explanatory Note


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© Crown copyright 1988
Prepared 20th September 2000