Statutory Instrument 1988 No. 1747

The London Government Reorganisation (Mortgages) Order 1988

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© Crown Copyright 1988

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1988 No. 1747

LOCAL GOVERNMENT, ENGLAND AND WALES LONDON GOVERNMENT

The London Government Reorganisation (Mortgages) Order 1988

Whereas the London Residuary Body, acting pursuant to section 67(1)(a) of the Local Government Act 1985^[1], has submitted proposals to the Secretary of State for the transfer of certain functions, property, rights and liabilities (being functions, property, rights and liabilities of that Body which are likely to subsist for longer than the period of five years beginning with 1st April 1986) to the Council of the London borough of Richmond-upon-Thames:

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:

Citation, commencement and interpretation
    1.—(1)  This Order may be cited as the London Government Reorganisation (Mortgages) Order 1988, and shall come into force on 14th November 1988.

    (2)  In this Order —
"the Housing Act" means the Housing Act 1985^[2];
"the 1980 Act" means the Local Government, Planning and Land Act 1980^[3];
"equity-sharing agreement" means a lease granted in accordance with section 150 of the Housing Act (shared ownership leases) or an agreement to similar effect made by virtue of any consent given under section 32 of the Housing Act or by virtue of any enactment;
"further advance" means any sum advanced by Richmond pursuant to section 453 of, or Schedule 9 to, the Housing Act (right to further advances) in respect of —
 (a) any mortgage vested by article 2(1) of this Order; or
 (b) any mortgage of which they have taken a transfer in pursuance of section 442(2) of the Housing Act,
not being an advance which is repayable over a period which ends after the last day of the period over which the original advance was repayable;
"house" includes any yard, garden, outhouses or appurtenances belonging to the house or usually enjoyed with it, and any part of a building which is occupied or intended to be occupied as a separate dwelling including, in particular, a flat;
"housing advance" means money advanced pursuant to section 435 of the Housing Act or any other enactment, for any of the purposes mentioned in that section;
"local housing authority" means a district council, a London borough council or the Common Council of the City of London and references to "the local housing authority", in relation to any mortgage or right to a mortgage, are to the local housing authority in whose area the land to which the mortgage or right to a mortgage relates is situated;
"Richmond" means the Council of the London borough of Richmond-upon-Thames;
"the Residuary Body" means the London Residuary Body; and references to that Body shall, so far as the context permits, be construed as including references to any predecessor in title;
"Thamesmead" means the land vested in the Residuary Body in accordance with article 15 of the Local Government Reorganisation (Property etc.) Order 1986^[4];
"the transfer date" means 14th November 1988.

[1] 1985 c. 51. back

[2] 1985 c. 68;see also section 2(3) of the Housing (Consequential Provisions) Act 1985 (c. 71) as to references to corresponding earlier provisions. The Residuary Body is treated, by virtue of paragraph 22 of Schedule 13 to the Local Government Act 1985 as a local authority for the purposes of the provisions of the Housing Act mentioned in that paragraph; paragraph 22 was substituted by the Housing (Consquential Provisions) Act 1985, Schedule 2, paragraph 61. back

[3] 1980 c. 65. back

[4] S.I. 1986/148. back

Explanatory Note