Statutory Instrument 1995 No. 3068 (S.222)

The New Town (East Kilbride) (Transfer of Property, Rights and Liabilities) Order 1995

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1995 No. 3068 (S.222)

NEW TOWNS

The New Town (East Kilbride) (Transfer of Property, Rights and Liabilities) Order 1995

The Secretary of State, in exercise of the powers conferred on him by section 36D of the New Towns (Scotland) Act 1968^[1] 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 New Town (East Kilbride) (Transfer of Property, Rights and Liabilities) Order 1995 and shall come into force on 31st December 1995.

    (2)  In this Order—
"the council" means East Kilbride District Council being a council constituted in accordance with Part I of the Local Government (Scotland) Act 1973^[2];
"development corporation" means the East Kilbride Development Corporation established by the New Town (East Kilbride) Development Corporation Order 1947^[3];
"enactment" includes an order, regulation, rule or other instrument having effect by virtue of an Act;
"recorded GRS (Lanark)" means recorded in the Division of the General Register of Sasines for the County of Lanark.


    (3)  A reference in Part 1 of the Schedule to this Order to a "plan" followed by a number is a reference to the plan of that number annexed to the Schedule to this Order.

Transfer of property, rights and liabilities to the council
    2.—(1)  Subject to the provisions of this Order—
 (a) the heritable property specified in the Schedule to this Order, insofar as owned by the development corporation immediately before the day on which this Order comes into force; and
 (b) the development corporation's interest immediately before the day on which this Order comes into force in the standard securities, minutes of agreement, policies of assurance and other contracts and agreements specified in the Schedule to this Order,
shall, together with the development corporation's rights, liabilities and obligations pertaining thereto, transfer to and vest in the council at the beginning of the day on which this Order comes into force.

    (2)  For the purposes of paragraph (1) above, a reference to any liability or obligation specified in, or of a description specified in, or relating to any property or matter specified in, any part of the Schedule to this Order shall be deemed to include any liability or obligation of the development corporation subsisting immediately before the date on which this Order comes into force whether or not any relevant claim (within the meaning of section 9 of the Prescription and Limitation (Scotland) Act 1973^[4]) has been made in relation to the liability or obligation at any time before that date.

Incidental and supplementary provisions
    3.—(1)  Anything done or in the process of being done by or in relation to the development corporation for the purposes of or in connection with the property, rights and liabilities transferred by this Order shall on and after the date on which this Order comes into force be treated as having been done by or in relation to, or shall be continued by or in relation to, the council; and without prejudice to the foregoing generality—
 (a) any legal proceedings by or in relation to the development corporation for the purposes of or in connection with the said property, rights and liabilities may be continued by or in relation to the council; and accordingly references to the development corporation in any process or other document issued, prepared or employed for the purposes of any such proceedings before any court or other tribunal or authority shall be taken as referring to the council;
 (b) every contract or agreement whether written or not to which the development corporation is a party for the purposes of or in connection with the said property, rights and liabilities shall have effect in relation to such property, rights and liabilities, in respect of any time falling after the date of transfer, as if the council was the party thereto in place of the development corporation and as if for each reference therein to the development corporation there was substituted a reference to the council;
 (c) every deed, bond, instrument and document relating to the property, rights and liabilities of the development corporation which by this Order are transferred to the council shall have effect in relation to such property, rights and liabilities in respect of any time falling after the date of transfer, as if, where the development corporation is a party thereto the council was substituted as that party and as if for each reference therein to the development corporation there were substituted a reference to the council; and
 (d) every process, contract, agreement, deed, bond, instrument and document mentioned in sub-paragraphs (a) to (c) respectively of this paragraph shall be subject to the following additional modifications, so far as they are applicable—
 (i) as if for a reference (however worded and whether expressed or implied) to a member or members of the staff of the development corporation there were substituted, in respect of anything done or falling to be done or occurring after the date of transfer, a reference to a member or members of the staff of the council; and
 (ii) as if for a reference to the office or place of business of the development corporation there were substituted, in respect of any time falling after the date of transfer, a reference to the office or place of business of the council.

    (2)  The property, rights and liabilities to which this Order relates include property, rights and liabilities of the development corporation whether or not capable of being transferred or assigned by the development corporation.

    (3)  For all purposes connected with, or arising subsequent to, a transfer to the council of any property, rights or liabilities to which this Order relates, the council is to be treated in respect of the property, rights and liabilities so transferred as the same person in law as the development corporation.

    (4)  Nothing in article 2 above or in the foregoing provisions of this article shall have the effect of completing the title of the council to any land transferred by virtue of this Order, but this is without prejudice to the provisions of section 36D(4) of the New Towns (Scotland) Act 1968.

George Kynoch

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

27th November 1995

[1] 1968 c. 16; section 36D was inserted by the Enterprise and New Towns (Scotland) Act 1990 (c. 35), section 33. back

[2] 1973 c. 65. back

[3] S.R. & O. 1947/1758. back

[4] 1973 c. 52; section 9 was amended by the Prescription and Limitation (Scotland) Act 1984 (c. 45), Schedule 1, paragraph 3; by the Bankruptcy (Scotland) Act 1985 (c. 66), Schedule 7, paragraph 11; and by the Prescription (Scotland) Act 1987 (c. 36), section 1. back

Explanatory Note