The Local Government Area Changes Regulations 1976

General provision as to disputes

84.—(1) Any question as to the interpretation of these regulations (other than regulation 24) or of the order may be determined by the decision of a person agreed on by the authorities concerned or in default of agreement appointed by the Secretary of State.

(2) Where a determination required by any provision in Part II of Schedule 6 has not been made by the transferor authority before the appointed day notice that a question exists may be given within the 12 months following the appointed day by any authority concerned.

(3) Where—

(a)at the appointed day—

(i)notice has been given by any authority under any provision in Part II of Schedule 6; or

(ii)notice has been given by any authority that the interpretation of any provision made by paragraphs (2) or (3) of regulation 62 is in dispute;

and the question has not been determined; or

(b)thereafter, but within the 12 months following the appointed day—

(i)notice is given by any authority under any provision in Part II of Schedule 6;

(ii)notice is so given under paragraph (2); or

(iii)notice is so given that the interpretation of any provision made by paragraphs (2) or (3) of regulation 62 is in dispute,

then from the appointed day or from the later day on which the notice is given, as the case may be—

(k)paragraph (2) of regulation 62 shall cease to have effect in relation to the property;

(l)where the transferor authority is dissolved by the order, paragraph (3) of that regulation shall apply to the property and to any liabilities incurred, contracts, deeds, bonds, agreements and other instruments subsisting, notices given, actions and proceedings pending and causes of action or proceeding existing in relation thereto, as temporary provision pending the determination of the question:

Provided that the authorities concerned may by instrument in writing agree that any authority may in such application be substituted for the residuary successor of the dissolved authority;

(m)where notice has been given under paragraph (2), the question shall be determined by agreement between the authorities concerned or failing such agreement by the decision of a person agreed on by such authorities or in default of agreement appointed by the Secretary of State; and

(n)on the determination of the question whether under (m) or otherwise—

(x)the determination shall specify the authority to whom the property is to be transferred; and

(y)if paragraph (3) of regulation 62 has been applied by (l) it shall cease to have effect; and

(z)the property shall by virtue of the determination be transferred to and vest in the authority specified in the determination, and the provisions of these regulations which would have applied to the property if the transfer had been effected by paragraph (2) of regulation 62 shall apply to it.

(4) Any reference in any provision of these regulations for the decision of any question by a person shall be construed as including a reference to three persons.

(5) Section 31 of the Arbitration Act 1950 shall have effect for the purposes of the determination of any question by any person or persons under any provision of these regulations as if such determination were an arbitration under any other Act within the meaning of that section.