The Local Government Area Changes Regulations 1976

Adaptation of certain agreements between Secretaries of State and local authorities

6.—(1) This paragraph applies to agreements made under section 10(1) and (4) of the Highways Act 1959, section 30(1) and (4) of the Local Government Act 1966 and section 27(1) and (3) of the Highways Act 1971 made before the appointed day between the Secretary of State for the Environment or the Secretary of State for Wales and a council described in column (1) of the following table and in force at the appointed day.

(2) Where the matter to which the agreement applies is situated in a single transferred area, an agreement made between a Secretary of State and a council described in column (1) of the said table shall on and after the appointed day have effect as an agreement made between the Secretary of State and the authority specified in respect of the said council in column (2) to whose area the transferred area is transferred and as if for references therein to the said council there were substituted references to such authority, and any rights or liabilities of the said council under any such agreement which immediately before the appointed day are subsisting against or, as the case may be, are enforceable by, the Secretary of State shall on and after the appointed day be rights and liabilities of such authority.

(3) Where the matter to which the agreement applies is not so situated, an agreement made between a Secretary of State and a council described in column (1) of the said table shall have effect as separate agreements between the Secretary of State and—

(a)if the matter remains in part situated in the area of the said council, that council, and

(b)the councils specified in respect of the said council in column (2) in whose areas parts of the matter are situated,

each such agreement referring to the authority described in (a) or (b) and relating to so much of the matter as is situated in the area of such authority, and any rights or liabilities of the council described in column (1) under the agreement as in force at the appointed day shall be divided between the said authorities in a manner which has regard to the nature of such rights and liabilities and also to the extent of the matter in the area of each such authority.

(4) Where any action, measure or procedure has been begun before the appointed day by the council described in column (1) of the said table in pursuance of an agreement to which sub-paragraph (2) or (3) applies but has not been completed at the appointed day, that action, measure or procedure may be continued and completed by the authority or authorities specified in sub-paragraph (2) or (3), and any notice given or published and any other document made or issued by or to the said council before the appointed day for the purpose of, or in connection with, that action, measure or procedure shall have effect on and after that day as if for references therein to the said council there were substituted references to such authority or authorities.