The London Authorities (Transfer of Housing Estates etc.) Order 1973

PART ITITLE, COMMENCEMENT, INTERPRETATION AND APPLICATION

Citation and commencement

1.  This order may be cited as the London Authorities (Transfer of Housing Estates etc.) Order 1973, and shall come into operation on 31st March 1973.

2.—(1) The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.

(2) In this order—

“the deposited Schedules” means the two Schedules entitled respectively “Properties transferred by article 4 of the London Authorities (Transfer of Housing Estates etc.) Order 1973 (Schedule 1)” (in this order referred to as “Schedule 1 of the deposited Schedules”) and “Properties transferred by article 4 of the London Authorities (Transfer of Housing Estates etc.) Order 1973 (Schedule 2)” (in this order referred to as “Schedule 2 of the deposited Schedules”), each prepared in duplicate and singed by an Assistant Secretary in the Department of the Environment and as to which further provision is made in article 4(2);

“Officer” includes the holder of any place, situation or employment;

“relevant date” means the date indicated in the deposited Schedules in respect of each estate or part of estate, being a date not later than 31st March 1974, on which the properties in that estate or part of estate are by article 4 transferred to a transferee authority;

“the Secretary of State” means the Secretary of State for the Environment; and

“transferee authority”, in relation to housing accommodation transferred by article 4, means the London borough council to whom that accommodation is so transferred.

(3) In this order, unless the context otherwise requires—

(a)references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment or by this order, and

(b)references to the Local Government Superannuation Act 1937 shall, additionally, be construed as references thereto as having effect by virtue of paragraph 5(1) of Schedule 7 to the Superannuation Act 1972.

(4) Any reference in this order to a numbered article shall, unless the reference is to an article of a specified order, be construed as a reference to the article bearing that number in this order.

(5) Any reference in any article of this order to a numbered paragraph shall, unless the reference is to a paragraph of a specified article, be construed as a reference to the paragraph bearing that number in the first-mentioned article.

Application

3.—(1) Part II of this order shall apply in relation to property described in either of the deposited Schedules.

(2) Part III of this order shall apply in relation to the property described in Schedule 1 of the deposited Schedules.

(3) Part IV of this order shall apply in relation to the property described in Schedule 2 of the deposited Schedules.

PART IIPROVISIONS RELATING TO TRANSFERRED PROPERTY GENERALLY

Transfer of property

4.—(1) On the relevant date any property described in any Part of the deposited Schedules and all liabilities (other than those liabilities described in article 20(3) of and Part III of Schedules 1 and 2 to this order) attaching to the Greater London Council in respect of any such property shall by virtue of this order be transferred to and vest in or attach to the authority named in the description of such Part, and—

(a)all contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given (or having effect as if they had been given) by, or to, the Greater London Council in respect of such property and liabilities shall be of full force and effect in favour of, or against, the authority named as aforesaid; and

(b)any action or proceeding or any cuase of action or proceeding, pending or existing at the relevant date, by, or against, the Greater London Council in respect of such property and liabilities shall not be prejudicially affected by reason of this order, and may be continued, prosecuted and enforced by, or against, the authority named as aforesaid.

(2) One duplicate of each of the deposited Schedules is deposited in the offices of the Secretary of State and the other in the offices of the Greater London Council. Copies of the deposited Schedules have been deposited Schedules have been deposited with the transferee authorities and shall be open to inspection at all reasonable times.

5.  Any property or liability transferred by article 4 to the authority for any area shall be held or discharged by them in respect of the area.

6.  Any byelaws in force for the regulation of any property transferred by article 4 shall have effect as if they had been made by the authority to whom such property is transferred.

7.  Any legal proceedings pending at the relevant date may be amended in such manner as may be necessary or proper in consequence of this order.

8.  Where under this order or any adjustment made in consequence hereof any liability or part of a liability charged indifferently on all the revenues of a public body or on any particular revenues or fund of such body is transferred to another public body, the liability or part of the liability shall be charged indifferently on all the revenues of the public body to whom it is transferred and shall cease to be a charge on any revenues or fund of the public body from whom it is transferred.

In this article “public body” and “revenues” have the same meanings as in the Local Government Act 1933.

Covenants affecting property

9.  Unless the Greater London Council and the transferee authority otherwise agree, section 62 of the Law of Property Act 1925 (which implies certain words in conveyances of land, subject to the terms of the conveyance and the provisions therein contained) shall have effect—

(a)in respect of any property transferred by article 4; and

(b)in respect of any property, being property vested in the Greater London Council, which is affected by the said transfer,

as if the property described in (a) and (b) respectively had been the subject of a conveyance on the relevant date.

10.—(1) This article applies to any land within the extent of an area of housing accommodation transferred by article 4, being land in respect of which the Greater London Council have powers under section 151 of the Housing Act 1957 to enforce covenants entered into on the sale or exchange of land.

(2) In respect of any land to which this article applies—

(a)the Greater London Council shall consult with the transferee authority before exercising their powers under the said section 151;

(b)the transferee authority may require the Greater London Council to exercise the said powers in any case where such exercise is requisite in the interests of the area of housing accommodation within the extent of which the land is situated.

(3) The Greater London Council shall notify the transferee authority of any land to which this article applies and provide sufficient particulars of the covenants to which the said section 151 relates.

11.  Any covenant (not being a covenant affected by article 9) which would be enforceable by the Greater London Council immediately before the relevant date in respect of land within the extent of an area of housing accommodation transferred by article 4, being land which was sold or exchanged by the Greater London Council or by the London Country Council and, immediately before such sale or exchange, was held by them for the purposes of the Housing Act 1957 or of any Act re-enacted by that Act, shall be of full force and effect in favour of the transferee authority.

Rent books

12.  Until a new rent book is issued by a transferee authority in respect of any housing accommodation transferred by article 4, notification to the tenant of the said accommodation of that transfer shall be deemed to be a compliance by the said authority as landlord with the requirements of section 2(1)(a) of the Landlord and Tenant Act 1962.

Arbitration

13.  Subject to any provision of this order, any dispute arising under this order or in consequence thereof shall be determined by an arbitrator appointed by agreement between the parties in dispute or, in default of agreement, by the Secretary of State and, subject as aforesaid, the provisions of the Arbitration Act 1950 shall apply to any arbitration under this article.

PART IIIPROVISIONS RELATING TO PROPERTY DESCRIBED IN SCHEDULE 1 OF THE DEPOSITED SCHEDULES

Terms of transfer of housing accommodation

14.—(1) A transferee authority shall make payments to the Greater London Council in accordance with the provisions of Part I of Schedule 1 to this order.

(2) The Greater London Council shall pay to a transferee authority sums calculated in accordance with the provisions of Part II of the said Schedule.

(3) The Greater London Council shall discharge the liabilities described in Part III of the said Schedule.

15.  Nothing in article 4(1) shall affect any grant or subsidy receivable by the Greater London Council.

Nomination rights

16.—(1) Until 1st April 1983 the Greater London Council may, without payment, nominate tenants to such proportion of the vacancies in the dwellings transferred by article 4 to a transferee authority, not exceeding 65 per centum of such vacancies, as they may determine from time to time.

(2) Without prejudice to paragraph (1), the Greater London Council may agree with a transferee authority, before 1st April 1983 in respect of nominations in excess of the said 65 per centum, or after that date as to any nominations, and any such agreement may include such terms (whether as to payment or otherwise) as may be agreed between the parties or, in default of agreement, as may be determined by the Secretary of State or by an arbitrator appointed by him.

(3) Nothing in this article shall affect any agreement as to nominations subsisting between the Greater London Council and a London borough council at the coming into operation of this order.

Notices to be given

17.  To enable the Greater London Council to provide the Secretary of State with such information as he may require from time to time in order to determine any question relating to a grant or subsidy or the amount thereof, a transferee authority shall notify the Greater London Council of any action taken in respect of any housing accommodation transferred by article 4, being such action as may affect the payment of such a grant of subsidy or the amount thereof.

18.—(1) This article applies to the financial year ending on 31st March 1974.

(2) Where the Greater London Council—

(a)have, as from 1st April or any later date in the said year, applied a general increase to the rents payable on housing accommodation provided by them; or

(b)have resolved to apply (whether or not they have authority to apply) any such general increase as from 31st March 1974, or any earlier date,

they shall give notice to that effect to each transferee authority not later than 31st December in the said year.

(3) A notice given under paragraph (2) shall include sufficient details of how the increase would have applied to the housing accommodation transferred by article 4 to the transferee authority concerned if the transfer had not been effected.

(4) The Greater London Council shall provided to each transferee authority sufficient information from time to time of the cost and functioning of any rent rebate scheme operated by them.

PART IVPROVISIONS RELATING TO PROPERTY DESCRIBED IN SCHEDULE 2 OF THE DEPOSITED SCHEDULES

Terms of transfer of housing accommodation

19.—(1) A transferee authority shall make payments to the Greater London Council in accordance with the provisions of Part I of Schedule 2 to this order.

(2) The Greater London Council shall pay to a transferee authority sums calculated in accordance with the provisions of Part II of the said Schedule.

(3) The Greater London Council shall discharge the liabilities described in Part III of the said Schedule.

20.—(1) In respect of those properties described in paragraphs 1(a) of the Parts of Schedule 2 of the deposited Schedules liability for any payments under the terms of a contract (other than in respect of works of repair or minor improvement) incurred before the relevant date and which, but for the transfer of the estate by article 4, would have fallen to be met by the Greater London Council on or after the relevant date, shall be met by the transferee authority.

(2) In respect of those properties described in paragraphs 1(b) of the Parts of Schedule 2 of the deposited Schedules liability for any payments (other than in respect of works of repair or minor improvement) falling to be met by the Greater London Council after the payment of the capital sum or sums referred to in paragraph 2 of Part I of Schedule 2 to this order, shall be met by the transferee authority, and such payments shall include any loss or expense incurred by the Greater London Council which has been occasioned by—

(a)the bankruptcy of a contractor, the making of a composition or arrangement with the creditors of such contractor, the making of a winding up order in respect of the contractor's business or undertaking, the passing of a resolution for voluntary winding up such business or undertaking or the appointment of a receiver or manager of such business or undertaking; or

(b)the determination by the transferee authority of the employment of a contractor; or

(c)the requirement by an architect or other nominated person, whether or not at the request of the transferee authority, of any alternation or modification of the design, quality or quantity of any work of construction.

(3) Notwithstanding the ultimate liability of the Greater London Council or the transferee authority, as the case may be, in consequence of the transfer of properties by article 4, to meet payments to a contractor under the terms of a contract where on or after the relevant date payments fall due, such payments shall be made in the first instance by the Greater London Council.

Functions of appointed architect

21.  Where on the date of its transfer by article 4 an estate or part of an estate, the main contractor for which is a private contractor, has not been completed or the defects liability period has not expired, the architect specified in the contract for the construction of such estate or part of an estate is to retain his functions under the contract notwithstanding that the contract is of full force and effect in favour of the transferee authority.

Nomination rights

22.—(1) The Greater London Council may nominate tenants to 100 per centum of the first lettings and of the vacancies occurring in the properties transferred by article 4 until the expiration of fifteen years from the relevant date or such other percentage or such earlier dates, as the case may be, as the Greater London Council may determine from time to time.

(2) Without prejudice to paragraph (1), the Greater London Council shall agree with a transferee authority before 31st March 1974 terms (whether as to payment or otherwise) in respect of the nomination of tenants to the dwellings transferred.

(3) In default of agreement under paragraph (2) between the Greater London Council and a transferee authority, the Secretary of State or an arbitrator appointed by him may determine what terms should be included in the arrangement.

(4) Nothing in this article shall affect any agreement as to nominations subsisting between the Greater London Council and a London borough council at the coming into operation of this order.

Transfer of staff

23.—(1) Any officer of the Greater London Council described in Schedule 3 to this order shall, on the relevant date, be transferred to the employment of the transferee authority.

(2) In Schedule 3, references to employment are references to such employment on the day preceding the relevant date.

24.—(1) Where, immediately before the relevant date, any officer has not taken up the duties of his employment he shall be deemed, in the application of article 23, to be discharging such duties, and to be employed in connection with the area of housing accommodation at which he would be employed if he had taken up such duties.

(2) Where any officer is, immediately before the relevant date, absent from his normal duties for the purpose of undergoing training, article 23 shall apply—

(i)if it was part of the arrangements under which he is so absent that at the completion of such training he should be employed in a place, situation or employment different from the place, situation or employment which he occupied prior to the commencement of the training, as if he was, immediately before the relevant date, occupying such different place, situation or employment;

(ii)otherwise, as if he was, immediately before the relevant date, occupying the place, situation or employment which he occupied immediately prior to the commencement of such training.

(3) Where any officer is, immediately before the relevant date, absent from his normal duties otherwise than for the purpose of undergoing training he shall be deemed, in the application of article 23, to be discharging such duties, and to be discharging them in connection with the area of housing accommodation at which he normally discharges them.

25.—(1) Any question whether an officer is employed in the manner described in article 23 shall be determined by a tribunal established under section 12 of the Industrial Training Act 1964. References to such tribunal may be made as soon as may be and in any case not later than the day preceding the relevant date.

(2) Where any question that an officer is not, or is, employed in the manner described as aforesaid is outstanding on the relevant date the officer shall not be transferred until the expiration of the second week following that in which the decision of the tribunal is notified.

Officers appointed before the relevant date

26.  Where a transferee authority, before the relevant date, with the consent of the Greater London Council, appoint to hold any place, situation or employment before or as from that day any person (hereinafter referred to as “the officer”) who, but for that appointment, would fall within a description of officers in Schedule 3 to this order, the officer in that appointment shall be deemed to have been transferred by article 23.

Saving for certain staff

27.  Subject to article 26, nothing in article 23 applies—

(a)to any person who will, by virtue of any agreement, entered into between him and any authority before the relevant date, enter into the employment of that authority on that date; or

(b)to any person as regards any employment which is to be terminated on the day preceding the relevant date.

Secondary transfers

28.  Any officer transferred by article 23 to a transferee authority may, before the expiration of three months from and including the relevant date, be transferred by the said authority with the agreement of any other such authority and of the officer to the employment of that authority, and this order shall continue to apply to him.

Protection of staff

29.—(1) (a) Every officer transferred (or deemed to have been transferred) by article 23 or 24 to the employment of a transferee authority shall, so long as he continues in that employment by virtue of the transfer or appointment and until he is served with a statement in writing of new terms and conditions of employment, enjoy terms and conditions of employment not less favourable than those he enjoyed immediately before the relevant date. The said new terms and conditions shall be such that—

(i)so long as the officer is engaged in duties reasonably comparable to those in which he was engaged immediately before the relevant date, the scale of his salary or remuneration, and

(ii)the other terms and conditions of his employment,

are not less favourable than those he enjoyed immediately before the relevant date, and any question whether duties are reasonable comparable as aforesaid shall be determined by a tribunal established under section 12 of the Industrial Training Act 1964. The statement of new terms and conditions shall contain information that any question shall be so determined and as to the person and address to whom any question should be referred.

(b)A statement of new terms and conditions of employment shall not be served in respect of any officer in relation to whom a question has been referred under article 25(1) until the decision of the tribunal has been notified.

(c)If after service of a statement of new terms and conditions of employment upon him a question is referred in respect of an officer under article 25(1), the statement shall cease to have effect, sub-paragraph (a) of this paragraph shall have effect as if the statement had not been served, and to newel statement shall be served until the decision on the question has been notified.

(2) A written statement given in accordance with section 4(1) of the Contracts of Employment Act 1972 shall not be regarded as a statement of new terms and conditions of employment for the purposes of paragraph (1) unless the statement so indicates.

Saving for dispensations

30.  Any dispensation from the requirements of any regulation granted to the Greater London Council shall have effect, in relation to any officer transferred (or deemed to have been transferred) by article 23 or 24, as if it had been granted to the authority to whose employment he has been transferred (or is deemed to have been transferred).

Saving for extensions of service

31.  Any extension of service under section 7(1) of the Local Government Superannuation Act 1937 effective on the relevant date in relation to an officer transferred (or deemed to have been transferred) by article 23 or 24 shall continue to have effect as if it had been made by the authority to whose employment he has been transferred (or is deemed to have been transferred).

Appointment of assessor

32.  On any reference under article 25(1) or 29(1) the tribunal may, if they think fit, appoint a person having special knowledge or experience in relation to the subject matter of the reference to sit with them as assessor.

Superannuation

33.—(1) Where an officer who, immediately before his transfer (or deemed transfer) to an authority by article 23 or 24—

(a)was subject to an election in consequence of which he did not participate in the benefits of the superannuation fund maintained by the Greater London Council under Part I of the Local Government Superannuation Act 1937; and

(b)had an expectation of a gratuity payable according to years of service,

that election shall remain in effect and such a gratuity shall, subject to terms and conditions which are not less beneficial, be payable by that authority in respect of his previous service and of any service rendered to that authority.

(2) Section 35 of the Local Government Superannuation Act 1937 shall apply to an expectation under this article as it applies to a right under that Act.

Protection of housing accommodation

34.  Where, immediately before the relevant date, an officer of the Greater London Council occupied a dwelling (whether as a tenant or otherwise) provided by that Council in connection with, or as a term of, his employment and he is not transferred (or deemed to have been transferred) but the dwelling is transferred by article 4, nothing in this order shall prejudice that occupation and for the purposes of that occupation the authority in whom the dwelling is vested shall permit the authority by whom the officer is employed to deal with the dwelling as if it was vested in that authority, and that authority shall make any necessary payment to the authority in whom the dwelling is vested to take account of the occupation of the dwelling by the officer.