Citation and commencement

1.  This Order may be cited as the Liverpool Housing Action Trust (Dissolution) Order 2005 and shall come into force on 1st October 2005.

Interpretation

2.  In this Order—

“the 1981 Act” means the New Towns Act 1981(2);

“commencement date” means the date specified in article 1;

“the Commission” means the Commission for the New Towns(3);

“the dissolution date” means the date specified in article 6;

“relevant function” means a function which is exercisable by the Trust in connection with any of the property, rights or liabilities transferred by this Order;

“the Trust” means the Liverpool Housing Action Trust which was established by the Liverpool Housing Action Trust (Area and Constitution) Order 1993(4).

Transfer of property, rights, liabilities and functions to the Commission

3.—(1) Subject to paragraph (2), any property, rights and liabilities remaining vested in the Trust immediately before the commencement date, and any relevant function, shall be transferred to the Commission on that date.

(2) Paragraph (1) shall not apply in respect of any property, rights, liabilities or relevant functions which the Trust has notified in writing to the Commission, not less than 14 days before the commencement date, as those which it thinks necessary or expedient to retain for the purpose of preparing its final accounts and report and winding up its affairs.

(3) Any property, rights and liabilities remaining vested in the Trust immediately before the dissolution date, and any relevant function, shall be transferred to the Commission on that date.

Additional purposes of the Commission

4.—(1) The purposes for which the Commission exists, as mentioned in section 36(1) of the 1981 Act (functions of the Commission), shall also include—

(a)to take over and, with a view to its eventual disposal, to hold, manage and turn to account the property of the Trust transferred to the Commission by article 3, and

(b)as soon as it considers expedient to do so, to dispose of property so transferred, and

(c)to carry out any functions so transferred.

(2) In this article—

(a)any reference to property includes a reference to rights and liabilities; and

(b)in relation to liabilities, any reference to disposal includes a reference to extinguishment.

Restrictions on additional functions of the Commission

5.  Section 37 of the 1981 Act shall have effect as if any reference to section 36 included a reference to article 4.

Dissolution of the Trust

6.  The Trust shall be dissolved on 31st December 2005.

Revocation of Order

7.  The Liverpool Housing Action Trust (Area and Constitution) Order 1993 is revoked on the dissolution date.

Explanatory Note

(This note is not part of the Order)

This Order transfers to the Commission for the New Towns (“the Commission”) any property, rights and liabilities of the Liverpool Housing Action Trust (“the Trust”) on 1st October 2005, except those which the Trust has notified the Commission that it needs to retain for the purpose of preparing its final accounts and report and winding up its affairs. The Order transfers the remaining property, rights and liabilities of the Trust to the Commission on 31st December 2005 and dissolves the Trust on that date. Functions exercisable in connection with property, rights or liabilities are also transferred.

Article 4 of the Order confers additional purposes on the Commission to enable it to carry out any transferred functions and eventually dispose of any property, rights and liabilities transferred to it from the Trust.

Article 7 of the Order revokes the Liverpool Housing Action Trust (Area and Constitution) Order 1993 (S.I.1993/210) on 31st December 2005.