The West Northamptonshire Development Corporation (Transfer of Property, Rights and Liabilities) Order 2014

Publication Date:January 01, 2014
 
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2014No. 217

URBAN DEVELOPMENT, ENGLAND

The West Northamptonshire Development Corporation (Transfer of Property, Rights and Liabilities) Order 2014

4thFebruary2014

10thFebruary2014

27thMarch2014

The Secretary of State makes the following Order in exercise of the powers conferred by sections 165A(1) and (4); and 165B(1) and (4) of the Local Government, Planning and Land Act 1980( 1).

In accordance with sections 165A(3) and 165B(5) of that Act the Secretary of State has consulted Northamptonshire County Council, South Northamptonshire Council, Daventry District Council and Northampton Borough Council (being the local authorities in whose area the relevant urban development area is situated).

Citation, commencement and interpretation

1. (1) This Order may be cited as the West Northamptonshire Development Corporation (Transfer of Property, Rights and Liabilities) Order 2014 and shall come into force on 27th March 2014.

(2) In this Order-

"the Borough Council" means Northampton Borough Council;

"commencement date" means the date on which this Order comes into force;

"the Corporation" means the West Northamptonshire Development Corporation; and

"retained list" means the document "Property, rights and liabilities retained by the West Northamptonshire Development Corporation for the purposes of preparing its final accounts and report and winding up its affairs" dated 3rd February 2014, a copy of which has been deposited in the offices of the Secretary of State( 2).

Transfer of land

2. (1) The interests in land held by the Corporation which are specified in Columns 1 and 2 of Schedule 1 are transferred to the person specified in Column 3 of that Schedule.

(2) Any interest in land which is-

(a) held by the Corporation immediately before the commencement date, and(b) not transferred by virtue of paragraph (1),

is transferred to the Borough Council.

(3) Paragraph (2) does not apply to any interest in land specified in the retained list.

(4) A transfer of an interest in land under this article includes all rights and liabilities which the Corporation has in relation to that land.

(5) The rights and liabilities mentioned in paragraph (4) include (but are not limited to) any leases, tenancies, licences, agreements, planning agreements, infrastructure agreements, options to purchase, agreements for disposal, easements, wayleaves, development agreements, building contracts, appointments and encumbrances on title.

Transfer of contracts and agreements

3. (1) All rights and liabilities held by the Corporation under the contracts and agreements specified in Columns 1 to 3 of Schedule 2 are transferred to the person specified in Column 4 of that Schedule.

(2) Any rights and liabilities under contracts and agreements which are-

(a) held by the Corporation immediately before the commencement date, and(b) not transferred by virtue of paragraph 1 or article 2,

are transferred to the Borough Council.

(3) Paragraph (2) does not apply to any rights and liabilities which are-

(a) specified in the retained list; or(b) held by the Corporation in relation to a contract of employment or a pension scheme.

Transfer of remaining property, rights and liabilities to the Secretary of State

4. (1) All property, rights and liabilities which are-

(a) vested in the Corporation immediately before the commencement date, and(b) not transferred by virtue of article 2 or 3,

are transferred to the Secretary of State.

(2) Paragraph (1) does not apply to any property, rights and liabilities specified in the retained list.

(3) Any property, rights and liabilities remaining vested in the Corporation immediately before the dissolution date are transferred to the Secretary of State on that date.

(4) In this article "dissolution date" means the date on which the Corporation is dissolved by order under section 166(1)( 3) of the Local Government, Planning and Land Act 1980.

Further provision on transfers

5. A transfer under this Order operates in relation to property, rights and liabilities-

(a) whether or not they would otherwise be capable of being transferred;(b) without any instrument or formality being required; and(c) irrespective of any requirement for consent that would otherwise be required.

Signed by the Secretary of State for Communities and Local Government

Eric Pickles

Secretary of State

Department for Communities and Local Government

4th February 2014

SCHEDULE 1

Article 2

Land

Description of interest in land

Title number (if applicable)

Transferee

Freehold interest in land at St Peters Waterside, Northampton

NN318752

Northampton Borough Council

Freehold interest in land at South Bridge Road, Northampton

NN287263

Northampton Borough Council

Freehold interest in land on the east side of Cotton End, Northampton

NN319980

Northamptonshire County Council

Freehold interest in land on the west side of Nene Valley Way, Northampton

NN319981

Northamptonshire County Council

Freehold interest in land on the east side of Nene Valley Way, Northampton

NN319982

Northamptonshire County Council

Freehold interest in land on the west side of Houghton Land, Great Houghton, Northampton

NN319983

Northamptonshire County Council

Leasehold interest under a lease dated 9th July 1990 granted to Geismar (

UK) Limited in relation to land on part of former railway line, Northampton

N/A

Northamptonshire County Council

The interest in the compound licence entered into with Northamptonshire County Council on 24th June 2013 in relation to land at Black Lion Hill, Northampton

N/A

Northampton Borough Council

The interest in the licence entered into with the National Grid on 20th October 2013 in relation to land at Tanner Street

N/A

Northampton Borough Council

The interest referred to in the compound licence entered into with University of Northampton on 24th January 2014 in relation to land at St Peters Waterside

N/A

Northampton Borough Council

The interest referred to in the licence dated 20th January 2014 from Avon Cosmetics Limited to enable the Corporation to have access to the land in order to carry out highways works

N/A

Northampton Borough Council

SCHEDULE 2

Article 3

Contracts and agreements

Date of contract or agreement

Description

Other parties

Transferee

25th January 2013

Funding and freehold transfer agreement relating to Innovation Centre, St Peters Waterside

University of Northampton

Northampton Borough Council

15th November 2012

Asset Protection Agreement, St Peters Waterside

Anglian Water Services Limited

Northampton Borough Council

13th November 2012

Agreement relating to CPO, Avon Nunn Mills

Homes and Communities Agency

Northampton Borough Council

15th November 2012

Asset Protection Agreement, Avon Nunn Mills

Anglian Water Services Limited

Northampton Borough Council

22nd November 2012

Compromise Agreement, Avon Nunn Mills

Avon Cosmetics Limited, University of Northampton, George Wimpey East Midlands Limited and Persimmon Homes Limited

Northampton Borough Council

4th January 2013

Agreement relating to CPO at Avon Nunn Mills

Bisney Oriental Limited

Northampton Borough Council

19th November 2012

Agreement relating to CPO

Northampton Borough Council

Northampton Borough Council

6th March 2012

Funding agreement relating to Greyfriars Bus Station

Northampton Borough Council

Northampton Borough Council

16th May 2013

Implementation Agreement, Northampton Castle Station

Network Rail

Northamptonshire County Council

31st March 2011

Daventry iCon (Master Agreement) and related novation and deed of covenant

iCon East Midlands, University of Northampton, East...

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