Local Government Act 2019

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Transfer of rights and liabilities, and continuation of leases, licences and permissions

13. (1) (a) Subject to section 34 , all rights and liabilities of the county council subsisting immediately before the transfer day and arising by virtue of any contract or commitment (expressed or implied) shall, on that day, stand transferred to the city council in so far only as they relate to—

(i) the relevant area,

(ii) land vested in the city council under section 9 ,

(iii) property vested in the city council under subsection (1) of section 12 , or

(iv) the provision of a service that immediately before that day was provided in respect of the relevant area.

(b) Every right and liability transferred by paragraph (a) to the city council may, on and after the transfer day, be sued on, recovered or enforced by or against the city council in its own name, and it shall not be necessary for the city council or the county council to give notice to the person whose right or liability is transferred by that subsection of such transfer.

(c) Every lease, licence, wayleave or permission granted by the county council in relation to—

(i) land vested in the city council under section 9 , or

(ii) property vested in the city council under subsection (1) of section 12 ,

and in force immediately before the transfer day, shall continue in force as if granted by the city council.

(2) (a) Subject to section 34 , all rights and liabilities of the county council subsisting immediately before the expiration of the period referred to in subsection (1) of section 10 and arising by virtue of any contract or commitment (expressed or implied) shall, on the day referred to in subsection (2) of that section, stand transferred to the city council in so far only as they relate to land vested in the city council under the said subsection (2).

(b) Every right and liability transferred by paragraph (a) to the city council may, on and after the day referred to in subsection (2) of section 10 , be sued on, recovered or enforced by or against the city council in its own name, and it shall not be necessary for the city council, or the county council, to give notice to the person whose right or liability is transferred by that paragraph of such transfer.

(c) Every lease, licence, wayleave or permission granted by the county council in relation to land vested in the city council under subsection (2) of section 10 and in force immediately before the expiration of the period referred to in subsection (1) of that section, shall continue in force as if granted by the city council.

(3) (a) Subject to section 34 , all rights and liabilities of the county council subsisting immediately before a property vesting day and arising by virtue of any contract or commitment (expressed or implied) shall, on that property vesting day, stand transferred to the city council in so far only as they relate to property vested in the city council under subsection (4) of section 12 on that property vesting day.

(b) Every right and liability transferred by paragraph (a) to the city council may, on and after the property vesting day concerned, be sued on, recovered or enforced by or against the city council in its own name, and it shall not be necessary for the city council or the county council to give notice to the person whose right or liability is transferred by that subsection of such transfer.

(c) Every lease, licence, wayleave or permission granted by the county council in relation to property vested in the city council under subsection (4) of section 12 , and in force immediately before the property vesting day on which the property so vested, shall continue in force as if granted by the city council.

(4) In this section “commitment” includes security given in accordance with a condition to which paragraph (g) of subsection (4) of section 34 of the Act of 2000 applies.