The Barnsley and Sheffield (Boundary Change) Order 2024
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Change 1
6 Transfer of property, rights and liabilities
(1) Subject to paragraph (3), all property, rights and liabilities of the transferor authority in respect of the transferred area vest in, and transfer to, the transferee authority on the transfer date. (2) For the purposes of this article, property, rights and liabilities of the transferor authority are to be treated as property, rights and liabilities in respect of the transferred area if— (a) in the case of land, it is situated in, or held exclusively for the purposes of, or in connection with, the exercise of functions in, or in relation to, the transferred area; (b) in the case of rights or liabilities, they are rights or liabilities acquired, accrued or incurred exclusively in respect of the transferred area. (3) Paragraphs (4) and (5) apply to— (a) any property held by the transferor authority, as sole trustee, exclusively for charitable purposes (“charitable property”); (b) any rights or liabilities of the transferor authority in respect of charitable property. (4) Where charitable property is held by the transferor authority for the benefit of— (a) a specified area, the whole or greater part of which is situated within the transferred area; (b) the inhabitants of that specified area; or (c) any particular class or body of persons in that specified area, that charitable property and any rights or liabilities of the transferor authority in respect of that charitable property vest (on the same trusts) in, and transfer to, the transferee authority on the transfer date. (5) Charitable property which is not vested in the transferee authority in accordance with paragraph (4), and any rights or liabilities of the transferor authority in respect of that charitable property, shall continue to be held by or, as the case may be, continue to be rights or liabilities of the transferor authority. (6) In this article, “trusts” has the same meaning as in the Charities Act 2011. (7) This article also applies to all property, rights and liabilities of the Wortley Parish Council in respect of the transferred area as if references in this article to “transferor authority” and “transferee authority” were references to Wortley Parish Council and Bradfield Parish Council respectively.
6 Transfer of property, rights and liabilities
(1) Subject to paragraph (3), all property, rights and liabilities of the transferor authority in respect of the transferred area vest in, and transfer to, the transferee authority on the transfer date. (2) For the purposes of this article, property, rights and liabilities of the transferor authority are to be treated as property, rights and liabilities in respect of the transferred area if— (a) in the case of land, it is situated in, or held exclusively for the purposes of, or in connection with, the exercise of functions in, or in relation to, the transferred area; (b) in the case of rights or liabilities, they are rights or liabilities acquired, accrued or incurred exclusively in respect of the transferred area. (3) Paragraphs (4) and (5) apply to— (a) any property held by the transferor authority, as sole trustee, exclusively for charitable purposes (“charitable property”); (b) any rights or liabilities of the transferor authority in respect of charitable property. (4) Where charitable property is held by the transferor authority for the benefit of— (a) a specified area, the whole or greater part of which is situated within the transferred area; (b) the inhabitants of that specified area; or (c) any particular class or body of persons in that specified area, that charitable property and any rights or liabilities of the transferor authority in respect of that charitable property vest (on the same trusts) in, and transfer to, the transferee authority on the transfer date. (5) Charitable property which is not vested in the transferee authority in accordance with paragraph (4), and any rights or liabilities of the transferor authority in respect of that charitable property, shall continue to be held by or, as the case may be, continue to be rights or liabilities of the transferor authority. (6) In this article, “trusts” has the same meaning as in the Charities Act 2011. (7) This article also applies to all property, rights and liabilities of the Wortley Parish Council in respect of the transferred area as if references in this article to “transferor authority” and “transferee authority” were references to Wortley Parish Council and Bradfield Parish Council respectively.
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