38Continuation or institution of proceedings by or against new councils

38 Continuation or institution of proceedings by or against new councils

38 Continuation or institution of proceedings by or against new councils

(1) Proceedings that were instituted by or against a former council before its dissolution, or that could have been instituted by or against a former council but for its dissolution, may be continued or instituted by or against the new council.

(2) For that purpose:

(a) proceedings instituted by or against the former council are taken to be proceedings instituted by or against the new council, and

(b) anything done by or in relation to the former council is taken to have been done by or in relation to the new council.

(3) If there are 2 or more new councils in relation to a former council (because the area of the former council is transferred to the areas of different councils):

(a) in the case of proceedings that relate to matters arising out of or connected with particular assets of the former council—the new council for the purposes of this clause is the new council to which those assets are transferred under this Proclamation, or

(b) in the case of proceedings that relate to other matters—the new council for the purposes of this clause is the new council to which responsibility for the matter is transferred under this Proclamation.

(4) In this clause:

proceedings means criminal proceedings, civil proceedings, civil penalty proceedings or other legal proceedings (including the issue of penalty notices for alleged offences and proceedings arising out of the issue of any such penalty notice).

cl 38: Ins 2016 (581), Sch 1.2 [10].