Section 10 - Local Government (Dissolution of New England County Council) Proclamation 2025 - Continuation or institution of proceedings by or against constituent councils

10Continuation or institution of proceedings by or against constituent councils

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10 Continuation or institution of proceedings by or against constituent councils

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

(2) For this section—

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

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

(3) For proceedings in relation to matters arising out of or connected with particular assets of the former county council, the appropriate constituent council is the council to which the assets are transferred under this proclamation.

(4) For proceedings in relation to matters other than the matters referred to in subsection (3), the appropriate constituent council is the council to which responsibility for the matter is transferred under this proclamation.

(5) In this section—

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 a penalty notice.