9Provisions relating to transfers of assets, rights and liabilities

9 Provisions relating to transfers of assets, rights and liabilities

9 Provisions relating to transfers of assets, rights and liabilities

(1) When assets, rights or liabilities are transferred in accordance with this proclamation from the former county council to a constituent council, the following provisions have effect—

(a) the assets of the former county council vest in the constituent council because of this section and without the need for further conveyance, transfer, assignment or assurance,

(b) the rights or liabilities of the former county council become, because of this section, the rights or liabilities of the constituent council,

(c) an act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in relation to the former county council is, to the extent the act, matter or thing has force or effect, taken to have been done or omitted by, to or in relation to the constituent council,

(d) the constituent council has all the entitlements and obligations of the former county council in relation to the assets, rights and liabilities that the former county council would have had but for the transfer, whether or not the entitlements and obligations were actual or potential at the time of the transfer.

(2) The operation of this section must not be regarded as—

(a) a breach of contract or confidence or otherwise as a civil wrong, or

(b) a breach of a contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

(c) giving rise to a remedy by a party to an instrument, or causing or permitting the termination of an instrument, because of a change in the beneficial or legal ownership of an asset, right or liability, or

(d) an event of default under a contract or other instrument.

(3) The Minister may, by written notice, confirm a transfer of particular assets, rights or liabilities.

(4) A notice given by the Minister under subsection (3) is conclusive evidence of the transfer.

(5) No attornment to the transferee by a lessee from the former county council is required.