Local Government (Amendment) (No. 2) Act, 1934

Transfer of property of existing board.

11.—(1) Save as is otherwise provided by this section, all property whether real or personal (including choses-in-action) which immediately before the appointed day is vested in or belongs to or is held in trust for the existing board and all rights, powers, and privileges relating to or connected with any such property shall, on the appointed day and without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become and be vested in or the property of or held in trust for the council, for all the estate, term or interest for which the same immediately before the appointed day was vested in or belonged to or was held in trust for the existing board, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

(2) Any property, right, power, or privilege which becomes vested in or the property of or held in trust for the council under this section may, on or after the appointed day, be conveyed or transferred by the council by order under their seal to the board of public health or the board of health and public assistance (as the case may be) of a new district, and every such order shall operate as an effective conveyance or transfer of such property, right, power, or privilege, according to the terms of such order, but such order shall not require to be stamped as a conveyance or transfer of property.

(3) Where the existing board is a board of health and public assistance, this section shall not operate to convey or transfer to the council any property, right, power, or privilege used by the existing board in the performance of its functions for the relief of the poor, or vested in or held in trust by that board for use in such performance.

(4) If any doubt, dispute, or question shall arise whether any particular property, right, power or privilege is excluded by the next preceding sub-section of this section from the conveyance or transfer effected by this section, such doubt, dispute or question shall be decided by the Minister, whose decision thereon shall be final.