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Joint burial boards.
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230.—(1) In this section—
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“relevant local authority” means—
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(a) where 2 county councils contribute to the funding of the specified body, the county council in whose county the burial ground is situated,
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(b) where a county council and any other local authority so contribute, subject to paragraph (c), the county council in whose county the burial ground is situated,
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(c) where the county council and the other local authority concerned each declare by resolution passed within 6 months of the making of an order referred to in subsection (2) but before the transfer day that the said other local authority shall be the relevant local authority, such other local authority as is so declared;
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“specified body” means a joint burial board or a cemetery joint committee specified in an order made under this section.
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(2) (a) The Minister may by order fix a day (in this section referred to as the “transfer day”) in respect of a specified body upon which the body is dissolved and ceases to exist and the relevant local authority shall for all purposes become and be the successor of that specified body.
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(b) The transfer day fixed by order shall not be less than 6 months after the order is made.
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(3) With effect from the transfer day the following are transferred to the relevant local authority—
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(a) all land and other property (and all rights relating to such land and other property) held or enjoyed immediately before that day by the specified body,
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(b) all liabilities incurred before that day by the specified body which had not been discharged before that day,
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and, accordingly as and from that day without any further conveyance, transfer or assignment—
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(i) that property, real and personal, vests in the relevant local authority for all the estate, term or interest for which, immediately before that day, it was vested in the specified body, but subject to all trusts and equities affecting the property and capable of being performed,
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(ii) those rights are to be enjoyed by the relevant local authority, and
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(iii) those liabilities are liabilities of that authority.
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(4) All moneys and securities transferred to the relevant local authority by this section that, immediately before the transfer day are standing in the name of the specified body are to be transferred into its name upon request of the relevant local authority.
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(5) On or after the transfer day every right and liability transferred to the relevant local authority by this section may be sued on, recovered or enforced by or against the relevant local authority in its own name and it is not necessary for the authority to give notice of the transfer to the person whose right or liability is transferred by this section.
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(6) Every contract or agreement made between a specified body or any trustee or agent of the body acting on its behalf, and any other person, which is in force immediately before the transfer day continues in force on and after that day and shall—
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(a) be read and have effect as if the relevant local authority were substituted in the contract or agreement for the specified body or, as the case may be, its trustee or agent acting on its behalf, and
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(b) be enforceable against that relevant local authority.
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(7) Where, immediately before the transfer day, any legal proceedings are pending in any court or tribunal and the specified body or any trustee or agent of a specified body acting on its behalf, is a party to the proceedings, the name of the relevant authority shall be substituted in the proceedings for that of the specified body, or as the case may be, such trustee or agent of the specified body, and the proceedings shall not abate by reason of such substitution.
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