Local Government Reform - Consultation on Policy Proposals

donated with clauses (e.g. buyback) limiting the ability for this
property to be passed on through sale or transfer.
10.11. The Department also proposes that there should be a mechanism
whereby interests in, or rights over, property could be clarified.
This would be undertaken through the issue of a certificate by the
department concerned. The transfer of assets and liabilities would
be effected by legislation and the issue of a certificate would only
be required in the event of, for example, an ownership challenge.
Question 46:
Do you agree that transfer schemes in relation to property
and assets of government departments transferring to the
new councils should provide for a continuing interest for the
department concerned?
Financial Arrangements
10.12. Current legislation applicable to local government provides that
councils may only incur expenditure for carrying out functions for
which they have responsibility. Prior to the reorganisation of local
government, there may however be a requirement for existing
councils to incur expenditure in relation to matters that would not
fall into this category, for example, expenditure in relation to
elections to their successor councils.
10.13. The Department therefore proposes that existing district councils
should be able to incur expenditure on behalf of their relevant
successor councils. For accounting purposes, it is proposed any
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