Transitional and consequential provision
Mr Secretary Prescott
NC24
To move the following Clause:—
'.—(1) A Minister of the Crown may by order make such incidental, consequential, transitional or supplementary provision as appears to him to be necessary or expedient—
(a) for the general purposes, or any particular purposes, of this Act;
(b) in consequence of, or otherwise in connection with, any provision made by or under this Act;
(c) for giving full effect to this Act; or
(d) in consequence of such of the provisions of any other Act passed—
(i) before the relevant day, within the meaning of section 299 above, or
(ii) in the Session in which that day falls,
as apply to any area, or any body or person, affected by this Act.
(2) The provision that may be made by an order under this section includes provision—
(a) for requiring or enabling any body or person by whom any powers will, on a date specified by or under this Act, become exercisable by virtue of any provision made by or under this Act to take before that date any steps which are necessary or expedient as a preliminary to the exercise of those powers;
(b) for the making, before any date specified by or under this Act, of arrangements for securing the satisfactory operation on or after that date of any provision made by or under this Act and for defraying the cost of any such arrangements;
(c) for authorising or requiring the exercise by or in relation to any body or person before a date specified by or under this Act, and whether with or without modifications, of any functions under or by virtue of this Act which will become exercisable on or after that date by or in relation to other bodies or persons, and for defraying any costs incurred in connection with any such exercise;
(d) for requiring any body or person by whom any powers are exercisable before a date specified by or under this Act to refrain from exercising those powers on or after that date or to refrain from exercising them as respects a period beginning on or after that date.'.
Transfers of property, rights or liabilities
Mr Secretary Prescott
NC25
To move the following Clause:—
'.—(1) A Minister of the Crown may by order make provision for or in connection with the transfer to any body or person falling within subsection (2) below of such property, rights or liabilities of a body or person falling within subsection (3) below as he may consider appropriate.
(2) The bodies and persons falling within this subsection are—
(c) any subsidiary of Transport for London;
(d) any local authority or the Corporation of London;
(e) any police authority established under section 3 of the Police Act 1996;
(f) the London Transport Users' Committee;
(g) any body or person, or the holder of any office, established by or under this Act and not falling within the preceding paragraphs of this subsection.
(3) The bodies and persons falling within this subsection are—
(a) any Minister of the Crown or government department;
(b) any London borough council or the Corporation of London;
(c) London Regional Transport or any subsidiary of London Regional Transport;
(d) the Receiver for the Metropolitan Police District;
(e) the Commissioner of Police of the Metropolis;
(f) the Development Commission;
(g) the Urban Regeneration Agency;
(h) any body or person, or the holder of any office, for whose abolition or dissolution provision is made by or under this Act and which does not fall within the preceding paragraphs of this subsection.
(4) The power conferred by subsection (1) above is exercisable—
(a) for the general purposes, or any particular purposes, of this Act;
(b) in consequence of, or otherwise in connection with, any provision made by or under this Act;
(c) for giving full effect to this Act; or
(d) in consequence of such of the provisions of any other Act passed—
(i) before the relevant day, within the meaning of section 299 above, or
(ii) in the Session in which that day falls,
as apply to any area, or any body or person, affected by this Act.
(5) The power conferred by subsection (1) above is also exercisable in relation to a transfer of property, rights or liabilities to the London Development Agency for any purpose for which such a transfer may be made by a scheme under the Regional Development Agencies Act 1998.
(6) An order under subsection (1) above may make provision for or in connection with the creation of rights or liabilities.'.
Transfer schemes
Mr Secretary Prescott
NC26
To move the following Clause:—
'.—(1) A Minister of the Crown may make schemes for the transfer from the Crown to one or more bodies or persons falling within subsection (2) of section (Transfers of property, rights or liabilities) above of such property, rights or liabilities as he may consider appropriate.
(2) A Minister of the Crown may by directions require a body or person falling within subsection (3) of section (Transfers of property, rights or liabilities) above to make one or more schemes for the transfer to a body or person falling within subsection (2) of that section of such property, rights or liabilities as he may consider appropriate.
(3) The powers conferred by subsection (1) or (2) above are exercisable—
(a) for the general purposes, or any particular purposes, of this Act;
(b) in consequence of, or otherwise in connection with, any provision made by or under this Act;
(c) for giving full effect to this Act; or
(d) in consequence of such of the provisions of any other Act passed—
(i) before the relevant day, within the meaning of section 299 above, or
(ii) in the Session in which that day falls,
as apply to any area, or any body or person, affected by this Act.
(4) The powers conferred by subsection (1) or (2) above are also exercisable in relation to a transfer of property, rights or liabilities to the London Development Agency for any purpose for which such a transfer may be made by a scheme under the Regional Development Agencies Act 1998.
(5) A scheme under subsection (1) or (2) above may make any provision that may be made by order under subsection (1) of section (Pensions) below.
(6) Accordingly, the bodies or persons in relation to which provision may be made by virtue of subsection (5) above are not restricted to those falling within subsection (2) or (3) of section (Transfers of property, rights or liabilities) above.
(7) Schedule (Transfer schemes) to this Act (which makes provision in relation to schemes under this section) shall have effect.'.
Contracts of employment etc
Mr Secretary Prescott
NC27
To move the following Clause:—
'.—(1) The provision that may be made by transfer instrument includes provision for or in connection with the transfer of—
(a) rights and liabilities under contracts of employment; or
(b) members of police forces and other persons in relation to whom paragraph (a) above does not apply.
(2) Subsections (3) to (5) below apply where any rights or liabilities under a contract of employment are transferred by virtue of this Act.
(3) Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect shall be treated on and after that day as done by or in relation to the transferee.
(4) For the purposes of Part XI of the Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer.
(5) For the purposes of that Act, the employee's period of employment with the transferor shall count as a period of employment with the transferee, and the change of employment shall not break the continuity of the period of employment.
(6) In the application of this section to a person employed in the civil service of the State—
(a) any reference to employment includes a reference to employment in that service;
(b) any reference to a contract of employment includes a reference to the terms of that employment; and
(c) any reference to dismissal includes a reference to the termination of that employment.
(7) Where a transfer instrument makes provision for or in connection with a transfer falling within subsection (1)(b) above, the provision that may be made includes provision for or in connection with applying subsections (3) to (6) above (with or without modifications) in relation to or otherwise in connection with the transfer.
(8) In this section "transfer instrument" means—
(a) an order under section (Transfers of property, rights or liabilities) above; or
(b) a scheme under section (Transfer schemes) above.'.
Pensions
Mr Secretary Prescott
NC28
To move the following Clause:—
'.—(1) A Minister of the Crown may by order make provision with respect to the provision of pensions for or in respect of employees, or persons who have been employees, of, or of subsidiaries of,—
(a) any of the bodies or persons falling within subsection (2) of section (Transfers of property, rights or liabilities) above;
(b) any of the bodies or persons falling within subsection (3) of that section; or
(c) any body or person whose undertaking, or part of whose undertaking, has been transferred by or under any enactment to a body or person falling within paragraph (b) above.
(2) The provision that may be made by virtue of subsection (1) above includes provision for or in connection with—
(a) the establishment of pension schemes or pension funds;
(b) the administration or management of pension schemes or pension funds;
(c) enabling persons to participate, or continue to participate, in any pension scheme and requiring their employers to make contributions under that scheme;
(d) the rates, or the variation of the rates, of contributions to be made under any pension scheme, whether by employees or employers;
(e) the re-arrangement, amalgamation, simplification or assimilation of pension schemes.
(3) An order under subsection (1) above may make provision for or in connection with—
(a) establishing a body to administer or assist in administering a pension scheme;
(b) enabling all or any of the participants in a pension scheme to become instead participants in another pension scheme;
(c) empowering the persons responsible for administering a pension scheme to carry out arrangements for the participation in the scheme of a person who has been an employee of, or of a subsidiary of, a body or person falling within paragraph (b) or (c) of subsection (1) above;
(d) the manner in which questions arising under the order are to be determined.
(4) An order under subsection (1) above may make provision for or in connection with cases where a person who, having pension rights to which such an order relates, becomes—
(a) a member of a body or person falling within subsection (2) of section (Transfers of property, rights or liabilities) above, or
(b) a director of a subsidiary of such a body or person.
(5) The provision that may be made by virtue of subsection (4) above includes, in particular, provision for or in connection with—
(a) treating a person's service as such a member or director as service in the employment of, or of a subsidiary of, such a body or person; or
(b) treating two or more periods of service as continuous.
(6) In this section—
"pension" means a pension of any kind payable to or in respect of a person and includes—
(a) a lump sum, allowance or gratuity so payable; and
(b) a return of contributions, with or without interest or other addition;
"pension rights" includes—
(a) all forms of right to or eligibility for the present or future payment of a pension to or in respect of a person; and
(b) a right of allocation in respect of the present or future payment of a pension.'.
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