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New Clause 30
Continuity
'.--(1) None of the following, that is to say--
(a) the abolition or dissolution by or under this Act of any body or office,
(b) the transfer, repeal or revocation by or under this Act of any functions, or
(c) the transfer by or under this Act of any property, rights or liabilities,
shall affect the validity of anything done before the abolition, dissolution, transfer, repeal or revocation takes effect.
(2) Subsections (3) to (5) below apply where any functions, property, rights or liabilities are transferred by or under this Act from a body or person ("the transferor") to another body or person ("the transferee").
(3) There may be continued by or in relation to the transferee anything (including legal proceedings) which--
(a) relates to any of the functions, property, rights or liabilities transferred, and
(b) is in the process of being done by or in relation to the transferor immediately before the transfer takes effect.
(4) Anything which--
(a) was done by the transferor for the purposes of or otherwise in connection with any of the functions, property, rights or liabilities transferred, and
(b) is in effect immediately before the transfer takes effect,
shall have effect as if done by the transferee.
(5) The transferee shall be substituted for the transferor in any instruments, contracts or legal proceedings which--
(a) relate to any of the functions, property, rights or liabilities transferred, and
(b) are made or commenced before the transfer takes effect.
(6) Any reference in this section to anything done by or in relation to the transferor includes a reference to anything which by virtue of any enactment is treated as having been done by or in relation to the transferor.
(7) Any question under this section as to--
(a) whether any particular functions, property, rights or liabilities are transferred by or under this Act, or
(b) the body to which, or person to whom, any particular functions, property, rights or liabilities are so transferred,
may be determined by a direction given by the Secretary of State.
(8) Subsections (1) to (7) above are without prejudice to any provision made by or under this Act in relation to any particular functions.
(9) Nothing in this section shall be construed--
(a) as continuing in force any contract of employment; or
(b) as transferring any rights or liabilities relating to pensions.'.--[Mr. Dowd.]
Brought up, read the First and Second time, and added to the Bill.
Brought up, and read the First time.
Mr. Raynsford:
I beg to move, That the clause be read a Second time.
The new clause requires the Secretary of State to provide accommodation for the Greater London Authority and the functional bodies in the first instance. That is to
ensure a smooth and orderly transition to the new arrangements. Our objective is to ensure that when the new authority and functional bodies come into existence, they are not distracted from their main purpose by the need to find accommodation. Where staff who are being absorbed into the new authority and functional bodies are already in appropriate accommodation, we expect that they will remain where they are, but new staff and absorbed staff who cannot remain in their current accommodation will need to be provided for. The amendment will ensure that the Secretary of State makes the necessary preparations.
Mr. Ottaway:
What is the position regarding the interim accommodation for the new authority?
Mr. Raynsford:
I hope to be able to make an announcement on the interim accommodation in the very near future. We have been working hard to find--
It being Twelve midnight, Mr. Deputy Speaker put the Question already proposed from the Chair, pursuant to Order [30 April].
Question agreed to.
Clause read a Second time.
Mr Deputy Speaker then put the remaining Questions required to be put at that hour.
Clause added to the Bill.
'.--(1) The Secretary of State shall be under a duty to provide accommodation for--
(a) the Authority, and
(b) each of the functional bodies,
during the period of five years beginning with the day on which this Act is passed.
(2) If the Secretary of State is satisfied that appropriate accommodation is available or has been provided for a body falling within paragraph (a) or (b) of subsection (1) above, he may by order make provision substituting for the period for the time being specified in that subsection as it has effect in relation to that body such shorter period as he may determine.
(3) Where the Secretary of State--
(a) has made an order under subsection (2) above in the case of any body, but
(b) subsequently considers that it is necessary, expedient or desirable to extend the period for the time being specified in subsection (1) above as it has effect in relation to that body,
he may by order make provision substituting for that period (whether or not it has expired) such longer period as he may determine, ending not later than the period of five years beginning with the day on which this Act is passed.
(4) The Secretary of State need not provide accommodation for a body under subsection (1) above during any period as respects which that body has notified him that it does not require him to provide accommodation for it.
(5) The provision of accommodation under subsection (1) above shall be on such financial and other terms as the Secretary of State may determine.'.--[Mr. Raynsford.]
1. In this Schedule--
"Crown scheme" means a scheme under subsection (1) of section (Transfer schemes) of this Act;
"ordinary scheme" means a scheme under subsection (2) of section (Transfer schemes) of this Act;
"predecessor bodies" means the bodies or persons falling within subsection (3) of section (Transfers of property, rights or liabilities) above;
"successor bodies" means the bodies or persons falling within subsection (2) of section (Transfers of property, rights or liabilities) above;
"transfer scheme" means a Crown scheme or an ordinary scheme.
2. A transfer scheme shall by virtue of this paragraph take effect in accordance with the provisions of the scheme on such day or days as may be appointed by the scheme.
3.--(1) A Crown scheme may also contain provision--
(a) for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the transferor;
(b) for the creation of any rights or liabilities as between two or more of the successor bodies, or as between one or more of them and the Crown;
(c) for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against two or more of the successor bodies, or by or against one or more of them and the Crown;
(d) for imposing on any two or more of the successor bodies, or on one or more of them and the Crown, an obligation to enter into written agreements with, or execute other instruments in favour of, each other.
(2) A Crown scheme may also contain provision--
(a) for the creation in favour of any of the successor bodies of an interest in or right over property retained by the Crown;
(b) for the creation in favour of any of the successor bodies of an interest in or right over property which the scheme transfers to another of those bodies.
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