Learning and Skills Bill [H.L.] - continued        House of Commons

back to previous text
 
  PART V
  MISCELLANEOUS AND GENERAL
 
Further Education Funding Councils
Dissolution of FEFC for England.     86. - (1) On the appointed day-
 
 
    (a) the Further Education Funding Council for England shall be dissolved, and
 
    (b) all property, rights and liabilities to which it was entitled or subject immediately before that day shall by virtue of this section become property, rights and liabilities of the Learning and Skills Council for England.
      (2) The appointed day is the day appointed under section 141 for the commencement of this section.
 
Preliminary transfers: FEFC for England.     87. - (1) The Secretary of State may make a scheme providing for the transfer of any of the property, rights and liabilities of the Further Education Funding Council for England to any of the listed transferees.
 
      (2) The listed transferees are-
 
 
    (a) the Secretary of State;
 
    (b) Her Majesty's Chief Inspector of Schools in England;
 
    (c) the Adult Learning Inspectorate.
      (3) A scheme under this section may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.
 
      (4) A scheme under this section comes into force on the day it specifies for it to come into force.
 
      (5) When a scheme under this section comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.
 
      (6) The day specified by a scheme under this section for the scheme to come into force must fall before the day appointed under section 141 for the commencement of section 86.
 
Dissolution of FEFC for Wales.     88. - (1) On the appointed day-
 
 
    (a) the Further Education Funding Council for Wales shall be dissolved, and
 
    (b) all property, rights and liabilities to which it was entitled or subject immediately before that day shall by virtue of this section become property, rights and liabilities of the National Council for Education and Training for Wales.
      (2) The appointed day is the day appointed under section 141 for the commencement of this section.
 
 
Other transfers
Transfers: England.     89. - (1) The Secretary of State may make a scheme providing for the transfer of any of his property, rights and liabilities to any of the listed persons.
 
      (2) The Secretary of State may make a scheme providing for the transfer of any of the property, rights and liabilities of a listed person to any other listed person.
 
      (3) The Secretary of State may make a scheme providing for the transfer to any listed person of any of the property, rights and liabilities of a person with whom the Secretary of State has made arrangements under section 2 of the Employment and Training Act 1973 (arrangements regarding employment).
 
      (4) The listed persons are-
 
 
    (a) the Learning and Skills Council for England;
 
    (b) Her Majesty's Chief Inspector of Schools in England;
 
    (c) the Adult Learning Inspectorate.
      (5) A scheme under this section may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.
 
      (6) A scheme under this section comes into force on the day it specifies for it to come into force.
 
      (7) When a scheme under this section comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.
 
      (8) If a scheme under subsection (1) includes provision for the transfer of liabilities, the day specified by the scheme for it to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 141 for the commencement of section 86.
 
      (9) The day specified by a scheme under subsection (2) or (3) for the scheme to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 141 for the commencement of section 86.
 
      (10) A scheme under subsection (3) is invalid unless it is made with the consent of the person from whom the transfer is to be made.
 
      (11) This section applies in relation to England only.
 
 
Transfers: further provision
Stamp duty.     90. - (1) A transfer effected by virtue of section 86 or 88 is not to give rise to liability to stamp duty.
 
      (2) Stamp duty is not to be chargeable on a scheme made under section 87 or 89.
 
Contracts of employment.     91. - (1) This section applies if rights and liabilities under a contract of employment are transferred by virtue of-
 
 
    (a) section 86 or 88, or
 
    (b) a scheme under section 87 or 89.
      (2) Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect is to be treated on and after that day as done by or in relation to the transferee.
 
      (3) For the purposes of Part XI of the Employment Rights Act 1996 (redundancy payments etc) the employee is not to be regarded as having been dismissed by virtue of the transfer.
 
      (4) For the purposes of that Act the employee's period of employment with the transferor is to count as a period of employment with the transferee, and the change of employment is not to break the continuity of the period of employment.
 
      (5) The preceding provisions do not prejudice any right of the employee to terminate the contract of employment if a substantial change is made to his detriment in his working conditions, but no such right arises by reason only of the change in employer effected by the transfer.
 
      (6) For the purposes of this section-
 
 
    (a) the transferor is the person from whom the rights and liabilities are transferred;
 
    (b) the transferee is the person to whom the rights and liabilities are transferred.
 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2000
Prepared 7 June 2000