|
| |
|
(3) | The rights, powers, duties and liabilities of the transferor under or in |
| |
connection with the contract are transferred to the transferee on the transfer |
| |
| |
(4) | Anything done before the transfer date by or in relation to the transferor in |
| |
respect of the contract or the employee is to be treated from that date as |
| 5 |
having been done by or in relation to the transferee. |
| |
(5) | In particular, a period of employment with the transferor is to be treated as |
| |
a period of employment with the transferee (and the transfer is not to be |
| |
treated as interrupting the continuity of that employment). |
| |
(6) | This paragraph is subject to paragraph 5. |
| 10 |
5 (1) | Rights and liabilities under a contract of employment are not transferred by |
| |
virtue of a scheme if the employee objects to the transfer and informs the |
| |
transferor or transferee of that fact. |
| |
(2) | If the employee objects to the transfer and informs the transferor or |
| |
| 15 |
(a) | the employee’s contract of employment is terminated immediately |
| |
before the transfer date, but |
| |
(b) | the employee is not to be treated, for any purpose, as having been |
| |
dismissed by the transferor. |
| |
6 | If (apart from the change of employer) a substantial detrimental change is |
| 20 |
made to a person’s working conditions, nothing in this Schedule affects any |
| |
right the person has to terminate the person’s contract of employment. |
| |
Civil servants treated as employed under a contract of employment etc. |
| |
7 (1) | This Schedule applies with the following modifications in relation to |
| |
employment in the civil service of the Crown on terms which do not |
| 25 |
constitute a contract of employment. |
| |
(2) | An individual who holds employment in the civil service of the Crown |
| |
immediately before the transfer date is to be treated as employed by virtue |
| |
of a contract of employment. |
| |
(3) | The terms of the employment in the civil service of the Crown are to be |
| 30 |
regarded as constituting the terms of the contract of employment. |
| |
(4) | The reference in paragraph 5 to dismissal by the transferor is to termination |
| |
of the employment in the civil service of the Crown. |
| |
| |
8 | A scheme may contain provision for the payment of compensation by the |
| 35 |
Secretary of State to any person whose interests are adversely affected by it. |
| |
| |
9 | A transfer by virtue of a scheme does not affect the validity of anything done |
| |
by or in relation to the transferor before the transfer takes effect. |
| |
| 40 |
(a) | is done by the transferor for the purposes of, or otherwise in |
| |
connection with, anything transferred by virtue of a scheme, and |
| |
|
| |
|
| |
|
(b) | is in effect immediately before the transfer date, |
| |
| is to be treated as done by the transferee. |
| |
11 | There may be continued by or in relation to the transferee anything |
| |
(including legal proceedings)— |
| |
(a) | which relates to anything transferred by virtue of a scheme, and |
| 5 |
(b) | which is in the process of being done by or in relation to the |
| |
transferor immediately before the transfer date. |
| |
12 (1) | This paragraph applies to any document— |
| |
(a) | which relates to anything transferred by virtue of a scheme, and |
| |
(b) | which is in effect immediately before the transfer date. |
| 10 |
(2) | Any references in the document to the transferor are to be read as references |
| |
| |
Supplementary etc. provision |
| |
13 | A scheme may include supplementary, incidental, transitional and |
| |
| 15 |
| |
| |
Amendments of enactments: Part 1 |
| |
Public Records Act 1958 (c. 51) |
| |
1 | In Schedule 1 to the Public Records Act 1958 (definition of public records), |
| |
at the end of paragraph 3, in Part 2 of the Table, insert at the appropriate |
| 20 |
| |
“The Homes and Communities Agency.” |
| |
Parliamentary Commissioner Act 1967 (c. 13) |
| |
2 | In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc |
| |
subject to investigation)— |
| 25 |
(a) | insert, at the appropriate place, “Homes and Communities Agency”, |
| |
(b) | insert, in the Notes after the paragraph relating to the Treasury— |
| |
“Homes and Communities Agency |
| |
| In the case of the Homes and Communities Agency no |
| |
investigation is to be conducted in respect of any action in |
| 30 |
connection with functions in relation to town and country |
| |
| |
(c) | omit the entry for the Urban Regeneration Agency, and |
| |
(d) | omit the Note relating to the Urban Regeneration Agency. |
| |
Local Government Act 1974 (c. 7) |
| 35 |
3 (1) | The Local Government Act 1974 is amended as follows. |
| |
(2) | In section 25(1) (authorities subject to investigation)— |
| |
|
| |
|
| |
|
(a) | omit paragraph (ba), and |
| |
(b) | in paragraph (bf), for “Urban Regeneration” substitute “Homes and |
| |
| |
(3) | In section 26(7) (matters subject to investigation)— |
| |
(a) | omit paragraph (a), and |
| 5 |
| |
(i) | for “Urban Regeneration” substitute “Homes and |
| |
| |
(ii) | for “Part III of the Leasehold Reform, Housing and Urban |
| |
Development Act 1993” substitute “Part 1 of the Housing and |
| 10 |
| |
(4) | In paragraph 8 of Schedule 5 (matters not subject to investigation) for |
| |
“Urban Regeneration” substitute “Homes and Communities”. |
| |
House of Commons Disqualification Act 1975 (c. 24) |
| |
4 (1) | Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 |
| 15 |
(bodies of which all members are disqualified) is amended as follows. |
| |
(2) | Insert at the appropriate place— |
| |
“The Homes and Communities Agency.” |
| |
(3) | Omit the entries relating to— |
| |
(a) | the Commission for the New Towns, and |
| 20 |
(b) | the Urban Regeneration Agency. |
| |
Race Relations Act 1976 (c. 74) |
| |
5 (1) | Schedule 1A to the Race Relations Act 1976 (bodies and other persons |
| |
subject to general statutory duty) is amended as follows. |
| |
(2) | In Part 1, after paragraph 52, insert— |
| 25 |
“52A | The Homes and Communities Agency.” |
| |
(3) | In Part 2, omit the entry relating to English Partnerships. |
| |
Town and Country Planning Act 1990 (c. 8) |
| |
6 (1) | Section 8A of the Town and Country Planning Act 1990 (the Urban |
| |
Regeneration Agency) is amended as follows. |
| 30 |
(2) | In the heading for “Urban Regeneration” substitute “Homes and |
| |
| |
| |
(a) | for “section 170 of the Leasehold Reform, Housing and Urban |
| |
Development Act 1993” substitute “section 13 of the Housing and |
| 35 |
| |
(b) | for “subsection (1) of section 171” substitute “section 14(2)”, and |
| |
(c) | for “Urban Regeneration” substitute “Homes and Communities”. |
| |
| |
|
| |
|
| |
|
Planning (Hazardous Substances) Act 1990 (c. 10) |
| |
7 | In section 3(5A) of the Planning (Hazardous Substances) Act 1990 |
| |
(hazardous substances authorities: special cases) for “Urban Regeneration” |
| |
substitute “Homes and Communities”. |
| |
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) |
| 5 |
8 (1) | The Leasehold Reform, Housing and Urban Development Act 1993 is |
| |
| |
| |
(a) | sections 158 to 173, 175, 177 and 183 to 185, and |
| |
| 10 |
| (provisions about the Urban Regeneration Agency). |
| |
(3) | In section 188(6) (extent etc.) omit paragraph (b) and the “and” before it. |
| |
Freedom of Information Act 2000 (c. 36) |
| |
9 (1) | Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public |
| |
authorities) is amended as follows. |
| 15 |
(2) | Insert at the appropriate place— |
| |
“The Homes and Communities Agency.” |
| |
(3) | Omit the entries relating to— |
| |
(a) | the Commission for the New Towns, and |
| |
(b) | the Urban Regeneration Agency. |
| 20 |
Planning and Compulsory Purchase Act 2004 (c. 5) |
| |
10 | In section 37 of the Planning and Compulsory Purchase Act 2004 |
| |
(interpretation of Part 2), after subsection (5), insert— |
| |
“(5A) | Subsection (4) must also be construed subject to any designation |
| |
order under section 13 of the Housing and Regeneration Act 2008 |
| 25 |
(power to make designation orders) providing that the Homes and |
| |
Communities Agency is to be the local planning authority— |
| |
(a) | for an area specified in the order, and |
| |
(b) | for all purposes of this Part or any such purposes so |
| |
| 30 |
Local Government and Public Involvement in Health Act 2007 (c. 28) |
| |
11 | In section 104(4) of the Local Government and Public Involvement in Health |
| |
Act 2007 (partner authorities), after paragraph (e), insert— |
| |
“(ea) | the Homes and Communities Agency;”. |
| |
|
| |
|