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Housing and Regeneration Bill


Housing and Regeneration Bill
Schedule 6 — Transfer schemes

172

 

      (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

date.

      (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

transferee of that fact—

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.

Compensation

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.

Continuity

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.

10         

Anything which—

40

(a)   

is done by the transferor for the purposes of, or otherwise in

connection with, anything transferred by virtue of a scheme, and

 
 

Housing and Regeneration Bill
Schedule 7 — Amendments of enactments: Part 1

173

 

(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

to the transferee.

Supplementary etc. provision

13         

A scheme may include supplementary, incidental, transitional and

consequential provision.

15

Schedule 7

Section 58

 

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

place—

“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

planning.”,

(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)—

 
 

Housing and Regeneration Bill
Schedule 7 — Amendments of enactments: Part 1

174

 

(a)   

omit paragraph (ba), and

(b)   

in paragraph (bf), for “Urban Regeneration” substitute “Homes and

Communities”.

      (3)  

In section 26(7) (matters subject to investigation)—

(a)   

omit paragraph (a), and

5

(b)   

in paragraph (ba)—

(i)   

for “Urban Regeneration” substitute “Homes and

Communities”, and

(ii)   

for “Part III of the Leasehold Reform, Housing and Urban

Development Act 1993” substitute “Part 1 of the Housing and

10

Regeneration Act 2008”.

      (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

Communities”.

      (3)  

In subsection (1)—

(a)   

for “section 170 of the Leasehold Reform, Housing and Urban

Development Act 1993” substitute “section 13 of the Housing and

35

Regeneration Act 2008”,

(b)   

for “subsection (1) of section 171” substitute “section 14(2)”, and

(c)   

for “Urban Regeneration” substitute “Homes and Communities”.

      (4)  

Omit subsection (2).

 
 

Housing and Regeneration Bill
Schedule 7 — Amendments of enactments: Part 1

175

 

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

amended as follows.

      (2)  

Omit—

(a)   

sections 158 to 173, 175, 177 and 183 to 185, and

(b)   

Schedules 17 to 20,

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

specified.”

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;”.

 
 

 
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