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Marine and Coastal Access Bill [HL]


Marine and Coastal Access Bill [HL]
Schedule 1 — The Marine Management Organisation

231

 

(a)   

a member who is authorised (generally or specially) for that purpose,

or

(b)   

an employee of the MMO who is so authorised.

      (2)  

A document purporting to be duly executed under the seal of the MMO is to

be received in evidence and taken to be so executed, unless the contrary is

5

shown.

Documents served etc by the MMO

25    (1)  

Any document which the MMO is authorised or required by or under any

enactment to serve, make or issue may be signed on behalf of the MMO by

any member or employee of the MMO who has been authorised for the

10

purpose, whether generally or specially, by the MMO.

      (2)  

Every document purporting—

(a)   

to be an instrument made or issued by or on behalf of the MMO, and

(b)   

to be signed by a person authorised by the MMO for the purpose,

           

is to be received in evidence and taken to be so made or issued, unless the

15

contrary is shown.

Annual report

26    (1)  

For each financial year, the MMO must prepare an annual report on how it

has discharged its functions during the year.

      (2)  

The MMO must send the report to the Secretary of State as soon as possible

20

after the end of the year to which it relates.

      (3)  

The Secretary of State must lay a copy of the report before each House of

Parliament.

      (4)  

In this paragraph “financial year” means—

(a)   

the period that—

25

(i)   

begins with the day on which the MMO is established, and

(ii)   

ends with the next 31st March,

(b)   

each subsequent period of 12 months ending with 31st March.

Accounts and records

27    (1)  

The MMO must keep proper accounts and proper records in relation to the

30

accounts.

      (2)  

For each financial year, the MMO must prepare a statement of accounts in

respect of that financial year.

      (3)  

The statement must be in such form as the Secretary of State may direct.

      (4)  

Within such period as the Secretary of State may direct, the MMO must send

35

a copy of the statement to—

(a)   

the Secretary of State, and

(b)   

the Comptroller and Auditor General.

      (5)  

In this paragraph “financial year” has the same meaning as in paragraph 26.

 
 

Marine and Coastal Access Bill [HL]
Schedule 2 — Minor and consequential amendments relating to the MMO

232

 

Audit

28    (1)  

This paragraph applies where, in pursuance of paragraph 27, the MMO has

sent a copy of a statement of accounts to the Comptroller and Auditor

General.

      (2)  

The Comptroller and Auditor General must—

5

(a)   

examine, certify and report on the statement, and

(b)   

send a copy of the certified statement and of the report to the

Secretary of State as soon as possible.

      (3)  

The Secretary of State must lay before each House of Parliament a copy of

the certified statement and of the report.

10

Duty to provide information to the Secretary of State

29    (1)  

The MMO must provide the Secretary of State with—

(a)   

copies of such returns or accounts, or

(b)   

such information,

           

as the Secretary of State may require.

15

      (2)  

Sub-paragraph (1) applies only in relation to accounts, returns or

information relating to—

(a)   

the MMO’s property, or

(b)   

the discharge, or proposed discharge, of the MMO’s functions.

      (3)  

The MMO must also—

20

(a)   

permit any person authorised by the Secretary of State to inspect and

make copies of any accounts or other documents of the MMO, and

(b)   

provide such explanation of them as the Secretary of State or that

person may require.

Schedule 2

25

Section 1

 

Minor and consequential amendments relating to the MMO

Public Records Act 1958 (c. 51)

1          

In Schedule 1 to the Public Records Act 1958 (definition of public records) in

Part 2 of the Table at the end of paragraph 3 insert at the appropriate place—

“The Marine Management Organisation.”

30

Parliamentary Commissioner Act 1967 (c. 13)

2          

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments

and authorities subject to investigation) insert at the appropriate place—

“The Marine Management Organisation.”

House of Commons Disqualification Act 1975 (c. 24)

35

3          

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975

(bodies of which all members are disqualified) insert at the appropriate

 
 

Marine and Coastal Access Bill [HL]
Schedule 3 — Transfer schemes

233

 

place—

“The Marine Management Organisation.”

Race Relations Act 1976 (c. 74)

4          

In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other

persons subject to general statutory duty) insert at the appropriate place

5

under the heading “Other Bodies, Etc.”—

“The Marine Management Organisation.”

Inheritance Tax Act 1984 (c. 51)

5          

In Schedule 3 to the Inheritance Tax Act 1984 (gifts for national purposes etc)

after the entry for the Countryside Council for Wales insert—

10

“The Marine Management Organisation.”

Freedom of Information Act 2000 (c. 36)

6          

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public

bodies and offices which are public authorities) insert at the appropriate

place—

15

“The Marine Management Organisation.”

Schedule 3

Section 39

 

Transfer schemes

Introductory

1          

In this Schedule—

20

“transferor” means the person from whom any property, rights or

liabilities are transferred;

“transferee” means the person to whom any property, rights or

liabilities are transferred.

The property, rights and liabilities that may be transferred

25

2     (1)  

A scheme may provide for the transfer of any property, rights or liabilities,

whether or not otherwise capable of being transferred or assigned.

      (2)  

A scheme may provide for the transfer of any property, rights or liabilities

to take effect regardless of any such—

(a)   

contravention,

30

(b)   

liability, or

(c)   

interference with an interest or right,

           

as there would be (apart from this sub-paragraph) by reason of an inhibiting

provision.

      (3)  

For the purposes of sub-paragraph (2) an “inhibiting provision” is a

35

provision having effect (whether under an enactment or an agreement or in

any other way) in relation to the terms on which the transferor is entitled to

 
 

Marine and Coastal Access Bill [HL]
Schedule 3 — Transfer schemes

234

 

the property or right, or is subject to the liability, that is the subject of the

transfer.

Creation and apportionment of property, rights or liabilities

3     (1)  

A scheme may—

(a)   

create for the transferor interests in or rights over property

5

transferred by virtue of the scheme;

(b)   

create for the transferee interests in or rights over property retained

by the transferor;

(c)   

create rights or liabilities between the transferor and the transferee.

      (2)  

In this Schedule, any reference—

10

(a)   

to the transfer of interests, rights or liabilities by virtue of a scheme,

or

(b)   

to any interests, rights or liabilities transferred by virtue of a scheme,

           

includes a reference to the creation of interests, rights or liabilities, or to

interests, rights or liabilities created, by virtue of sub-paragraph (1).

15

      (3)  

A scheme may make incidental provision as to the interests, rights and

liabilities of persons other than the transferor and the transferee with respect

to the subject matter of the scheme.

Vesting certificates

4          

A certificate by the Secretary of State that anything specified in the certificate

20

has vested in any person by virtue of a scheme is conclusive evidence of that

fact for all purposes.

Employment contracts

5     (1)  

This paragraph applies if rights and liabilities under a contract of

employment are transferred by virtue of a scheme.

25

      (2)  

The contract of employment—

(a)   

is not terminated by the transfer, and

(b)   

has effect from the transfer date as if made between the employee

and the transferee.

      (3)  

The rights, powers, duties and liabilities of the transferor under or in

30

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

having been done by or in relation to the transferee.

35

      (5)  

This paragraph is subject to paragraph 6.

Employee expressing objection to transfer of contract of employment

6     (1)  

Rights and liabilities under a contract of employment are not transferred

under this Schedule if the employee objects to the transfer and informs the

transferor or transferee of that objection.

40

 
 

Marine and Coastal Access Bill [HL]
Schedule 3 — Transfer schemes

235

 

      (2)  

If the employee informs the transferor or transferee of an objection under

sub-paragraph (1)—

(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

5

dismissed by the transferor.

Right to terminate contract of employment for substantial detrimental change in conditions

7          

Nothing in this Schedule affects any right a person has to terminate a

contract of employment if (apart from the change of employer) a substantial

detrimental change is made in the person’s working conditions.

10

Civil servants

8     (1)  

This Schedule applies with the following modifications in relation to

employment in the civil service of the State on terms which do not constitute

a contract of employment.

      (2)  

In the case of an individual who holds employment in the civil service of the

15

State immediately before the transfer date—

(a)   

the individual is to be treated as employed by virtue of a contract of

employment,

(b)   

the terms of that employment are to be regarded as constituting the

terms of that contract, and

20

(c)   

the reference in paragraph 6 to dismissal by the transferor is to be

read as a reference to termination of that employment.

      (3)  

In the case of an individual who is to hold employment in the civil service of

the State on and after the transfer date, the terms and conditions of the

individual’s contract of employment immediately before that date have

25

effect on and after that date as if they were terms and conditions of the

individual’s employment in the civil service of the State.

Compensation

9          

A scheme may contain provision for the payment of compensation by the

Secretary of State to any person whose interests are adversely affected by the

30

scheme.

Validity

10         

A transfer under this Schedule does not affect the validity of anything done

by or in relation to the transferor before the transfer takes effect.

Continuity

35

11    (1)  

Anything which—

(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.

40

      (2)  

There may be continued by or in relation to the transferee anything

(including legal proceedings)—

 
 

Marine and Coastal Access Bill [HL]
Schedule 3 — Transfer schemes

236

 

(a)   

which relates to anything transferred by virtue of a scheme, and

(b)   

which is in the process of being done by or in relation to the

transferor immediately before the transfer date.

Documents

12         

In any document which—

5

(a)   

relates to anything transferred by virtue of a scheme, and

(b)   

is in effect immediately before the transfer date,

           

any reference to the transferor is to be read as a reference to the transferee.

Remedies

13        

As from the date on which a transfer takes effect—

10

(a)   

the transferee, and

(b)   

any other persons,

           

are to have the same rights, powers and remedies with regard to any right

or liability transferred as if the right or liability had at all times been a right

or liability of the transferee.

15

Interim arrangements

14    (1)  

A scheme may include provision requiring a transferor to make available to

a transferee during any interim period any of the following—

(a)   

any designated premises or facilities occupied or used by the

transferor;

20

(b)   

any designated officers or employees of the transferor.

      (2)  

In this paragraph “interim period”, in the case of any transfer by virtue of a

scheme, means a period—

(a)   

beginning with the day following the making of the scheme, and

(b)   

ending with the date on which the transfer takes effect.

25

Retrospective modification of schemes

15    (1)  

If, at any time after a scheme has come into force, the Secretary of State

considers it appropriate to do so, the Secretary of State may direct that the

scheme shall be taken to have come into force with such modifications as

may be specified in the direction.

30

      (2)  

A direction under this paragraph—

(a)   

may make, with effect from the coming into force of the scheme, such

provision as could have been made by the scheme, and

(b)   

in connection with giving effect to that provision from that time, may

contain such incidental, consequential, supplemental or transitional

35

provision or savings as the Secretary of State thinks fit.

Incidental, consequential, supplemental or transitional provision or savings

16         

A scheme may include such incidental, consequential, supplemental or

transitional provision or savings as the Secretary of State thinks fit.

 
 

 
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