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PART XII |
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SUPPLEMENTARY PROVISIONS |
| Power to amend Acts and subordinate legislation. |
397. - (1) Any Minister of the Crown may by order make such amendments, repeals or revocations as appear to him to be appropriate in consequence of this Act, or of any regulations or orders under this Act,-
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(a) in any enactment contained in an Act passed before the relevant day or in the Session in which that day falls; or |
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(b) in any subordinate legislation (including subordinate legislation made under or by virtue of this Act) made before the relevant day or in the Session in which that day falls. |
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(2) Any power of a Minister of the Crown by order or regulations under this Part to make incidental, consequential, transitional or supplementary provision shall include power for any incidental, consequential, transitional or supplementary purposes-
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(a) to apply with or without modifications, |
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(b) to extend, exclude or amend, or |
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(c) to repeal or revoke with or without savings, |
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any such enactment, or any instrument made under any such enactment, as is mentioned in subsection (1) above or any charter, whenever granted.
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(3) The amendment by this Act of any provision is without prejudice to the exercise in relation to that provision of the powers conferred by this section.
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(4) For the purposes of this section "the relevant day" means the earliest day on which-
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(a) the Authority and the functional bodies are all in being, and |
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(b) London Regional Transport and the Receiver for the Metropolitan Police District have ceased to exist, |
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and any reference to an Act passed before that day includes a reference to this Act.
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| Transitional and consequential provision. |
398. - (1) A Minister of the Crown may by order make such incidental, consequential, transitional or supplementary provision as appears to him to be necessary or expedient-
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(a) for the general purposes, or any particular purposes, of this Act; |
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(b) in consequence of, or otherwise in connection with, any provision made by or under this Act; |
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(c) for giving full effect to this Act; or |
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(d) in consequence of such of the provisions of any other Act passed- |
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(i) before the relevant day, within the meaning of section 397 above, or
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(ii) in the Session in which that day falls,
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as apply to any area, or any body or person, affected by this Act. |
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(2) The provision that may be made by an order under this section includes provision-
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(a) for requiring or enabling any body or person by whom any powers will, on a date specified by or under this Act, become exercisable by virtue of any provision made by or under this Act to take before that date any steps which are necessary or expedient as a preliminary to the exercise of those powers; |
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(b) for the making, before any date specified by or under this Act, of arrangements for securing the satisfactory operation on or after that date of any provision made by or under this Act and for defraying the cost of any such arrangements; |
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(c) for authorising or requiring the exercise by or in relation to any body or person before a date specified by or under this Act, and whether with or without modifications, of any functions under or by virtue of this Act which will become exercisable on or after that date by or in relation to other bodies or persons, and for defraying any costs incurred in connection with any such exercise; |
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(d) for requiring any body or person by whom any powers are exercisable before a date specified by or under this Act to refrain from exercising those powers on or after that date or to refrain from exercising them as respects a period beginning on or after that date. |
| Transfers of property, rights or liabilities. |
399. - (1) A Minister of the Crown may by order make provision for or in connection with the transfer to any body or person falling within subsection (2) below of such property, rights or liabilities of a body or person falling within subsection (3) below as he may consider appropriate.
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(2) The bodies and persons falling within this subsection are-
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(c) any subsidiary of Transport for London; |
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(d) any local authority or the Common Council; |
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(e) any police authority established under section 3 of the Police Act 1996; |
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(f) the London Transport Users' Committee; |
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(g) any Minister of the Crown or government department; |
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(h) any body or person, or the holder of any office, established by or under this Act and not falling within the preceding paragraphs of this subsection. |
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(3) The bodies and persons falling within this subsection are-
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(a) any Minister of the Crown or government department; |
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(b) any London borough council or the Common Council; |
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(c) London Regional Transport or any subsidiary of London Regional Transport; |
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(d) the Receiver for the Metropolitan Police District; |
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(e) the Commissioner of Police of the Metropolis; |
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(f) the Development Commission; |
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(g) the Urban Regeneration Agency; |
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(h) any body or person, or the holder of any office, for whose abolition or dissolution provision is made by or under this Act and which does not fall within the preceding paragraphs of this subsection. |
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(4) The power conferred by subsection (1) above is exercisable-
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(a) for the general purposes, or any particular purposes, of this Act; |
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(b) in consequence of, or otherwise in connection with, any provision made by or under this Act; |
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(c) for giving full effect to this Act; or |
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(d) in consequence of such of the provisions of any other Act passed- |
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(i) before the relevant day, within the meaning of section 397 above, or
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(ii) in the Session in which that day falls,
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as apply to any area, or any body or person, affected by this Act. |
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(5) The power conferred by subsection (1) above is also exercisable in relation to a transfer of property, rights or liabilities to the London Development Agency for any purpose for which such a transfer may be made by a scheme under the Regional Development Agencies Act 1998.
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(6) To the extent that an order under subsection (1) above makes provision for or in connection with the transfer of property, rights or liabilities to the London Development Agency from-
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(a) the Urban Regeneration Agency, or |
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(b) the Commission for the New Towns, |
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section 38 of the Regional Development Agencies Act 1998 (relief from Corporation Tax) shall apply in relation to the order as if it were a transfer scheme within the meaning of that section.
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(7) An order under subsection (1) above may make provision for or in connection with the creation of rights or liabilities.
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| Transfer schemes. |
400. - (1) A Minister of the Crown may make schemes for the transfer from the Crown to one or more bodies or persons falling within subsection (2) of section 399 above of such property, rights or liabilities as he may consider appropriate.
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(2) A Minister of the Crown may by directions require a body or person falling within subsection (3) of section 399 above to make one or more schemes for the transfer to a body or person falling within subsection (2) of that section of such property, rights or liabilities as he may consider appropriate.
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(3) The powers conferred by subsection (1) or (2) above are exercisable-
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(a) for the general purposes, or any particular purposes, of this Act; |
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(b) in consequence of, or otherwise in connection with, any provision made by or under this Act; |
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(c) for giving full effect to this Act; or |
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(d) in consequence of such of the provisions of any other Act passed- |
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(i) before the relevant day, within the meaning of section 397 above, or
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(ii) in the Session in which that day falls,
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as apply to any area, or any body or person, affected by this Act. |
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(4) The powers conferred by subsection (1) or (2) above are also exercisable in relation to a transfer of property, rights or liabilities to the London Development Agency for any purpose for which such a transfer may be made by a scheme under the Regional Development Agencies Act 1998.
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(5) To the extent that a scheme under subsection (1) or (2) above makes provision for or in connection with the transfer of property, rights or liabilities to the London Development Agency from-
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(a) the Urban Regeneration Agency, or |
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(b) the Commission for the New Towns, |
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section 38 of the Regional Development Agencies Act 1998 (relief from Corporation Tax) shall apply in relation to the scheme as if it were a transfer scheme within the meaning of that section.
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(6) A scheme under subsection (1) or (2) above may make any provision that may be made by order under subsection (1) of section 402 below.
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(7) Accordingly, the bodies or persons in relation to which provision may be made by virtue of subsection (6) above are not restricted to those falling within subsection (2) or (3) of section 399 above.
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(8) Schedule 30 to this Act (which makes provision in relation to schemes under this section) shall have effect.
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| Contracts of employment etc. |
401. - (1) The provision that may be made by transfer instrument includes provision for or in connection with the transfer of-
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(a) rights and liabilities under contracts of employment; or |
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(b) members of police forces and other persons in relation to whom paragraph (a) above does not apply. |
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(2) Subsections (3) to (5) below apply where any rights or liabilities under a contract of employment are transferred by virtue of this Act.
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(3) Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect shall be treated on and after that day as done by or in relation to the transferee.
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(4) For the purposes of Part XI of the Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer.
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(5) For the purposes of that Act, the employee's period of employment with the transferor shall count as a period of employment with the transferee, and the change of employment shall not break the continuity of the period of employment.
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(6) In the application of this section to a person employed in the civil service of the State-
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(a) any reference to employment includes a reference to employment in that service; |
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(b) any reference to a contract of employment includes a reference to the terms of that employment; and |
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(c) any reference to dismissal includes a reference to the termination of that employment. |
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(7) Where a transfer instrument makes provision for or in connection with a transfer falling within subsection (1)(b) above, the provision that may be made includes provision for or in connection with applying subsections (3) to (6) above (with or without modifications) in relation to or otherwise in connection with the transfer.
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(8) In this section "transfer instrument" means-
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(a) an order under section 399 above; or |
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(b) a scheme under section 400 above. |
