Marine and Coastal Access Bill [HL]

House of Lords

Session 2008 - 09
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Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Schedule 1 — The Marine Management Organisation
217

any member or employee of the MMO who has been authorised for the
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,
5

is to be received in evidence and taken to be so made or issued, unless the
contrary is shown.
Annual report
25    (1)
For each financial year, the MMO must prepare an annual report on how it
has discharged its functions during the year.
10
      (2)
The MMO must send the report to the Secretary of State as soon as possible
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—
15
(a)
the period that—
(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
20
26    (1)
The MMO must keep proper accounts and proper records in relation to the
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.
25
      (4)
Within such period as the Secretary of State may direct, the MMO must send
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 25.
30
Audit
27    (1)
This paragraph applies where, in pursuance of paragraph 26, the MMO has
sent a copy of a statement of accounts to the Comptroller and Auditor
General.
      (2)
The Comptroller and Auditor General must—
35
(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.
40

Marine and Coastal Access Bill [HL]
Schedule 2 — Minor and consequential amendments relating to the MMO
218

Duty to provide information to the Secretary of State
28    (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.
5
      (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—
10
(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
15
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.”
20
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)
25
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
place—
“The Marine Management Organisation.”
Race Relations Act 1976 (c. 74)
30
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
under the heading “Other Bodies, Etc.”—
“The Marine Management Organisation.”
Inheritance Tax Act 1984 (c. 51)
35
5
In Schedule 3 to the Inheritance Tax Act 1984 (gifts for national purposes etc)

Marine and Coastal Access Bill [HL]
Schedule 3 — Transfer schemes
219

after the entry for the Countryside Council for Wales insert—
“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
5
place—
“The Marine Management Organisation.”
Schedule 3
Section 37

Transfer schemes
Introductory
10
1
In this Schedule—
“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.
15
The property, rights and liabilities that may be transferred
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—
20
(a)
contravention,
(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.
25
      (3)
For the purposes of sub-paragraph (2) an “inhibiting provision” is a
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
the property or right, or is subject to the liability, that is the subject of the
transfer.
30
Creation and apportionment of property, rights or liabilities
3     (1)
A scheme may—
(a)
create for the transferor interests in or rights over property
transferred by virtue of the scheme;
(b)
create for the transferee interests in or rights over property retained
35
by the transferor;
(c)
create rights or liabilities between the transferor and the transferee.
      (2)
In this Schedule, any reference—

Marine and Coastal Access Bill [HL]
Schedule 3 — Transfer schemes
220

(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).
5
      (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
10
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.
15
      (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
20
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.
25
      (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.
30
      (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
35
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.
40

Marine and Coastal Access Bill [HL]
Schedule 3 — Transfer schemes
221

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
5
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
10
(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
15
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
20
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
25
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.
30
      (2)
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
(b)
which is in the process of being done by or in relation to the
transferor immediately before the transfer date.
35
Documents
12
In any document which—
(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.
40

Marine and Coastal Access Bill [HL]
Schedule 3 — Transfer schemes
222

Remedies
13
As from the date on which a transfer takes effect—
(a)
the transferee, and
(b)
any other persons,

are to have the same rights, powers and remedies with regard to any right
5
or liability transferred as if the right or liability had at all times been a right
or liability of the transferee.
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—
10
(a)
any designated premises or facilities occupied or used by the
transferor;
(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—
15
(a)
beginning with the day following the making of the scheme, and
(b)
ending with the date on which the transfer takes effect.
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
20
scheme shall be taken to have come into force with such modifications as
may be specified in the direction.
      (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
25
(b)
in connection with giving effect to that provision from that time, may
contain such incidental, consequential, supplemental, or transitional
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
30
transitional provision or savings as the Secretary of State thinks fit.