Office of Public Sector Information
Section 1(6).
1 Without prejudice to any powers of the Corporation or Board apart from this paragraph, the Corporation and Board may each do before the appointed day anything which in their opinion is appropriate for the purpose of facilitating the vesting in the successor company by virtue of section 1 of this Act of the property, rights and liabilities of the Corporation or Board.
2 Any agreement made, transaction effected or other thing done by, to or in relation to the Corporation or Board which is in force or effective immediately before the appointed day shall have effect as from that day as if made, effected or done by, to or in relation to the successor company, in all respects as if the successor company were the same person, in law, as the Corporation and the Board; and accordingly references to the Corporation or Board—
(a) in any agreement (whether or not in writing) and in any deed, bond or instrument,
(b) in any process or other document issued, prepared or employed for the purpose of any proceeding before any court or other tribunal or authority, and
(c) in any other document whatever (other than an enactment) relating to or affecting any property, right or liability of the Corporation or Board which vests by virtue of section 1 of this Act in the successor company,
shall be taken as from the appointed day as referring to the successor company.
3 Where immediately before the appointed day there is in force an agreement which—
(a) confers or imposes on the Corporation or Board any rights or liabilities which vest in the successor company by virtue of section 1 of this Act, and
(b) refers (in whatever terms and whether expressly or by implication) to a member or officer of the Corporation or Board,
the agreement shall have effect, in relation to anything falling to be done on or after that day, as if for that reference there were substituted a reference to such person as that company may appoint or, in default of appointment, to the officer of that company who corresponds as nearly as may be to the member or officer of the Corporation or Board in question.
4 (1) It is hereby declared for the avoidance of doubt that—
(a) the effect of section 1 of this Act in relation to any contract of employment with the Corporation or Board in force immediately before the appointed day is merely to modify the contract (as from that day) by substituting the successor company as the employer (and not to terminate the contract or vary it in any other way); and
(b) that section is effective to vest the rights and liabilities of the Corporation or Board under any agreement or arrangement for the payment of pensions, allowances or gratuities in the successor company along with all other rights and liabilities of the Corporation or Board.
(2) Accordingly, for the purposes of any such agreement or arrangement as it has effect as from the appointed day—
(a) any period of employment with, or with a subsidiary of, the Corporation or Board, and
(b) any period of employment which would, immediately before that day, have been treated as such employment for the purposes of any such agreement or arrangement,
shall count as employment with, or with that subsidiary of, the successor company.
5 In the [1975 c. 24.] House of Commons Disqualification Act 1975, in Part III of Schedule 1 (other disqualifying offices) there shall be inserted at the appropriate place— “girector of the successor company (within the meaning of the British Technology Group Act 1991) being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown”;and a corresponding amendment shall be made in Part III of Schedule 1 to the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975.
Section 17(2).
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1967 c. 32. | The Development of Inventions Act 1967. | Sections 2 to 13.Section 15(3) to (8).In the Schedule, paragraphs 4 to 8. |
| 1972 c. 11. | The Superannuation Act 1972. | In Schedule 4 the entry relating to the National Research Development Corporation. |
| 1975 c. 68. | The Industry Act 1975. | Part I except section 1.In section 13(2) the words “the Board or” in both places.In section 14(1) and (4) the words “or the Board”.In section 16(1)(b) and (4) the words “or the Board”.In section 19(3)(i) the words “the Board or”.In section 20(3) the words “, the Board”.Section 26.In section 37, in subsection (1) the definitions of “accounting year” and “wholly owned subsidiary” and subsections (2) and (4).In Schedule 1, paragraphs 7 to 10, 18, 19 and 20.Schedule 2. |
| 1979 c. 32. | The Industry Act 1979. | In section 1, in subsection (1) the words “section 8 of the Industry Act 1975”, “the National Enterprise Board” and “that Board and”, in subsections (5) and (7) the figure “8” and in subsection (6) the figure “8(4)(b)” and the words “the Board or”.In the Schedule the entry relating to the Industry Act 1975. |
| 1980 c. 33. | The Industry Act 1980. | Section 1(1).In section 2, in subsection (1) the words “the National Enterprise Board” and paragraph (a) and in subsections (2) and (3) the words “the National Enterprise Board”.Section 4(1).Section 5(3) and (5).Section 6(1).Section 8(1).In section 21(2) the words “section 2(2) of the Industry Act 1975” and “the National Enterprise Board”. |
| 1980 c. 65. | The Local Government, Planning and Land Act 1980. | In section 170(2) the words “and the National Enterprise Board”. |
| 1981 c. 6. | The Industry Act 1981. | Section 1. |
| 1981 c. 68. | The Broadcasting Act 1981. | In section 65(2) the words “each of section 9 of the Industry Act 1975 and”.In Part II of Schedule 3 the entry relating to section 9 of the Industry Act 1975. |
| 1983 c. 29. | The Miscellaneous Finan- cial Provisions Act 1983. | In Schedule 2 the entry relating to the Industry Act 1975. |
| 1985 c. 9. | The Companies Consoli- dation (Consequential Provisions) Act 1985. | In Schedule 2 the entry relating to section 12(3) of the Development of Inventions Act 1967, in the entry relating to section 37(1) of the Industry Act 1975 the words from “and in the definition of “wholly-owned subsidiary”” onwards and the entries relating to Schedules 1 and 2 to that Act. |
| 1986 c. 60. | The Financial Services Act 1986. | In Schedule 16, paragraph 10. |
| 1988 c. 50. | The Housing Act 1988. | In Schedule 9, in paragraph 4(b) the words “the National Enterprise Board”. |
| 1989 c. 43. | The Statute Law (Repeals) Act 1989. | In Schedule 2, paragraph 13. |
| 1990 c. 42. | The Broadcasting Act 1990. | In Schedule 20, paragraph 22.In Schedule 22, paragraph 5(2)(a). |
| Repeals on dissolution of Corporation | Chapter | Short title | Extent of repeal |
|---|---|---|---|
| 1967 c. 32. | The Development of Inventions Act 1967. | Section 1.Section 15(1) and (2).The Schedule so far as unrepealed. | |
| 1975 c. 24. | The House of Commons Disqualification Act 1975. | In Part III of Schedule 1 the entries relating to the chairman and managing director of the National Research Development Corporation. | |
| 1975 c. 25. | The Northern Ireland Assembly Disqualifi- cation Act 1975. | In Part II of Schedule 1 the entry relating to members of the National Research Development Corporation. |
| Repeals on dissolution of Board | Chapter | Short title | Extent of repeal |
|---|---|---|---|
| 1975 c. 24. | The House of Commons Disqualification Act 1975. | In Part III of Schedule 1 the entries relating to the chairman and chief executive of the National Enterprise Board. | |
| 1975 c. 25. | The Northern Ireland Assembly Disqualifi- cation Act 1975. | In Part II of Schedule 1 the entry relating to the National Enterprise Board and in Part III of that Schedule the entry relating to the chief executive of the National Enterprise Board. | |
| 1975 c. 68. | The Industry Act 1975. | Section 1.Schedule 1 so far as unrepealed. | |
| 1980 c. 33. | The Industry Act 1980. | Section 7. |
British Technology Group Act 1991