Statutory Instrument 1988 No. 1905

Training Commission (Incidental and Transitional Provisions) Order 1988

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1988 No. 1905

TRAINING COMMISSION

Training Commission (Incidental and Transitional Provisions) Order 1988

Whereas the Secretary of State on 15 September 1988 revoked, subject to certain savings, all authorisations or directions made or deemed to have been made in relation to the Training Commission under section 2 or 3 of the Employment and Training Act 1973^[1] (Functions of the Secretary of State and of the Commission) and considers it appropriate to make such incidental and transitional provisions in connection with the said revocation as are contained in this Order:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 25(2) of, and paragraphs 6, 7 and 8 of Schedule 2 to, the Employment Act 1988^[2] and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and commencement
    1.    This Order may be cited as the Training Commission (Incidental and Transitional Provisions) Order 1988 and shall come into force on 1st December 1988.

Interpretation
    2.    In this Order,
"the Commission" means the Training Commission, and
"the revoked functions" means the powers and duties which by virtue of the said revocation, which is set out in the Schedule to this Order, have ceased to apply to the Commission and any activities carried on at any time by the Commission pursuant to those powers and duties.

Transfer of property etc. to the Secretary of State
    3.    There shall be transferred to the Secretary of State all property (other than land or any interest in land) held by the Commission on the commencement of this Order in connection with the carrying out by the Commission of any of the revoked functions.

    4.    There shall be transferred to the Secretary of State all rights and liabilities to which the Commission is entitled or subject (other than any to which it is entitled or subject in connection with an interest in land):—
 (a) in connection with any property transferred by virtue of Article 3; or
 (b) in connection with the carrying out by the Commission of any of the revoked functions.

    5.    Anything done or in the process of being done by or in relation to the Commission for the purposes of or in connection with the revoked functions shall from the commencement of this Order be treated as having been done by or in relation to the Secretary of State or, as the case may be, shall be continued by or in relation to the Secretary of State; and without prejudice to the foregoing provisions of this Article:—
 (a) any legal proceedings by or in relation to the Commission for the purposes of or in connection with the revoked functions may be continued by or in relation to the Secretary of State;
 (b) every contract or other agreement whether written or not (other than one relating to land or any interest in land) to which the Commission is a party for the purposes of or in connection with the revoked functions shall have effect, in respect of any time falling after the commencement of this Order, as if the Secretary of State were a party thereto in place of the Commission and as if for each reference therein to the Commission there were substituted a reference to the Secretary of State;
 (c) every deed, bond, instrument and document relating to property, rights or liabilities of the Commission which by this Order are transferred to the Secretary of State shall have effect, in respect of any time falling after such commencement, as if, where the Commission is a party thereto, the Secretary of State were substituted as that party and as if for each reference therein to the Commission there were substituted a reference to the Secretary of State; and
 (d) every contract or other agreement and every deed, bond, instrument and document mentioned in paragraph (b) or (c) respectively of this Article shall be subject to the following additional modifications, so far as they are applicable—
 (i) as if for a reference (however worded and whether express or implied) to the chairman or deputy chairman or the members or any member of the Commission there were substituted, in respect of anything done or falling to be done or occurring after such commencement, a reference to such officer or officers as the Secretary of State shall appoint for the purpose; and
 (ii) as if for a reference to the office or place of business of the Commission there were substituted, in respect of any time falling after such commencement, a reference to the office or place of business of the Secretary of State.

Signed by order of the Secretary of State.

John Cope

Minister of State, Department of Employment

27th October 1988

[1] 1973 c. 50; sections 2 and 3 were substituted by section 25 of the Employment Act 1988 (c. 19), and for transitional purposes paragraph 4 of Schedule 2 to the latter Act deemed certain authorisations or, as the case may be, directions to have been made under the said sections 2 and 3. back

[2] 1988 c. 19; section 25(2) of the Act gives effect to Schedule 2. back

Explanatory Note