Statutory Instrument 1992 No. 1895

The Industrial Training (Road Transport Board) (Revocation) Order 1992

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© Crown Copyright 1992

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1992 No. 1895

EMPLOYMENT AND TRAINING

The Industrial Training (Road Transport Board) (Revocation) Order 1992

The Secretary of State, in exercise of the powers conferred on her by sections 1(1) and (7) and 4(1) and (2)(b) of the Industrial Training Act 1982^[1] and of all other powers enablingher in that behalf, after the carrying out by her of consultations in accordance with section 1(4) of that Act, hereby makes the following Order:—

Citation, commencement and interpretation
    1.—(1)  This Order may be cited as the Industrial Training (Road Transport Board) (Revocation) Order 1992.

    (2)  The provisions of this Order (except articles 3 and 4) shall come into force on1st September 1992.

    (3)  Articles 3 and 4 of this Order shall come into force on 30th September 1992.

    (4)  In this Order—
 (a) "the Act" means the Industrial Training Act 1982;
 (b) "the Board" means the Road Transport Industry Training Board established by the Industrial Training (Road Transport Board) Order 1966^[2];
 (c) "the net assets" means the assets which are not required to meet the liabilities of the Board and the expenses of its winding up; and
 (d) "the revocation date" means the date on which article 3 below comes into force.

Winding up of the Board
    2.—(1)  The Board shall be wound up in accordance with the provisions of this article.

    (2)  On the coming into force of this article the Board shall cease to exercise its functions except in so far as continued exercise of those functions may be necessary or expedient for the purpose of winding up.

    (3)  Between the coming into force of this article and the revocation date the Board shall so far as practicable discharge its liabilities.

    (4)  On or after the revocation date the net assets of the Board which are transferred to the Secretary of State under article 4(1) below shall be applied for charitable purposes related to or connected with training for employment.

    (5)  The Board shall for the part of its financial year ending on the revocation date make a final report to the Secretary of State in accordance with section 8 of the Act and that report shall include a statement of accounts of the Board to that date together with a copy of any report made by the auditors on the accounts. The Secretary of State shall lay a copy of the report before Parliament.

Revocation
    3.    The Industrial Training (Road Transport Board) Order 1966 and the Industrial Training (Road Transport Board) Order 1982^[3] are hereby revoked.

Incidental and transitional provisions
    4.—(1)  All property (including records) and rights to which the Board was entitled immediately before the revocation date and any obligation to which the Board was then subject, not having been discharged under article 2(3) above, are hereby transferred to and shall vest in the Secretary of State.

    (2)  Any proceedings which, but for the revocations in article 3 above, could have been commenced or continued by or in relation to the Board, may be commenced or continued by or in relation to the Secretary of State.

    (3)  Every contract, agreement, licence and authority, whether written or not, and every deed, bond, instrument and document made before the revocation date and still in effect at that time, which relates to property, rights or obligations of the Board shall continue in effect but subject to the following modifications, so far as they or any one or more of them are applicable—
 (a) if the Board is a party thereto the Secretary of State shall be substituted as that party;
 (b) for a reference therein (however worded and whether express or implied) to the Board there shall, as respects anything falling to be done or occurring after that time, be substituted a reference to the Secretary of State;
 (c) for a reference therein (however worded and whether express or implied) to the members or any member or to any officer or officers of the Board there shall be substituted, as respects anything done or falling to be done or occurring on or after the revocation date, a reference to such officer or officers as the Secretary of State shall appoint for the relevant purpose; and
 (d) for a reference therein to the office or place of business of the Board there shall be substituted a reference to the office or place of business of the Secretary of State.

Signed by order of the Secretary of State.

Patrick McLoughlin

Parliamentary Under Secretary of State, Department of Employment

30th July 1992

This Order provides—
(a) for the winding up of the Road Transport Industry Training Board (the Board) which was established by the Industrial Training (Road Transport Board) Order 1966. That Order was amended by the Industrial Training (Road Transport Board) Order 1982 (article 2);

(b) for the revocation of the Orders mentioned in (a) above with effect from 30th September 1992 (article 3);

(c) that on or after the revocation date the assets of the Board which are not required to meet its liabilities and the expenses of its winding up are to be applied for charitable purposes related to or connected with training for employment.

The Order also contains incidental and transitional provisions (article 4).

[1] 1982 c. 10; sections 1(4) and (7) and 4(2)(b) were amended by the Employment Act 1989 (c. 38); section 1(4) was substituted by section 23; section 1(7) was amended by section 22(4) and Schedule 4, paragraph 1(4); and section 4(2)(b) was substituted by section 24(2). back

[2] S.I. 1966/1112, amended by S.I. 1982/664. back

[3] S.I. 1982/664. back