Statutory Instrument 1994 No. 555

The Agricultural Training Board (Revocation) Order 1994

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© Crown Copyright 1994

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1994 No. 555

EMPLOYMENT AND TRAINING

The Agricultural Training Board (Revocation) Order 1994

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly in exercise of the powers conferred on them by sections 1(2), 3(1)(b), (5) and (6) of the Agricultural Training Board Act 1982^[1] and of all other powers enabling them in that behalf, after the carrying out by them of consultations in accordance with section 3(3) of that Act, hereby make the following Order:—

Citation, commencement and interpretation
    1.—(1)  This Order may be cited as the Agricultural Training Board (Revocation) Order 1994.

    (2)  The provisions of this Order other than Article 3 shall come into force on 29th March 1994.

    (3)  Article 3 of this Order shall come into force on 1st October 1994.

    (4)  In This Order—

"the Act" means the Agricultural Training Board Act 1982^[2];


"ATB-Landbase" means the company limited by guarantee of that name;


"the Board" means the Agricultural Training Board established by the Industrial Training (Agricultural, Horticultural and Forestry Board) Order 1966^[3];


"Ministers" means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly;


"the net assets" means the assets which are not required to meet the liabilities of the Board and the expenses of its winding up;


"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, and may not incur any new liabilities, except in so far as continued exercise of those functions may be necessary or expedient for the purpose of preparing a final report to Ministers.

    (3)  Any undischarged liabilities incurred by the Board before the coming into force of this Article are hereby transferred to ATB-Landbase.

    (4)  On or after the coming into force of this Article the net assets of the Board all of which are transferred to ATB-Landbase under Article 4(1) below shall be applied for charitable purposes, related to or in connection with training for employment.

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

Revocation
    3.    The Industrial Training (Agricultural, Horticultural and Forestry Board) Order 1966^[4] is hereby revoked.

Incidental, transitional or consequential matters
    4.—(1)  All property (including records) and rights to which the Board was entitled immediately before the coming into force of this Article are hereby transferred to and shall vest in ATB-Landbase.

    (2)  Any legal proceedings which, but for the revocation 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 ATB-Landbase.

    (3)  Every contract, agreement, licence and authority, whether written or not, and every deed, bond, instrument and document made before the coming into force of this Article and still in effect at that time, which related to property or rights 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 ATB-Landbase 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 done or falling to be done or occurring after that time, be substituted a reference to ATB-Landbase;
 (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 of falling to be done or occurring on or after the coming into force of this Article, a reference to such officers or officer as ATB-Landbase shall apppoint 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 ATB-Landbase.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is affixed on


Gillian Shephard

Minister of Agriculture, Fisheries and Food

28th February 1994.

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

1st March 1994

John Redwood

Secretary of State for Wales

7th March 1994

This Order provides for the winding up of the Agricultural Training Board which was established by the Industrial Training (Agricultural, Horticultural and Forestry Board) Order 1966, and for the revocation of that Order. Any assets remaining on the completion of the winding up are transferred to ATB-Landbase, a charitable company limited by guarantee.

[1] 1982 c. 9. back

[2] 1982 c. 9; as amended by the Agricultural Training Board Act 1985 (c. 36) and the Agricultural Training Board Act 1987 (c. 29). back

[3] S.I. 1966/969, amended by S.I. 1970/886 and S.I. 1975/985. back

[4] S.I. 1966/969. back