Horserace Betting and Olympic Lottery Act 2004

3 Sections 1 and 2: supplemental E+W+S

(1) Anything done by or in relation to the Horserace Totalisator Board which has effect immediately before the appointed day shall continue to have effect as if done by or in relation to the successor company.

(2) Anything (including any legal proceedings) which immediately before the appointed day is in the process of being done by or in relation to the Board may be continued by or in relation to the successor company.

(3) So far as necessary or appropriate in consequence of section 2, on and after the appointed day—

(a) a reference to the Board in an agreement (whether written or not), instrument or other document shall be treated as a reference to the successor company, and

(b) a reference in an agreement (whether written or not), instrument or other document to a member or officer of the Board shall be treated as a reference either—

(i) to a person appointed for the purpose in writing by the successor company, or

(ii) where no person is appointed under sub-paragraph (i), to the person who most nearly corresponds in relation to the successor company to that member or officer of the Board.

(4) The successor company shall provide information on request about an appointment under subsection (3)(b)(i).

(5) Section 2(1) shall operate in relation to property, rights or liabilities—

(a) whether or not they would otherwise be capable of being transferred by the Board,

(b) without any instrument or other formality being required, and

(c) irrespective of any requirement for consent that would otherwise apply.

(6) In so far as section 2 transfers to the successor company liabilities under contracts of employment—

(a) nothing in that section or this section shall affect the operation of the [F1 Transfer of Undertakings (Protection of Employment) Regulations 2006], and

(b) the Secretary of State shall not appoint the appointed day unless satisfied that sufficient notice has been given to enable compliance with any applicable requirement of those regulations.

(7) An order under section 1 may include consequential, incidental or transitional provision.

(8) The Secretary of State shall consult the Board before nominating the successor company.

(9) The Secretary of State shall consult the Board and the successor company before appointing the appointed day.

(10) A nomination under section 2(2)(a) may be revoked (and replaced) before the appointed day.

Textual Amendments

F1 Words in s. 3(6)(a) substituted (with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 1(j)

Commencement Information

I1 S. 3 in force at 25.2.2011 by S.I. 2011/462, art. 2