(1)The Secretary of State may by order—
(a)appoint a person as the Administrator (“the new Administrator”) in place of a person previously so appointed by order under this Chapter (“the old Administrator”), and
(b)provide for the transfer of the functions of the old Administrator to the new Administrator.
(2)Only the following persons may be appointed as the Administrator by order under this section—
(a)the Secretary of State;
(b)a body or other person established or appointed by or under any enactment to carry out other functions;
(c)a body corporate established by the order for appointment as the Administrator.
(3)An order under this section that establishes a body for appointment as the Administrator may make any provision that may be made by an RTF order by virtue of section 125.
(4)An order under this section may provide for the transfer of staff of the old Administrator, and of any property, rights or liabilities to which the old Administrator is entitled or subject, to the new Administrator and may, in particular—
(a)provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order;
(b)provide for the creation of interests in, or rights over, property transferred or retained or for the creation of new rights and liabilities;
(c)provide for the order to have effect in spite of anything that would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.
(5)The order may, in particular—
(a)provide for anything done by or in relation to the old Administrator to have effect as if done by or in relation to the new Administrator;
(b)permit anything (which may include legal proceedings) which is in the process of being done by or in relation to the old Administrator when the transfer takes effect to be continued by or in relation to the new Administrator;
(c)provide for a reference to the old Administrator in an instrument or other document to be treated as a reference to the new Administrator;
(d)where the old Administrator was established by order under this Chapter, make provision for the dissolution of the old Administrator;
(e)make such modifications of any enactment relating to the old Administrator or the new Administrator as the Secretary of State considers appropriate for the purpose of facilitating the transfer.
(6)An order under this section that provides for the transfer of staff of the old Administrator to the new Administrator must make provision for the Transfer of Undertakings (Protection of Employment) Regulations 2006 to apply to the transfer.
(7)Subject to subsection (8), an order under this section is subject to the negative resolution procedure.
(8)The power to make an order under this section is subject to the affirmative resolution procedure if the order—
(a)contains provision by virtue of subsection (2)(c), or
(b)makes any modification of an enactment contained in—
(i)an Act of Parliament,
(ii)an Act of the Scottish Parliament,
(iii)a Measure or Act of the National Assembly for Wales, or
(iv)Northern Ireland legislation.]
Textual Amendments
F1Ss. 125-125C substituted for s. 125 (26.1.2009) by Climate Change Act 2008 (c. 27), s. 100(5), Sch. 7 para. 2