Commissioners for Revenue and Customs Act 2005

48 Transfer of property, &c.: general U.K.

(1) Upon commencement the property, rights and liabilities of any of the old commissioners shall by virtue of this section vest in the new commissioners.

(2) Anything done by, on behalf of or in relation to any of the old commissioners which has effect immediately before commencement shall continue to have effect as if done by, on behalf of or in relation to the new commissioners.

(3) Anything (including any legal proceedings) which immediately before commencement is in the process of being done by, on behalf of or in relation to any of the old commissioners may be continued by, on behalf of or in relation to the new commissioners.

(4) Upon commencement the property, rights and liabilities of any of the old officers shall by virtue of this section vest in the officers of Revenue and Customs.

(5) Anything done by, on behalf of or in relation to any of the old officers which has effect immediately before commencement shall continue to have effect as if done by, on behalf of or in relation to an officer of Revenue and Customs.

(6) Anything (including any legal proceedings) which immediately before commencement is in the process of being done by, on behalf of or in relation to any of the old officers may be continued by, on behalf of or in relation to an officer of Revenue and Customs.

(7) So far as is necessary or appropriate in consequence of section 5 or the preceding provisions of this section, on and after commencement—

(a) a reference to any of the old commissioners in an agreement (whether written or not), instrument or other document shall be treated as a reference to the new commissioners, and

(b) a reference in an agreement (whether written or not), instrument or other document to any of the old officers shall be treated as a reference to an officer of Revenue and Customs.

(8) This section shall operate in relation to property, rights or liabilities—

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

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

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

(9) In this section—

• “commencement” means the time appointed under section 53 for the commencement of section 5,

• “rights and liabilities” includes rights and liabilities relating to employment,

• “the old commissioners” means—

  (a)

  the Commissioners of Inland Revenue, and

  (b)

  the Commissioners of Customs and Excise,

• “the old officers” means any of the persons listed in section 6(2) or 7(3), and

• “the new commissioners” means the Commissioners for Her Majesty’s Revenue and Customs.

(10) This section is subject to section 49.

Commencement Information

I1 S. 48 in force at 7.4.2005 by S.I. 2005/1126, art. 2(1)