Clean Neighbourhoods and Environment Act 2005

90 Power to dissolve the Commission E+W

(1) The Secretary of State may by order make provision for the dissolution of the Commission.

(2) An order under this section may, in particular—

(a) provide for the transfer of the property, rights or liabilities of the Commission to another person;

(b) make provision enabling a person to receive anything transferred under paragraph (a) (despite any provision which would otherwise prevent, penalise or restrict it);

(c) provide for the transfer of some or all of the functions of the Commission to another person;

(d) establish a body corporate;

(e) provide for anything done by or in relation to the Commission to have effect as if done by or in relation to another person;

(f) permit anything (which may include legal proceedings) which is in the process of being done by or in relation to the Commission when a transfer takes effect, to be continued by or in relation to another person;

(g) provide for a reference to the Commission in an enactment, instrument or other document to be treated as a reference to another person.

(3) The Secretary of State may not make an order under this section providing for the transfer of property, rights, liabilities or functions to a person unless the person has consented to the transfer.

(4) An order under this section which transfers rights and liabilities relating to employees of the Commission must make provision for the [F1 Transfer of Undertakings (Protection of Employment) Regulations 2006] to apply to that transfer.

Textual Amendments

F1 Words in s. 90(4) 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(k)

Commencement Information

I1 S. 90 in force at 1.1.2006 by S.I. 2005/3439, art. 2