The London Thames Gateway Development Corporation (Transfer of Property, Rights and Liabilities) (Greater London Authority) Order 2012

Citation, commencement and interpretation

1.—(1) This Order may be cited as the London Thames Gateway Development Corporation (Transfer of Property, Rights and Liabilities) (Greater London Authority) Order 2012 and shall come into force on 16th April 2012.

(2) In this Order—

“commencement date” means the date on which this Order comes into force;

“the Corporation” means the London Thames Gateway Development Corporation;

“the GLA” means the Greater London Authority; and

“transferring employee” means any person who, immediately before the commencement date, was employed by the Corporation in one of the posts listed in Part 6 of the Schedule.

Property, rights and liabilities

2.—(1) The property, rights and liabilities which are—

(a) specified in paragraph (2), and

(b) vested in the Corporation immediately before the commencement date,

are transferred to the GLA on that date.

(2) The property, rights and liabilities mentioned in paragraph (1)(a) are—

(a) the land specified in Part 1 of the Schedule together with all property, rights and liabilities which the Corporation has in relation to that land;

(b) the assets specified in Part 2 of the Schedule; and

(c) all property, rights and liabilities which the Corporation has in relation to—

(i) the grants awarded by the Corporation which are specified in Part 3 of the Schedule,

(ii) the grants awarded to the Corporation which are specified in Part 4 of the Schedule, and

(iii) the contracts specified in Part 5 of the Schedule.

(3) The property, rights and liabilities mentioned in paragraph (2)(a) include (but are not limited to) any leases, tenancies, licences, agreements, planning agreements, infrastructure agreements, easements, wayleaves, development agreements, building contracts, appointments and encumbrances on title.

Employees

3.—(1) On the commencement date all property, rights and liabilities which the Corporation has in relation to the contracts of employment of the transferring employees are transferred to the GLA.

(2) The transfer by virtue of paragraph (1) is to be treated as a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006(1).

(3) Paragraph (1) does not affect the operation of those Regulations in relation to that transfer.

Pensions

4.—(1) On the commencement date all property, rights and liabilities which the Corporation has in relation to the transferring employees under a relevant pension scheme are transferred to the GLA.

(2) In paragraph (1) “relevant pension scheme” means a pension scheme established under section 7 of the Superannuation Act 1972(2).

Transfers: further provision

5.  A transfer under this Order operates in relation to property, rights and 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 be required.

Signed by authority of the Secretary of State for Communities and Local Government

Bob Neill

Parliamentary Under Secretary of State

Department for Communities and Local Government

19th March 2012