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31(1)Subject to the provisions of this paragraph, sections 115, 116, 117(3) to (5) and 118 of this Act shall apply in relation to the transfer of functions under paragraph 28 above as they apply in relation to the transfer of functions under section 114 of this Act.
(2)Subject to sub-paragraphs (5) and (6)(b) below, for references in those provisions to the Secretary of State, a designated agency and a delegation order there shall be substituted respectively references to [F1the Commission], a transferee body and a transfer order.
(3)[F1The Commission] may not exercise the powers conferred by subsections (1) and (2) of section 115 except with the consent of the Secretary of State.
(4)In subsection (3) of section 115 for the reference to Schedule 7 to this Act there shall be substituted a reference to that Schedule as it has effect by virtue of paragraph 28(3) above and in subsection (5) of that section for the reference to section 114(9)(b) of this Act there shall be substituted a reference to paragraph 29(b) above.
(5)Section 118(3)(b) shall have effect as if the reference to any provision applying to the Secretary of State were a reference to any provision applying to the Secretary of State or [F1the Commission].
(6)In Schedule 9 to this Act—
(a)paragraph 1(2) and (3) shall be omitted;
(b)paragraph 4 shall have effect as if the references to the Secretary of State were references to the Secretary of State and [F1the Commission];
(c)paragraph 5 shall have effect [F2as if the reference to section 205A were a reference to paragraph 45(1) and (3) below];
(d)paragraph 12(3) shall have effect as if the reference to section 114(9) were a reference to paragraph 29 above.
(7)The power mentioned in paragraph 2(3) of Schedule 9 to this Act shall not be exercisable on the ground that the company has ceased to be a designated agency or, as the case may be, a transferee body if the company remains a transferee body or, as the case may be, a designated agency.
Textual Amendments
F1Words in Sch. 11 substituted (1.2.1993 for specified purposes and 1.1.1994 for all remaining purposes) by Friendly Societies Act 1992 (c. 40), s. 98, Sch. 18 Pt. II para. 10(1) (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch.4; S.I. 1993/2213, art. 2(1), Sch.5.
F2Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 206(1), Sch. 23 para. 39
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