ContinuityE+W+S
Valid from 12/01/2000
415 Continuity.E+W+S
(1)None of the following, that is to say—
(a)the abolition or dissolution by or under this Act of any body or office,
(b)the transfer, repeal or revocation by or under this Act of any functions, or
(c)the transfer by or under this Act of any property, rights or liabilities,
shall affect the validity of anything done before the abolition, dissolution, transfer, repeal or revocation takes effect.
(2)Subsections (3) to (5) below apply where any functions, property, rights or liabilities are transferred by or under this Act from a body or person (“the transferor”) to another body or person (“the transferee”).
(3)There may be continued by or in relation to the transferee anything (including legal proceedings) which—
(a)relates to any of the functions, property, rights or liabilities transferred, and
(b)is in the process of being done by or in relation to the transferor immediately before the transfer takes effect.
(4)Anything which—
(a)was made or done by or in relation to the transferor for the purposes of or otherwise in connection with any of the functions, property, rights or liabilities transferred, and
(b)is in effect immediately before the transfer takes effect,
shall have effect as if made or done by or in relation to the transferee.
(5)The transferee shall be substituted for the transferor in any instruments, contracts or legal proceedings which—
(a)relate to any of the functions, property, rights or liabilities transferred, and
(b)are made or commenced before the transfer takes effect.
(6)Any reference in this section to anything made or done by or in relation to the transferor includes a reference to anything which by virtue of any enactment is treated as having been made or done by or in relation to the transferor.
(7)Any question under this section as to—
(a)whether any particular functions, property, rights or liabilities are transferred by or under this Act, or
(b)the body to which, or person to whom, any particular functions, property, rights or liabilities are so transferred,
may be determined by a direction given by the Secretary of State.
(8)Subsections (1) to (7) above are without prejudice to any provision made by or under this Act in relation to any particular functions.
(9)Subsections (3) to (5) above do not apply in relation to the transfer of functions, property, rights and liabilities to the extent that the provision by which, or the order or instrument under which, the transfer is made provides otherwise.
(10)Nothing in this section shall be construed—
(a)as continuing in force any contract of employment; or
(b)as transferring any rights or liabilities relating to pensions.
Modifications etc. (not altering text)
C1S. 415 excluded (13.3.2000) by S.I. 2000/412, art. 5
C2S. 415(3)-(5) applied (with modifications) (3.7.2000) by S.I. 2000/1552, art. 6
416 Repeal and re-enactment: supplementary provisions.E+W+S
(1)Where—
(a)provision is made by or under this Act for the repeal and re-enactment (with or without modifications) of any provision of the M1London Regional Transport Act 1984, and
(b)the provision as re-enacted (“the new provision”) comes into force before the repeal of the provision of the M2London Regional Transport Act 1984 (“the old provision”),
subsection (2) below shall apply.
(2)Where this subsection applies, the provision that may be made by the Secretary of State under or by virtue of any power to make transitional provision by order under any provision of this Part includes power to make provision—
(a)for any reference to the old provision in any relevant document to be construed as, or as including, a reference to the new provision, or
(b)for anything made or done, or having effect as if made or done, under or by virtue of the old provision, to have effect, to the extent that it could have been made or done under or by virtue of the new provision, as if made or done under or by virtue of the new provision,
notwithstanding that the repeal of the old provision has not come into force.
(3)In subsection (2) above “relevant document” means—
(a)any enactment;
(b)any instrument made under an enactment;
(c)any deed or other instrument;
(d)any agreement;
(e)any document not falling within the other paragraphs of this subsection.
(4)An order under subsection (2) above may make provision—
(a)in relation to all provisions falling within subsection (1)(b) above or such of those provisions as may be specified or described in the order; and
(b)generally or in relation to such cases or circumstances, or such relevant documents or descriptions of relevant documents, as may be so specified or described.
(5)Subsections (6) to (8) below have effect in relation to any agreement made by London Regional Transport under or by virtue of paragraph (a) of section 3(2A) of the M3London Regional Transport Act 1984 (whether or not the agreement is a transport subsidiary’s agreement or has effect as if made under or by virtue of section 156(3) of this Act by Transport for London).
(6)In the case of any such agreement—
(a)no provision of the agreement shall operate or cease to have effect, and
(b)no rights under the agreement shall operate or become exercisable,
by reason only that a statutory duty exercisable by any body or person (“the predecessor”) becomes exercisable instead by another body or person (“the transferee”) in consequence of any provision made by or under this Act for the repeal and re-enactment (with or without modifications) of the provision imposing the statutory duty.
(7)Accordingly, any such agreement shall continue in force and have effect as if the predecessor and the transferee were in law the same person and as if there had been no change in the body or person by whom the statutory duty is exercisable.
(8)In any such agreement, or any agreement made in connection with such an agreement, any reference to London Regional Transport’s duties under the M4London Regional Transport Act 1984 shall be taken as including a reference to the corresponding duties of Transport for London or the Authority (whether acting by the Mayor, the Assembly or the Mayor and Assembly acting jointly) under this Act.
(9)This section is without prejudice to—
(a)any power conferred by any other provision of this Act; and
(b)sections 15 to 17 of the M5Interpretation Act 1978.
Commencement Information
I1S. 416 wholly in force at 12.1.2000; by virtue of s. 425(2) it is provided that the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 416 in force at 12.1.2000 by S.I. 1999/3434, art. 2
Marginal Citations