Greater London Authority Act 1999

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)

C1 S. 415 excluded (13.3.2000) by S.I. 2000/412, art. 5

C2 S. 415(3)-(5) applied (with modifications) (3.7.2000) by S.I. 2000/1552, art. 6