SCHEDULES

SCHEDULE 4Transfer of employees and property etc of Legal Services Commission

Part 3Supplementary

Disapplying restrictions on transfer

8

Paragraphs 1, 6 and 7 and schemes under paragraph 4 have effect in relation to property, rights, powers, duties and liabilities in spite of any provision (of any nature) which would otherwise prevent or restrict their transfer.

Certificate

9

A certificate issued by the Lord Chancellor stating that anything specified in the certificate has vested in a person specified in the certificate by virtue of any of paragraphs 1, 6 and 7 or a scheme under paragraph 4 is conclusive evidence of that fact for all purposes.

Validity

10

The transfer of property, rights, powers, duties or liabilities by any of paragraphs 1, 6 and 7 or a scheme under paragraph 4 does not affect the validity of anything done by or in relation to the LSC before that paragraph or scheme has effect.

Power to make further provision

11

1

The Lord Chancellor may by regulations make consequential, supplementary, incidental, transitional, transitory or saving provision in connection with—

a

transfers effected by this Schedule, or

b

schemes made under this Schedule.

2

The regulations may, in particular, include provision modifying an enactment (whenever passed or made), including this Schedule.

Interpretation

12

1

In this Schedule—

  • “the LSC” means the Legal Services Commission;

  • “the transfer day” means the day on which section 38(1) comes into force (subject to regulations under sub-paragraph (2));

  • “enactment” means an enactment contained in an Act or an instrument made under an Act (and “Act” includes an Act or Measure of the National Assembly for Wales).

2

The Lord Chancellor may by regulations amend or otherwise modify the definition of “the transfer day” in sub-paragraph (1).