SCHEDULES

C1SCHEDULE 8Abolition of SOCA and NPIA

Annotations:
Modifications etc. (not altering text)

C1Part 1Transitional, transitory and saving provision

Continuity in relation to functions

I1C16

1

The abolition of SOCA or the NPIA does not affect the validity of anything done before the abolition.

2

The transfer of a function does not affect the validity of anything done before the transfer.

3

Sub-paragraphs (4) to (6) apply in relation to the transfer of a function.

4

Where anything—

a

relates to the transferred function, and

b

is in the process of being made or done by or in relation to the transferor immediately before the transfer takes effect,

it may be continued afterwards by or in relation to the transferee.

5

Where anything—

a

relates to the transferred function,

b

has been made or done by or in relation to the transferor, and

c

is in effect immediately before the transfer takes effect,

it has effect afterwards as if made or done by or in relation to the transferee.

6

The transferee is to be substituted for the transferor in any documents and other instruments, contracts or legal proceedings which—

a

relate to the transferred function, and

b

are made or commenced before the transfer takes effect.

7

The Secretary of State may, by direction, determine any question under this paragraph as to—

a

whether there has been a transfer of a particular function, or

b

the person to whom there has been a transfer of a particular function.

8

The preceding provisions of this paragraph are without prejudice to the powers under section 60 (transitional, transitory or saving provision).

9

The following provisions of this paragraph apply for the purposes of this paragraph.

10

A reference to—

a

the abolition of SOCA includes a reference to the ending of a person's membership of SOCA or membership of the staff of SOCA;

b

the abolition of the NPIA includes a reference to the ending of a person's membership of the NPIA or membership of the staff of the NPIA.

11

A reference to the transfer of a function is a reference to—

a

the transfer of a SOCA function by or under this Act,

b

the transfer of an NPIA function by or under this Act, and

c

the assumption of a third party function by the NCA.

12

For that purpose—

a

the reference to the transfer of a SOCA function or NPIA function by or under this Act includes a reference to a case where—

i

a SOCA function or NPIA function is abolished, and

ii

a corresponding function is conferred on another person,

by or under this Act;

b

the reference to the assumption of a third party function by the NCA is a reference to the case where—

i

a function (other than a SOCA function or an NPIA function) is exercisable before the changeover by a person (the “third party”),

ii

a corresponding function is included in the NCA functions, and

iii

a person employed by, or otherwise serving, the third party wholly or partly for the purpose of the exercise of the function becomes an NCA officer;

and references to the transferred function, the transferor and the transferee are to be read accordingly.

13

A reference to a thing being, or having been, made or done includes—

a

a reference to—

i

a document or other instrument being, or having been, made or otherwise produced,

ii

a contract being, or having been, agreed, and

iii

legal proceedings being, or having been, brought; and

b

a reference to a thing being, or having been, made or done under—

i

a document or other instrument,

ii

a contract, or

iii

legal proceedings.

14

A reference to a thing which relates to a transferred function includes a reference to a thing made or done for the purposes of, or otherwise in connection with, a transferred function.

15

These expressions have the meanings given—

  • “instrument” includes a designation, authorisation, warrant, or order of any court;

  • “NPIA functions” means functions of—

    1. a

      the NPIA,

    2. b

      a member of the NPIA, or

    3. c

      a member of the staff of the NPIA;

  • “SOCA functions” means functions of—

    1. a

      SOCA,

    2. b

      a member of SOCA, or

    3. c

      a member of the staff of SOCA.