The Thurrock Development Corporation (Transfer of Property, Rights and Liabilities) Order 2012

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Thurrock Development Corporation (Transfer of Property, Rights and Liabilities) Order 2012 and shall come into force on 31st March 2012.

(2) In this Order—

“commencement date” means the date on which this Order comes into force;

“the Corporation” means Thurrock Development Corporation; and

“the Council” means Thurrock Borough Council.

Transfer of property, rights and liabilities

2.—(1) All property rights and liabilities vested in the Corporation on the commencement date are transferred to the Council on that date.

(2) Paragraph (1) does not apply to the property, rights and liabilities specified in the retained list.

(3) Any property, rights and liabilities remaining vested in the Corporation immediately before the dissolution date are transferred to the Council on that date.

(4) In this article a reference to property, rights and liabilities does not include rights and liabilities in relation to a pension scheme established under section 7 of the Superannuation Act 1972(1).

(5) Nothing in this article transfers to the Council rights and liabilities under a contract of employment.

(6) In this article—

“dissolution date” means the date on which the Corporation is dissolved by order under section 166(2) of the Local Government, Planning and Land Act 1980; and

“retained list” means the document “Property, rights and liabilities retained by Thurrock Development Corporation for the purposes of preparing its final accounts and report and winding up its affairs” dated 23rd February 2012, a copy of which has been deposited in the offices of the Secretary of State(3).

Transfer of rights and liabilities under contracts of employment

3.—(1) On the commencement date the rights and liabilities vested in the Corporation under the contracts of employment of the transferring employees are transferred to the Council.

(2) The transfer by virtue of paragraph (1) is to be treated as a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006(4).

(3) Paragraph (1) does not affect the operation of those Regulations in relation to that transfer.

(4) In this article “transferring employee” means any person who, immediately before the commencement date, was employed by the Corporation in one of the posts listed in the Schedule to this Order.

Transfers: further provision

4.  A transfer under this Order operates in relation to property, rights and liabilities—

(a) whether or not they would otherwise be capable of being transferred;

(b) without any instrument or other formality being required; and

(c) irrespective of any requirement for consent that would otherwise be required.

Signed by authority of the Secretary of State for Communities and Local Government

Bob Neill

Parliamentary Under Secretary of State

Department for Communities and Local Government

27th February 2012