§ '.—(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 done by 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 done by 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 done by or in relation to the transferor includes a reference to anything which by virtue of any enactment is treated as having been 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) 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.'—[Mr. Dowd.]
§ Brought up, read the First and Second time, and added to the Bill.