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Statutory Instrument 1991 No. 283

Scottish Enterprise and Highlands and Islands Enterprise (Transfer of Property, Rights and Liabilities) Order 1991

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1991 No. 283

EMPLOYMENT AND TRAINING

INDUSTRIAL DEVELOPMENT

Scottish Enterprise and Highlands and Islands Enterprise (Transfer of Property, Rights and Liabilities) Order 1991

Made20th February 1991
Coming into force1st April 1991

    Whereas in the opinion of the Secretary of State all the property, rights and liabilities of the part of the department of the Secretary of State for Employment known as the Training Agency in Scotland immediately before the coming into force of this Order are properties, rights and liabilities to which he is entitled or subject in connection with the carrying out by him in Scotland of functions conferred by or under the Employment and Training Act 1973[1].
    Now, therefore, the Secretary of State in exercise of the powers conferred on him by section 22(4) and (6) of the Enterprise and New Towns (Scotland) Act 1990[2] ("the 1990 Act"), and of all other powers enabling him in that behalf, hereby makes the following Order:—
    Citation and commencement
        1.    This Order may be cited as the Scottish Enterprise and Highlands and Islands Enterprise (Transfer of Property, Rights and Liabilities) Order 1991 and shall come into force on 1st April 1991.
    Interpretation
        2.    In this Order—
       (a) "Highlands and Islands Enterprise area" means the area within or in relation to which the functions of Highlands and Islands Enterprise (established by section 1(b) of the 1990 Act) are exercisable by virtue of section 21(1) of the 1990 Act[3]; and
       (b) "relevant properly, rights and liabilities" means the property of the Secretary of State to which he is entitled for the purposes of the part of his department known immediately before the coming into force of this Order as the Training Agency in Scotland and the rights and liabilities to which he is entitled or subject resulting from the exercise of the functions discharged by the said Training Agency in Scotland (being property, rights and liabilities connected with the carrying out by him in Scotland of functions conferred by or under the Employment and Training Act 1973), including the rights under the leases listed in the Schedule to this Order but excluding—
         (i) any land or interest in land not listed in the Schedule to this Order;
         (ii) any rights or liabilities which arise from a contract which terminates on or before 31 March 1991; and
         (iii) any property, rights and liabilities which are connected with the administering of the Technical and Vocational Education Initiative.
    Transfer of property etc. to Scottish Enterprise and Highlands and Islands Enterprise
        3.    Upon the coming into force of this Order there shall be transferred—
       (a) to Highlands and Islands Enterprise all relevant property, rights and liabilities situated in or referable to Highlands and Islands Enterprise area; and
       (b) to Scottish Enterprise (established by section 1 (a) of the 1990 Act) all remaining relevant property, rights and liabilities including the rights under the leases listed in the Schedule to this Order.
    Incidental and transitional provisions
        4.    Anything done or in the process of being done by or in relation to the Secretary of State for the purposes of or in connection with the property, rights and liabilities transferred by this Order shall from the date of such transfer be treated as having been done by or in relation to or shall be continued by or in relation to Scottish Enterprise or Highlands and Islands Enterprise as the case may be and without prejudice to the foregoing provisions of this article—
       (a) any legal proceedings by or in relation to the Secretary of State for the purposes of or in connection with the said property, rights and liabilities may be continued by or in relation to Scottish Enterprise or Highlands and Islands Enterprise;
       (b) every contract or agreement whether written or not to which the Secretary of State is a party for the purposes of or in connection with the said property, rights and liabilities shall have effect in relation to such property, rights and liabilities, in respect of any time falling after the date of transfer, as if Scottish Enterprise or Highlands and Islands Enterprise as the case may be were a party thereto in place of the Secretary of State and as if for each reference therein to the Secretary of State there were substituted a reference to Scottish Enterprise or Highlands and Islands Enterprise;
       (c) every deed, bond, instrument and document relating to property, rights and liabilities of the Secretary of State which by this Order are transferred to Scottish Enterprise or Highlands and Islands Enterprise as the case may be shall have effect in relation to such property, rights and liabilities, in respect of any time falling after the date of transfer, as if, where the Secretary of State is a party thereto Scottish Enterprise or Highlands and Islands Enterprise were substituted as that party and as if for each reference therein to the Secretary of State there were substituted a reference to Scottish Enterprise or Highlands and Islands Enterprise; and
       (d) every contract or agreement and every deed, bond, instrument and document mentioned in paragraph (b) or (c) respectively of this article shall be subject to the following additional modifications, so far as they are applicable—
         (i) as if for a reference (however worded and whether express or implied) to an officer or officers of the Secretary of State there were substituted, in respect of anything done or falling to be done or occurring after the date of transfer, a reference to a member or members or the staff of Scottish Enterprise or Highlands and Islands Enterprise; and
         (ii) as if for a reference to the office or place of business of the Secretary of State there were substituted, in respect of any time falling after the date of transfer, a reference to the office or place of business of Scottish Enterprise or Highlands and Islands Enterprise.


Signed by order of the Secretary of State.

Robert Jackson

Under Secretary of State, Department of Employment

20th February 1991




Notes:

[1] 1973 c. 50; relevant amendments are contained in the Employment Act 1988 (c. 1 9) and the Employment Act 1989 (c. 38).

[2] 1990 c. 35.

[3] No order has been made under section 21(1)(c) of the 1990 Act.

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