Made | 5th March 2003 | ||
To be laid before Parliament | |||
Coming into operation | 1st April 2003 |
Transfer of Functions
3.
The functions exercisable by the Board immediately before the transfer date under -
shall as from that date be exercisable by the Secretary of State.
Transfer of assets and liabilities
4.
- (1) All property, rights and liabilities to which the Board is entitled or subject immediately before the transfer date shall on that date transfer to, and by virtue of this Article vest in, the Secretary of State.
(2) This Article does not apply to rights and liabilities under a contract of employment (which are dealt with in Article 5).
(3) A certificate by the Secretary of State that any property, right or liability has vested in the Secretary of State under this Article shall be conclusive evidence of that fact for all purposes.
Transfer of staff
5.
- (1) Subject to paragraphs (5) and (6), this Article applies to any person who immediately before the transfer date is employed by the Board.
(2) A person to whom this Article applies shall from the transfer date be in the employment of the civil service of Northern Ireland.
(3) Without prejudice to paragraph (2) -
(4) Paragraphs (2) and (3) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this Article.
(5) This Article does not apply to a person if his contract of employment terminates on the day immediately before the transfer date.
(6) Where a person -
he shall be treated as if he were a person for whom this Article applies.
References to, and acts, etc. done by or in relation to the Board
6.
- (1) Any reference in any statutory provision or document passed or made before the transfer date to the Board shall, in relation to any time after the transfer date, only so far as may be necessary for the purpose of the transfer of functions by this Order be construed as a reference to the Secretary of State.
(2) Nothing in this Order affects the validity of any document made or issued or any other act done by, or in relation to, the Board before the transfer date; and any such document or act shall, if in force immediately before that date, continue in force to the same extent and subject to the same provisions as if it had been duly made, issued or done by, or in relation to, the Secretary of State.
(3) Anything (including any legal proceedings) in the process of being done by or in relation to the Board immediately before the transfer date may be continued by or in relation to the Secretary of State.
Dissolution of the Board
7.
The Board is hereby dissolved
Paul Murphy
One of Her Majesty's Principal Secretaries of State
Northern Ireland Office
5th March 2003