The Research Councils (Transfer of Property etc) Order 2007

• Citation: S.I. 2007/770
• Sections: 9

Section 1 Citation and commencement

This Order may be cited as the Research Councils (Transfer of Property etc) Order 2007 and shall come into force on 1st April 2007.

Section 2 Interpretation

In this Order—

“ CCLRC ” means the Council for the Central Laboratory of the Research Councils;

“ PPARC ” means the Particle Physics and Astronomy Research Council; and

“ STFC ” means the Science and Technology Facilities Council.

Section 3 Transfer to take effect by virtue of this Order alone so far as applicable laws permit

(1) Subject only to the matters specified in paragraph (2), all property, rights, liabilities and obligations held, acquired or incurred by CCLRC or PPARC, whether before, on, or after 1st April 2007, are transferred to STFC by virtue of this Article.

(2) The matters specified in this paragraph are—

(a) in the case of any real or movable property, any applicable rule of law of the place where the property is situated—

(i) which determines the ownership of the property; and

(ii) under or by virtue of which the provisions of this Order alone are not sufficient to transfer the property completely to STFC; and

(b) in the case of any other property, right, liability or obligation, any applicable rule of law under or by virtue of which it has arisen, or to which it is subject—

(i) which determines who is entitled or subject to such property, right, liability or obligation; and

(ii) under or by virtue of which the provisions of this Order alone are not sufficient to transfer that property, right, liability or obligation completely to STFC.

(3) Except as provided for in Article 4, the completion of the transfer of any property, right, liability or obligation to STFC under or by virtue of this Order—

(a) shall not be subject to any matter provided for in any agreement entered into by CCLRC or PPARC; and

(b) shall not otherwise be subject to the agreement or approval of any third party, the making of any notification, or the compliance with any other requirement.

Section 4 Action to be taken by Research Councils in certain cases

(1) This paragraph applies where any applicable rule of law—

(a) requires any notification to be made or agreement to be entered into; or

(b) imposes some other requirement which must be complied with,

before any particular property, right, liability or obligation of CCLRC or PPARC can be completely transferred to STFC.

(2) Where paragraph (1) applies, CCLRC or PPARC (as the case may be), and, if necessary, STFC, shall take all reasonable steps to ensure that the notification, agreement or other requirement concerned is made, entered into or complied with as soon as possible.

(3) This paragraph applies where any rule of law precludes, or makes it not reasonably practicable to effect, a direct transfer of any property, right, liability or obligation of CCLRC or PPARC to STFC.

(4) Where paragraph (3) applies, CCLRC or PPARC (as the case may be), and, if necessary, STFC, shall take all reasonable steps to ensure that—

(a) CCLRC or PPARC (as the case may be) ceases to be entitled or subject to the property, right, liability or obligation concerned; and

(b) STFC becomes entitled to that property, or acquires or incurs a right, liability or obligation which is the same as that to which CCLRC or PPARC (as the case may be) has ceased to be entitled or subject in accordance with sub-paragraph (a),

so that the property right, liability or obligation concerned is indirectly transferred to STFC.

Section 5 Specific property etc to be transferred as part of the transfer

(1) Without prejudice to the generality of Articles 3 and 4, the following are, or (where Article 4(1) or (3) applies) shall be, transferred to STFC—

(a) the land and property held by PPARC specified in Schedule 1, together with—

(i) any immovable property on such land, whether specified in that Schedule or not; and

(ii) any right, liability or obligation acquired or incurred by PPARC in relation to such land;

(b) ownership of any equipment and other movable property, including any vehicle, owned by PPARC in connection with its activities on the land specified in Schedule 1, together with any other rights, liabilities or obligations acquired or incurred by PPARC in respect of such equipment and other movable property, including any vehicle, used in connection with its activities on that land;

(c) the shares and other interests held by or on behalf of CCLRC specified in Schedule 2;

(d) the intellectual property rights specified in Schedule 3;

(e) any right, liability or obligation of CCLRC or PPARC arising under or in relation to any contract of employment under which any person is, or has been, employed by CCLRC or PPARC;

(f) any right, liability or obligation of CCLRC or PPARC arising under or in relation to any agreement entered into by CCLRC or PPARC, including—

(i) the agreements specified in Schedule 4;

(ii) any right, liability or obligation arising in relation to the award or administration of research grants, studentships and fellowships;

(iii) any liability for a guarantee, indemnity or financial assistance by way of grant or otherwise; and

(iv) any right to possession of any movable property arising under or in relation to an agreement for goods or services;

(g) any other right, liability or obligation of CCLRC or PPARC arising in connection with their activities as Research Councils, whether imposed by or under any statutory provision, in relation to any civil proceedings, or otherwise; and

(h) the property specified in Schedule 5.

(2) No property, right, liability or obligation of CCLRC or PPARC shall not be transferred to STFC merely because it is not specified, or is not of a description specified, in this Article.

Section 6 Continuity for pension schemes maintained under the Atomic Energy Authority Act 1954

(1) For the purposes of this Article—

(a) a “relevant person” is a person for or in respect of whom a pension scheme may be maintained under paragraph 7(2) of Schedule 1 to the Atomic Energy Authority Act 1954 ; and

(b) a “relevant scheme” means, in relation to any relevant person, any such scheme which is maintained in respect of that person.

(2) Any person who—

(a) was a relevant person immediately before the coming into force of this Order; and

(b) is transferred to the employment of STFC in accordance with this Order,

shall continue to be a relevant person in respect of his employment with STFC, and any relevant scheme shall have effect after such transfer as if his employment with STFC were a continuation of the employment in respect of which he became a relevant person.

(3) STFC shall pay to the United Kingdom Atomic Energy Authority (in addition to any sums required to be paid in consequence of the transfer by virtue of this Order of any liability under any previous enactment relating to a relevant scheme) such sums in respect of—

(a) any payments falling by virtue of paragraph (2) to be made by the Authority to or in respect of a person transferred to the employment of STFC; and

(b) the accruing liability for any such payments,

as may be agreed between STFC and the Authority or as may, in default of agreement, be determined by the Treasury.

Section 7 Continuity for certain other pension schemes

(1) Where—

(a) a person (a “relevant employee”) is an employee or former employee of—

(i) CCLRC or PPARC; or

(ii) another Research Council or government department whose activities were taken over by CCLRC or PPARC,

(each “a relevant employer”); and

(b) in consequence of such employment or former employment, a person other than the relevant employee’s relevant employer (a “relevant third party”) has acquired or incurred rights against, or liabilities or obligations to, a relevant employee, under a pension scheme or similar arrangement in respect of the relevant employee,

the relevant third party shall remain entitled or subject to those rights, liabilities or obligations, notwithstanding the transfer of other rights, liabilities or obligations in respect of the relevant employee to STFC.

(2) Where CCLRC or PPARC has rights against, or liabilities or obligations to, a relevant third party, those rights, liabilities or obligations are, or (where Article 4(1) or (3) applies) shall be, transferred to STFC.

Section 8 Continuity of employment

(1) Where rights, liabilities and obligations under a contract of employment are transferred by virtue of Article 3, the contract has effect from 1st April 2007 as if originally made between the employee and STFC.

(2) Any rights, liabilities and obligations under a contract of employment not transferred by virtue of Article 3, shall be transferred in accordance with Article 4 so as to have effect, from the date of transfer, as if the contract had been originally made between the employee and STFC.

Section 9 Transfer of Engineering and Physical Sciences Research Council grants etc to STFC

All rights, liabilities and obligations of the Engineering and Physical Sciences Research Council arising in connection with the award of the research grants and fellowships specified in Schedule 6 are transferred to STFC.