SCHEDULES

SCHEDULE 8 Savings and transitional provisions

Section 26(1).

General savings

1

1

In this paragraph—

  • transfer provision” has the meaning given by section 21(1) of this Act;

  • instrument” includes in particular Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, warrants, certificates and other documents.

C12

A transfer provision shall not affect the validity of anything done by or in relation to the Secretary of State before the commencement of the transfer provision; and anything which at that date is in the process of being done by or in relation to the Secretary of State may—

a

if it relates to functions transferred by virtue of the transfer provision to the Board, be continued by or in relation to the Board, and

b

if it relates to functions transferred by virtue of the transfer provision to the Treasury, be continued by or in relation to the Treasury.

3

Any authority, appointment, determination, approval, consent or direction given or made or other thing done, or having effect as if given, made or done, by the Secretary of State in connection with functions transferred by virtue of a transfer provision shall have effect as if given, made or done by the Board or, as the case requires, the Treasury in so far as that is required for continuing its effect after the commencement of the transfer provision.

4

Any instrument made before the commencement of a transfer provision shall have effect, so far as may be necessary for the purposes of or in consequence of that provision or section 21 or 22 of this Act, as if—

a

any reference to the Secretary of State were or included a reference to the Board or the Treasury, as the case requires; and

b

any reference to the Department of Social Security or any officer of that Department were or included a reference to the Board or any officer of theirs.

Documents and forms

2

Documents or forms produced for use in connection with any function transferred by virtue of this Act to the Board may be used even though they contain references to the Secretary of State or to the Department of Social Security or to any officer of that Department; and those references shall be construed as far as necessary as references to the Board or to any officer of the Board.

Payment of contributions etc. to Secretary of State during transitional period

F13

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Section 51 of Social Security Act 1998

F24

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