Citation and commencement

1.  This Order may be cited as the Research Councils (Transfer of Property etc.) Order 1994 and shall come into force on 1st April 1994.

Interpretation

2.  In this Order—

“AFRC” means the Agricultural and Food Research Council;

“BBSRC” means the Biotechnology and Biological Sciences Research Council;

“SERC” means the Science and Engineering Research Council;

“EPSRC” means the Engineering and Physical Sciences Research Council;

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

“NERC” means the Natural Environment Research Council;

“ESRC” means the Economic and Social Research Council;

“Polaris House Site” means the land and buildings situate at North Star Avenue, Swindon in the County of Wiltshire;

“PPARC team” means those persons currently employed by the SERC and designated on or before 31st March 1994 for assignment to the Particle Physics and Astronomy Research Council;

“BBSRC team” means those persons currently employed by the SERC and designated on or before 31st March 1994 for assignment to the Biotechnology and Biological Sciences Research Council;

“NERC team” means those persons currently employed by the SERC and designated on or before 31st March 1994 for assignment to the Natural Environment Research Council;

“the Royal Observatories” means the Royal Greenwich Observatory and the Royal Observatory, Edinburgh;

“the final working balance” means the balance at 31st March 1994 as shown in the audited accounts of the SERC.

General transfer of property, rights, liabilities and obligations from the AFRC

3.—(1) Subject to any provision which is otherwise made by this Order, all land and rights or liabilities in relation to such land held acquired or incurred by the AFRC, including the interest of the AFRC in the Polaris House Site, shall be transferred to the BBSRC.

(2) Where by virtue of this Order any hereditament comprising land is transferred from the AFRC to the BBSRC any property in or on the land including any movable property shall be transferred to the BBSRC.

(3) Subject to any provision of this Order, all rights and liabilities arising in relation to any contract for goods or services to be provided by or to the AFRC shall be transferred to the BBSRC.

(4) Subject to the provisions of this Article and of Article 4, all rights and liabilities arising in relation to any activities of the AFRC as a Research Council including any liability for a guarantee, indemnity or financial assistance by way of grant or otherwise shall be transferred to the BBSRC.

(5) Paragraph (4) applies to a liability imposed by or under any statutory provision as it applies to a liability which is undertaken voluntarily.

Transfer of obligations under contracts of employment

4.—(1) All rights, powers, duties and liabilities under or relating to any contract of employment whereby any person is employed by the AFRC before the coming into force of this Order shall be transferred to the BBSRC.

(2) Subject to paragraphs (3) and (4) of this Article, all rights, powers, duties and liabilities under or relating to any contract of employment whereby any person is employed by the SERC before the coming into force of this Order shall be transferred to the EPSRC.

(3) All rights, powers, duties and liabilities under or relating to any contract of employment referred to in paragraph (2) of this Article shall be transferred to—

(a)the PPARC in the case of any person assigned to the “PPARC team”,

(b)the BBSRC in the case of any person assigned to the “BBSRC team”,

(c)the NERC in the case of any person assigned to the “NERC team”.

(4) All rights, powers, duties and liabilities accruing or arising under the AFRC Superannuation Scheme and the SERC Principal Superannuation Scheme shall be transferred to the BBSRC.

Amendment of the Science and Technology Act 1965

5.—(1) Where any person transferred by virtue of this Order to the employment of EPSRC or PPARC is a person who, by virtue of paragraph 4(1) of Schedule 3 to the Science and Technology Act 1965 (application of Atomic Energy Authority pension scheme to persons employed for the purposes of research into nuclear science), is included immediately before the transfer in the persons for whom a scheme may be maintained under paragraph 7(2) of Schedule 1 to the Atomic Energy Authority Act 1954—

(a)that person shall continue to be so included in respect of his employment with the EPSRC or the PPARC; and

(b)any scheme which is so maintained shall have effect after that transfer as regards that person as if the employment to which he is transferred were a continuation of the employment in respect of which he fell to be so included before the transfer.

(2) The EPSRC and the PPARC shall each 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 paragraph 4(2) of Schedule 3 to the Science and Technology Act 1965) such sums in respect of

(a)any payments falling by virtue of paragraph (1) above to be made by the Authority to or in respect of a person transferred to the employment of EPSRC or, as the case may be, PPARC, and

(b)the accruing liability for any such payments, as may be agreed between the Council in question and the Authority or as may, in default of agreement, be determined by the Treasury.

General transfer of property, rights, liabilities and obligations from the SERC

6.—(1) Subject to any provision which is otherwise made by this Order, all land and rights or liabilities in relation to such land held acquired or incurred by the SERC shall be transferred to the EPSRC.

(2) All that land, and any immovable property on the land, which forms the interest of the SERC in the Polaris House Site shall be transferred to the EPSRC.

(3) Subject to any provision of this Order, all rights and liabilities arising in relation to any contract for goods or services to be provided by or to the SERC shall be transferred to the EPSRC.

(4) Subject to the provisions of this Order all rights and liabilities arising in relation to any activities of the SERC as a Research Council (except those referred to in paragraph (5) of this Article) and including any liability for a guarantee, indemnity or financial assistance by way of grant or otherwise shall be transferred to the EPSRC.

(5) All rights and liabilities arising in relation to any civil proceedings and concerning the activities of the SERC as a Research Council in the fields of astronomy and planetary science or the work of the Royal Observatories shall be transferred to the PPARC.

(6) Paragraphs (4) and (5) apply to a liability imposed by or under any statutory provision as they apply to a liability which is undertaken voluntarily.

(7) The monies constituting the final working balance of the SERC shall be transferred to the EPSRC, the PPARC, the BBSRC and the NERC in the proportions of 69.5%, 18.0%, 10.5% and 2.0% respectively.

Specific transfers of land, rights and liabilities from the SERC

7.  Subject to the provisions of this Order all land including any property in or on the land held and used by the SERC together with rights or liabilities in relation to such land acquired or incurred by the SERC and which is specified in—

(1) Part I of Schedule 1;

(2) Parts II, III and IV of Schedule 1;

(3) Schedule 2;

shall, in the case of paragraph (1), be transferred to the PPARC and in the case of paragraph (2), shall be so transferred subject to any requirement of the law of the place where the land is situate, and in the case of paragraph (3) shall be transferred to the NERC.

Specific transfers of equipment and other movable property from the SERC

8.  Subject to the provisions of this Order movable property and equipment including any vehicle owned, held or used by the SERC on the date of the coming into force of this Order and which is specified in—

(1) Part I of Schedule 3, Part I of Schedule 18, and Schedule 19;

(2) Parts II, III, IV and V of Schedule 3, and Part II of Schedule 18;

shall, in the case of paragraph (1), be transferred to the PPARC and in the case of paragraph (2), shall be so transferred subject to any requirement of the law of the place where such equipment is to be found.

Specific transfers of rights and liabilities from the SERC

9.—(1) Subject to the provisions of this Order all rights and liabilities arising in relation to any contract for goods or services to be provided by or to the SERC shall be transferred to—

(a)the PPARC if specified in Schedule 4;

(b)the BBSRC if specified in Schedule 5;

(c)the NERC if specified in Schedule 6.

(2) Subject to the provisions of paragraph (1) of this Article, all rights and liabilities in relation to any contract for goods or services to be provided by or to the Royal Observatories shall be transferred to the PPARC.

(3) Subject to the provisions of paragraphs (1) and (2) of this Article, all rights and liabilities in relation to any contract for goods or services to be provided by or to the SERC shall be transferred to—

(a)the PPARC if the number of the contract ends with “XP”;

(b)the NERC if the number of the contract ends with “XN”;

(c)the BBSRC if the number of the contract ends with “XB”.

Specific transfers of grants, studentships and fellowships from the SERC

10.  Subject to the provisions of this Order all rights and liabilities of the SERC arising in relation to the award of research grants, studentships and fellowships shall be transferred to—

(a)the PPARC if specified in Schedule 7, 11 or 15;

(b)the BBSRC if specified in Schedule 8, 12 or 16;

(c)the NERC if specified in Schedule 9, 13 or 17;

(d)the ESRC if specified in Schedule 10 or 14.

SCHEDULE 1LAND AND PROPERTY AND ASSOCIATED LIABILITIES TRANSFERRED TO THE PARTICLE PHYSICS AND ASTRONOMY RESEARCH COUNCIL

PART I

PART II

PART III

PART IV

SCHEDULE 2LAND AND PROPERTY TRANSFERRED TO THE NATURAL ENVIRONMENT RESEARCH COUNCIL

Lease of 22 Henrietta Street, London WC2

MST Radar Facility on land leased from the University College of Wales, Aberystwyth located at Capel Dewi, Dyfed, Wales

SCHEDULE 3EQUIPMENT TRANSFERRED TO THE PARTICLE PHYSICS AND ASTRONOMY RESEARCH COUNCIL

PART ITHE ROYAL OBSERVATORIES

All equipment administered by the Royal Observatories and located at the Royal Observatory, Edinburgh and the Royal Greenwich Observatory, Cambridge for which SERC holds title on 31.3.94

All equipment administered by the Royal Observatories and located at Herstmonceux, Nr Hailsham, East Sussex, for which SERC holds title on 31.3.94

PART IITHE JOINT ASTRONOMY CENTRE, HAWAII

All equipment administered by the Royal Observatories for which SERC holds title on 31.3.94

PART IIITHE SIDING SPRING OBSERVATORY, COONABARABRAN, AUSTRALIA

All equipment administered by the Royal Observatories for which SERC holds title on 31.3.94

PART IVTHE ISAAC NEWTON GROUP, LA PALMA, CANARY ISLANDS

All equipment administered by the Royal Observatories for which SERC holds title on 31.3.94

PART VSOUTH AFRICAN ASTRONOMICAL OBSERVATORY, NEAR SUTHERLAND, CAPE, SOUTH AFRICA

All equipment or share of equipment named in an agreement with the Council for Scientific and Industrial Research of South Africa currently suspended until 30.6.96, for which SERC holds title on 31.3.94

SCHEDULE 4CONTRACTS PLACED BY OR ON BEHALF OF THE SCIENCE AND ENGINEERING RESEARCH COUNCIL AND TRANSFERRED TO THE PARTICLE PHYSICS AND ASTRONOMY RESEARCH COUNCIL

SCHEDULE 5CONTRACTS PLACED BY OR ON BEHALF OF THE SCIENCE AND ENGINEERING RESEARCH COUNCIL AND TRANSFERRED TO THE BIOTECHNOLOGY AND BIOLOGICAL SCIENCES RESEARCH COUNCIL

SCHEDULE 6CONTRACTS PLACED BY OR ON BEHALF OF THE SCIENCE AND ENGINEERING RESEARCH COUNCIL AND TRANSFERRED TO THE NATURAL ENVIRONMENT RESEARCH COUNCIL

SCHEDULE 7RESEARCH GRANTS, CO-ORDINATED BY THE FOLLOWING GROUPS, TRANSFERRED TO THE PARTICLE PHYSICS AND ASTRONOMY RESEARCH COUNCIL

• Panel for the Allocation of Telescope Time

• Astronomy and Astrophysics Committee

• Solar System Science Committee

• Astronomy and Astrophysics Theory Sub-Committee

• Solar System Science Theory Sub-Committee

• Particle Physics Experimental Committee

• Particle Physics Theory Sub-Committee

SCHEDULE 8RESEARCH GRANTS, CO-ORDINATED BY THE FOLLOWING GROUPS, TRANSFERRED TO THE BIOTECHNOLOGY AND BIOLOGICAL SCIENCES RESEARCH COUNCIL

• Biological Sciences Committee

• Membrane Function Sub-Committee

• Invertebrate Neurosciences Initiative Sub-Committee

• Plant Metabolism Sub-Committee

• Biochemistry and Cellular Processes Sub-Committee

• Genes, Development and Evolution Sub-Committee

• Animal Sciences and Psychology Sub-Committee

• Biomolecular Sciences Sub-Committee

• Biomolecular Sciences (Biology) Sub-Committee

• Membranes Initiative/Separations Programme

• Highly Selective Separations/SP Sub-Committee

• Liquid-Liquid Extraction/SP Sub-Committee

• Biotechnology Directorate and its Sub-Committees

• Molecular Sciences Interdisciplinary Research Centre

• Biochemical Engineering Interdisciplinary Research Centre

• Simpler Nervous Systems Interdisciplinary Research Centre

• Selective Drug Delivery and Targeting — LINK Programme

• Biotransformations — LINK Programme

• Eukaryotic Genetic Engineering — LINK Programme

• Control of Plant Metabolism — LINK Programme

• Protein Engineering — LINK Programme

• Biochemical Engineering — LINK Programme

• Biological Treatment of Soil and Water — LINK Programme

• Cell Engineering — LINK Programme

• Plant Sciences and Microbiology Sub-Committee

• Molecular Biology and Genetics Sub-Committee

• Animal Sciences and Psychology Sub-Committee

• Biochemistry and Biophysics Sub-Committee

• Protein Engineering Initiative

• Molecular Recognition Initiative

SCHEDULE 9RESEARCH GRANTS, CO-ORDINATED BY THE FOLLOWING GROUPS, TRANSFERRED TO THE NATURAL ENVIRONMENT RESEARCH COUNCIL

• Earth Observation Programmes Board Grants Panel

• Science-Based Archaeology Committee

• Atmospheric Chemistry Initiative Panel

SCHEDULE 10RESEARCH GRANTS, CO-ORDINATED BY THE FOLLOWING GROUPS, TRANSFERRED TO THE ECONOMIC AND SOCIAL RESEARCH COUNCIL

• Joint ESRC/SERC Committee

SCHEDULE 11STUDENTSHIPS, CO-ORDINATED BY THE FOLLOWING GROUPS, TRANSFERRED TO THE PARTICLE PHYSICS AND ASTRONOMY RESEARCH COUNCIL

• Particle Physics and Astronomy Board Education and Training Committee

• Nuclear Physics Committee

SCHEDULE 12STUDENTSHIPS, CO-ORDINATED BY THE FOLLOWING GROUPS, TRANSFERRED TO THE BIOTECHNOLOGY AND BIOLOGICAL SCIENCES RESEARCH COUNCIL

• Biochemical Engineering Interdisciplinary Research Centre

• Biotechnology Directorate

• Simpler Nervous Systems Interdisciplinary Research Centre

• Pharmacy Panel

• Biology (Information Technology) Committee

• Molecular Sciences Interdisciplinary Research Centre

• Biological Sciences Committee

SCHEDULE 13STUDENTSHIPS, CO-ORDINATED BY THE FOLLOWING GROUPS, TRANSFERRED TO THE NATURAL ENVIRONMENT RESEARCH COUNCIL

• Science-based Archaeology Committee

• Atmospheric Chemistry Initiative Panel

• Earth Observation Programmes Board Grants Panel

SCHEDULE 14STUDENTSHIPS, CO-ORDINATED BY THE FOLLOWING GROUPS, TRANSFERRED TO THE ECONOMIC AND SOCIAL RESEARCH COUNCIL

• Joint ESRC/SERC Committee

SCHEDULE 15FELLOWSHIPS TRANSFERRED TO THE PARTICLE PHYSICS AND ASTRONOMY RESEARCH COUNCIL

Postdoctoral Home Awards

(i)1.  All Astronomy and Planetary Science awards except B/93/RFH/1615

(ii)All Nuclear Physics awards except B/93/RFH/1903, B/92/RFH/1514 and B/91/RFH/ 1183

Postdoctoral Overseas Awards

(i)2.  All Astronomy and Planetary Science awards

(ii)All Nuclear Physics awards except B/93/RFO/1860

Postdoctoral NATO Awards

(i)3.  All Astronomy and Planetary Science awards

Advanced Fellowship Awards

(i)4.  All Astronomy and Planetary Science awards except B/93/AF/1616

(ii)All Nuclear Physics awards except B/90/AF/1217, B/91/AF/1368, B/92/AF/1449 and B/93/AF/1589

Senior Fellowship Awards

(i)5.  All Astronomy and Planetary Science awards

(ii)All Nuclear Physics awards

SCHEDULE 16FELLOWSHIPS TRANSFERRED TO THE BIOTECHNOLOGY AND BIOLOGICAL SCIENCES RESEARCH COUNCIL

Postdoctoral Home Awards

(i)1.  All Biology awards

Postdoctoral Overseas Awards

(i)2.  All Biology awards

(ii)All Biotechnology Directorate awards

Postdoctoral NATO Awards

(i)3.  All Biology awards

Advanced Fellowship Awards

(i)4.  All Biology awards

Senior Fellowship Awards

(i)5.  All Biology awards

SCHEDULE 17FELLOWSHIPS TRANSFERRED TO THE NATURAL ENVIRONMENT RESEARCH COUNCIL

Postdoctoral Home Awards

(i)1.  All Science-based Archaeology awards

(ii)Astronomy and Particle Physics award B/93/RFH/1615

Advanced Fellowship Awards

(i)2.  All Science-based Archaeology awards

(ii)Astronomy and Particle Physics award B/93/AF/1616

SCHEDULE 18VEHICLES TRANSFERRED TO THE PARTICLE PHYSICS AND ASTRONOMY RESEARCH COUNCIL

PART ITHE ROYAL OBSERVATORIES

All vehicles owned by the SERC and located at the Royal Observatory, Edinburgh on 31.3.94

PART IIOVERSEAS

All vehicles owned by the SERC and located at Apartado 310, 38780 S/C De La Palma, Tenerife, Islas Canarias and at the Joint Astronomy Centre, 660 North A Ohoku Place, University Park, Hilo, Hawaii 96720, USA on 31.3.94

SCHEDULE 19RARE BOOKS AND ANTIQUITIES TRANSFERRED TO THE PARTICLE PHYSICS AND ASTRONOMY RESEARCH COUNCIL

All that collection of rare books and antiquities, bequeathed by the Lord Crawford to the Crown and held in safe keeping at the Royal Observatory, Edinburgh.

All that collection of rare books and antiquities bequeathed to the Royal Greenwich Observatory by the late Astronomer Royal, G B Airy

Explanatory Note

(This note is not part of the Order)

This Order makes provision for the transfer of property, rights, liabilities and obligations from the Agricultural and Food Research Council and the Science and Engineering Research Council to the Biotechnology and Biological Sciences Research Council, the Engineering and Physical Sciences Research Council, the Particle Physics and Astronomy Research Council, the Natural Environment Research Council and the Economic and Social Research Council.

The Order makes an amendment to Schedule 3 to the Science and Technology Act 1965 to permit the continued participation of certain present and former staff of the Science and Engineering Research Council in a pension scheme administered by the United Kingdom Atomic Energy Authority (Article 5).

The Order makes provision for the general transfer of land and other property, rights, liabilities and obligations from the Agricultural and Food Research Council to the Biotechnology and Biological Sciences Research Council (Article 3) and for the transfer of obligations under contracts of employment from the Agricultural and Food Research Council and from the Science and Engineering Research Council (Article 4).

Property, rights, obligations and liabilities of the Science and Engineering Research Council are generally transferred to the Engineering and Physical Sciences Research Council (Article 6), whilst a number of specific transfers are made to the Particle Physics and Astronomy Research Council and to other Research Councils (Articles 7, 8, 9 and 10). The property, rights, liabilities and obligations referred to in Articles 7 to 10 are specified in Schedules 1 to 19.