Property Services Agency and Crown Suppliers Act 1990
Property Services Agencyand Crown Suppliers Act1990
1990 CHAPTER 12
An Act to make provision for the transfer of the Crown services known as the Property Services Agency and the Crown Suppliers; and for connected purposes.
[29th June 1990]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Transfer of Property Services Agency and Crown Suppliers.
(1) The Secretary of State may make a scheme or schemes which provide for the transfer to any person or persons of such property, rights and liabilities as are specified in or determined in accordance with the scheme being property, rights or liabilities—
(a) to which a Minister of the Crown (or in the case of copyright Her Majesty) is entitled or subject immediately before the day on which the scheme providing for the transfer comes into force; and
(b) which then subsisted for the purposes of or in connection with or are otherwise attributable (wholly or partly) to either of the Crown services known respectively as the Property Services Agency and the Crown Suppliers.
(2) Without prejudice to the generality of paragraph (b) of subsection (1) above any property, rights or liabilities shall be taken to fall within that paragraph so far as relating to the Property Services Agency or, as the case may be, to the Crown Suppliers if the Secretary of State issues a certificate to that effect.
(3) A scheme under this section may confer or impose such rights and liabilities as appear to the Secretary of State to be requisite for the purpose of converting into a contract between a transferee under the scheme and a Minister of the Crown any arrangement existing immediately before the coming into force of the scheme under which goods or services are being, or are to be, provided for that Minister as part of either of the services mentioned in subsection (1)(b) above.
(4) In subsection (3) above references to a Minister of the Crown include references to a Northern Ireland department.
(5) A scheme under this section may apply to property wherever situated and to property, rights and liabilities whether or not capable of being transferred or assigned by a Minister of the Crown or, as the case may be, by Her Majesty.
(6) A scheme under this section shall come into force on such day as may be specified for that purpose in the scheme; and on that day the property, rights and liabilities to which the scheme applies shall be transferred and vest in accordance with the scheme.
(7) A scheme under this section may contain such supplementary, incidental, consequential or transitional provisions as appear to the Secretary of State to be necessary or expedient; and the Schedule to this Act shall have effect in relation to any such scheme.
2 Transferred staff.
(1) No scheme under section 1 above shall provide for the transfer of any rights or liabilities relating to a person's employment.
(2) Where by reason of the operation of the Transfer of Undertakings (Protection of Employment) Regulations 1981 in relation to the transfer of any such property, rights or liabilities as are mentioned in section 1(1) above a person ceases to be employed in the civil service of the State and becomes employed by a transferee—
(a) he shall not, on so ceasing, be treated for the purposes of any scheme under section 1 of the Superannuation Act 1972 as having retired on redundancy; and
(b) his ceasing to be employed in that service shall not be regarded as an occasion of redundancy for the purpose of the agreed redundancy procedures applicable to persons employed in that service.
3 Transferee companies.
(1) The person or...
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