Search Legislation

Education Act (Northern Ireland) 2014

Status:

This is the original version (as it was originally enacted).

Section 3.

SCHEDULE 2Transfer of assets, liabilities and staff of dissolved bodies

This schedule has no associated Explanatory Notes

Interpretation

1.  In this Schedule “dissolved body” means a body listed in section 3(1).

Transfer of assets and liabilities

2.—(1) All assets and liabilities to which a dissolved body is entitled or subject immediately before the transfer date shall on that date be transferred to, and by virtue of this paragraph vest in, the Authority.

(2) Sub-paragraph (1) has effect in relation to assets or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the assets or liabilities otherwise than by that sub-paragraph.

(3) But sub-paragraph (1) does not apply to rights or liabilities under a contract of employment (which are dealt with by paragraph 3).

(4) A certificate issued by the Department that any assets or liabilities have been transferred to the Authority under this paragraph shall be conclusive evidence of the transfer.

Transfer of employed staff

3.—(1) This paragraph applies to persons who immediately before the transfer date are employed by a dissolved body.

(2) The Department may make one or more schemes with respect to persons to whom this paragraph applies.

(3) A scheme may provide for the transfer as from the transfer date of persons to whom this paragraph applies from the employment of a dissolved body to the employment of the Authority.

(4) The Transfer of Undertakings (Protection of Employment) Regulations 2006 apply to a transfer effected by a scheme whether or not the transfer would, apart from this paragraph, be a relevant transfer for the purposes of the regulations.

(5) A scheme may include supplementary, incidental, transitional and consequential provision.

(6) A scheme shall—

(a)identify transferring employees (whether by name or otherwise);

(b)include provision securing pension protection for such employees;

(c)include provision for procedures designed to resolve any grievances of such employees arising in relation to matters dealt with by the scheme; and

(d)include provision for the payment of compensation by the Department to any such employee who suffers loss or detriment in consequence of the scheme.

(7) Before making a scheme the Department shall consult—

(a)in the case of a scheme which identifies transferring employees by name, those employees; and

(b)in the case of a scheme which identifies transferring employees in any other way, such persons as appear to the Department to be representative of transferring employees.

(8) For the purposes of this paragraph—

(a)“pension protection” is secured for a transferring employee if after the change of employer effected by the scheme the employee has, as an employee of the Authority, rights to acquire pension benefits and those rights are the same as or (taken as a whole) no less favourable than those that the transferring employee had as an employee of a dissolved body;

(b)“scheme” means a scheme made under this paragraph; and

(c)“transferring employee” means an employee of a dissolved body who is transferred by virtue of this paragraph to the employment of the Authority.

(9) Procedures under sub-paragraph (6)(c) shall involve consideration of grievances by a person other than—

(a)a member, or member of staff, of the Authority; or

(b)a member of the Northern Ireland civil service.

References to, and acts, etc. done by, or in relation to, a dissolved body

4.—(1) In any statutory provision or document—

(a)any reference to a dissolved body (whether general or particular) shall, in relation to any time after the transfer date, be construed as a reference to the Authority; and

(b)any reference which delimits a function of an education and library board by reference to its area shall, in relation to that time, be disregarded.

(2) Sub-paragraph (1) does not apply—

(a)to any reference which is amended by Schedule 3; or

(b)if the context otherwise requires.

(3) Nothing in this Act affects the validity of anything done by, or in relation to, a dissolved body before the transfer date.

(4) Anything which before the transfer date was done by or in relation to a dissolved body shall, if in effect immediately before that day, continue to have effect to the same extent and subject to the same provisions as if it had been done by, or in relation to, the Authority.

(5) Anything (including any legal proceedings) in the process of being done by or in relation to a dissolved body immediately before the transfer date may be continued by or in relation to the Authority.

(6) In the case of an education and library board, this paragraph does not apply where any of paragraphs 5 to 8 of Schedule 2 to the Libraries Act (Northern Ireland) 2008 applies.

5.—(1) The Authority shall make arrangements for a statement of accounts to be prepared in relation to each dissolved body for the relevant period.

(2) Each statement of accounts shall—

(a)be in such form, and

(b)contain such information,

as the Department may direct.

(3) The Authority shall, within such time after the end of the relevant period as the Department may direct, send a copy of each statement of accounts—

(a)to each of the funding departments; and

(b)to the Comptroller and Auditor General.

(4) The Comptroller and Auditor General shall—

(a)examine, certify and report on every statement of accounts received under this paragraph; and

(b)send a copy of each report to each of the funding departments.

(5) The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General’s report before the Assembly.

(6) In this paragraph “the relevant period” means the period—

(a)beginning on such day as the Department may direct; and

(b)ending immediately before the transfer date.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources