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Transport (Scotland) Act 1989

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Finance

13Financial provisions

(1)The Secretary of State may from time to time give directions to the Group requiring the Group to make to him, out of the net proceeds of any disposals made in pursuance of the disposal programme, payments of such amount, at such times and by such methods, as may be specified in the directions.

(2)Sums received under subsection (1) above shall be paid into the Consolidated Fund.

(3)Any agreement or arrangements entered into by the Group or any subsidiary of theirs in connection with any disposal made in pursuance of the disposal programme may, with the approval of the Secretary of State, include provision—

(a)for the maintenance to any extent of any concession, benefit or privilege enjoyed by—

(i)any person who is or has been employed by the Group (or any subsidiary of theirs); or

(ii)a member of such a person’s family; or

(b)for the making of any payment or the provision of any other concession, benefit or privilege in compensation for the loss, reduction or limitation of that concession, benefit or privilege;

and the Group may make payments to any person in pursuance of or for the purpose of securing any such provision.

(4)Without prejudice to the generality of section 1(2)(b) of this Act, the arrangements there mentioned may include provision for the making by the Group of payments in compensation for any loss, reduction or limitation of any such concession, benefit or privilege as is mentioned in subsection (3) above to the extent that provision in respect of the loss, reduction or limitation is not made by virtue of that subsection.

14Dissolution of the Group

(1)When it appears to the Secretary of State—

(a)that the principal elements of the disposal programme have been implemented; and

(b)that the shipping companies have been transferred under section 7 of this Act,

the Secretary of State may by order made by statutory instrument provide for the dissolution of the Group.

(2)Any such order may provide for the disposal of any remaining property, rights or liabilities of the Group, and may contain such supplementary, incidental and consequential provisions as may appear to the Secretary of State to be necessary or expedient.

(3)Without prejudice to the generality of subsection (2) above, any such order may in particular make provision—

(a)for the preparation by such person or persons as may be specified in the order of a statement or statements of the Group’s accounts for the period from the end of that dealt with in the last annual statement of accounts sent by the Group to the Secretary of State under section 24(3) of the 1962 Act down to the date of the dissolution of the Group;

(b)for the auditing of any such statement of accounts;

(c)for the making to the Secretary of State by such person or persons as may be specified in the order of a report or reports on the exercise and performance by the Group of their functions during any period not dealt with in the reports made by the Group under section 27(8) of the 1962 Act;

(d)making such amendments or repeals of any provision of the 1962 Act or the 1968 Act or of this Act or any other enactment (including an enactment contained in any local or private Act and any order, regulation or other instrument having effect by virtue of an Act) as appear to the Secretary of State to be required in consequence of the dissolution of the Group.

(4)The Secretary of State may with the approval of the Treasury—

(a)pay to any person upon whom duties are imposed by virtue of subsection (3)(a) to (c) above such remuneration, and such allowances in respect of expenses, as the Secretary of State may with the agreement of the Treasury determine; and

(b)incur expenditure in doing any other thing that falls to be done in preparation for or in connection with the dissolution of the Group.

(5)On the dissolution of the Group, any sums received by the Secretary of State in consequence of the dissolution shall be paid into the Consolidated Fund.

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