Explanatory Notes

Social Security Contributions (Transfer of Functions, etc.) Act 1999

1999 CHAPTER 2

25 February 1999

Commentary on Sections

Part III: Miscellaneous and Supplemental

Section 21: property, rights and liabilities

219.This section deals with the transfer of property, rights and liabilities of the Secretary of State for Social Security to the Inland Revenue and the Treasury under the provisions of this Act.

220.Subsections (1) and (2) deal with the transfer of property, rights and liabilities to the Inland Revenue or the Treasury when a transfer provision is commenced by Order.

221.Subsection (3) replicates a standard provision in Orders in Council under the MoCA. It clarifies property ownership following transfers of functions so that if the Inland Revenue or Treasury wish to dispose of property transferred to them under this Act, a certificate issued to say this shall be conclusive evidence that this property has been transferred. This provision is unlikely to be used since the vast majority of DSS property is now held under contract with private suppliers. However, these provisions provide a back-up in any case of disputed ownership.