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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
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(1)The Secretary of State may by order make provision for the dissolution of the Authority.
(2)An order under this section may, in particular—
(a)provide for the transfer of property, rights or liabilities of the Authority to—
(i)the Secretary of State, or
(ii)any other person;
(b)make provision enabling a person to receive anything transferred under paragraph (a) (and that provision shall have effect despite any other enactment or instrument);
(c)establish a body corporate;
(d)make consequential, incidental or transitional provision which may, in particular—
(i)provide for anything done by or in relation to the Authority to have effect as if done by or in relation to another person;
(ii)permit anything (which may include legal proceedings) which is in the process of being done by or in relation to the Authority when a transfer takes effect, to be continued by or in relation to another person;
(iii)provide for a reference to the Authority in an instrument or other document to be treated as a reference to another person;
(iv)amend an enactment.
(3)Before making an order under this section the Secretary of State shall consult—
(a)the Mayor of London, and
(b)such other persons as the Secretary of State thinks appropriate.
(4)The Secretary of State may not make an order under this section providing for the transfer of property, rights or liabilities to a person unless the person has consented to the transfer.
(5)An order under this section—
(a)may transfer rights and liabilities relating to employees, but
(b)shall not affect the operation of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794).
(6)The Secretary of State may not make an order by virtue of subsection (5)(a) unless satisfied that sufficient notice has been given to enable compliance with any applicable requirement of those regulations.
(7)An order under this section—
(a)shall be made by statutory instrument, and
(b)shall not be made unless a draft has been laid before Parliament.
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Text created by the government 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 were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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