The Industrial Training (Carpet Board) (Revocation) Order 1982

Statutory Instruments

1982 No. 658

INDUSTRIAL TRAINING

The Industrial Training (Carpet Board) (Revocation) Order 1982

Made

6th May 1982

Laid before Parliament

14th May 1982

Coming into Operation

Articles 3 and 4

31st July 1982

All other provisions

30th June 1982

Whereas the Secretary of State has consulted the Manpower Services Commission (“the Commission”) under section 1(4)(b) of the Industrial Training Act 1964(1) (“the 1964 Act”) and the Commission has given him a statement of the views of the persons consulted by it in accordance with section 1(4A) of the 1964 Act;

And whereas the Secretary of State is satisfied in accordance with section 1(3) of the Employment and Training Act 1981 that adequate consultations took place before section 1 of that Act came into force:

Now, therefore, the Secretary of State in exercise of his powers under section 9(1)(b), (3), (5) and (6) of the 1964 Act and of all other powers enabling him in that behalf hereby makes the following Order:—

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Industrial Training (Carpet Board) (Revocation) Order 1982.

(2) Articles 3 and 4 of this Order shall come into operation on 31st July 1982.

(3) The provisions of this Order, other than Articles 3 and 4, shall come into operation on 30th June 1982.

(4) In this Order:—

(a) “The Board” means the Carpet Industry Training Board, established by the Industrial Training (Carpet Board) Order 1966, as amended by the Industrial Training (Carpet Board) Order 1968.

(b) “The remaining assets” means any amount by which the assets of the Board may exceed the amount required to meet the liabilities of the Board and the expenses of the winding up.

(c) “The revocation date” means the date on which Article 3 comes into operation.

Winding up of the Board

2.—(1) The Board shall be wound up in accordance with the provisions of this Article.

(2) On the coming into operation of this Article the Board shall cease to exercise its functions, except insofar as continued exercise of those functions may be necessary or expedient for the purpose of winding up.

(3) Between the coming into operation of this Article and the revocation date the Board shall so far as practicable discharge its liabilities.

(4) The remaining assets of the Board transferred to the Commission under Article 4 below shall be applied by the Commission for the purpose of encouraging training for employment.

(5) The Board shall for the part of its financial year ending on the revocation date make a final report to the Secretary of State in accordance with section 8 of the 1964 Act and that report shall include a statement of the accounts of the Board to that date together with a copy of any report made by the auditors on the accounts. The Secretary of State shall lay a copy of the report before Parliament.

Revocation of the Industrial Training Order

3.  The Industrial Training (Carpet Board) Order 1966 and the Industrial Training (Carpet Board) Order 1968 are hereby revoked.

Incidental and Transitional Provisions

4.—(1) All property (including records) and rights to which the Board was entitled immediately before the revocation date and any obligations to which the Board was then subject, not having been discharged under Article 2(3) above, are hereby transferred to and shall vest in the Commission.

(2) Any legal proceedings which, but for the revocations in Article 3 above, could have been commenced or continued by or in relation to the Board, may be commenced or continued by or in relation to the Commission.

(3) Every contract, agreement, licence and authority, whether written or not, and every deed, bond, instrument and document made before the revocation date and still in effect at that time which relates to property, rights or obligations of the Board shall continue in effect but subject to the following modifications, so far as they are applicable—

(a) if the Board is a party thereto the Commission shall be substituted as that party;

(b) for a reference (however worded and whether express or implied) to the Board there shall, as respects anything falling to be done or occurring after that time, be substituted a reference to the Commission;

(c) for a reference (however worded and whether express or implied) to the members or any member, or to any officer or officers of the Board there shall be substituted, as respects anything done or falling to be done or occurring on or after the revocation date, a reference to such officer or officers as the Commission shall appoint for the purpose;

and

(d) for a reference to the office or place of business of the Board there shall be substituted a reference to the office or place of business of the Commission.

Signed by order of the Secretary of State,

Peter Morrison

Joint Parliamentary Under Secretary of State

Department of Employment

6th May 1982

EXPLANATORY NOTE

This Order provides for the winding up of the Carpet Industry Training Board which was established by the Industrial Training (Carpet Board) Order 1966 and for the revocation of that Order and of the Industrial Training (Carpet Board) Order 1968 with effect from 31st July 1982. Any assets remaining on the completion of the winding up are to be applied for the purpose of encouraging training for employment.

(1)

the Industrial Training Act 1964 was amended by the Employment and Training Act 1973 (c.50), section 6 and Part I of Schedule 2. The relevant provisions of the Industrial Training Act 1964, as so amended, are reproduced in the Employment and Training Act 1973, Part II of Schedule 2. The Industrial Training Act 1964 was further amended by the Employment and Training Act 1981 (c.57) and the relevant amendments are contained in section 1.