The Education (Qualifications and Curriculum Authority and Qualifications, Curriculum and Assessment Authority for Wales) (Transfer of Property and Designation of Staff) Order 1997

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Education (Qualifications and Curriculum Authority and Qualifications, Curriculum and Assessment Authority for Wales) (Transfer of Property and Designation of Staff) Order 1997 and shall come into force on 1st October 1997.

(2) In this Order—

“ACCAC” means the Awdurdod Cymwysterau, Cwricwlwm ac Asesu Cymru (otherwise known as the Qualifications, Curriculum and Assessment Authority for Wales);

“the Act” means the Education Act 1997;

“the effective date” means the date on which this Order comes into force;

“intellectual property” means all vested, contingent and future rights of or in or in the nature of copyright, design, patent and trade mark vested in NCVQ or SCAA immediately before the effective date;

“land” includes any interest in land;

“NCVQ” means the National Council for Vocational Qualifications(1);

“QCA” means the Qualifications and Curriculum Authority(2);

“records” includes all documents, files, accounts, computer programmes and databases of NCVQ and SCAA relating to the administration and business of NCVQ or SCAA or any subsidiary of them or any body or person engaged (by whatever means) at any time in carrying out business of any description for or on behalf of NCVQ or SCAA;

“rights and liabilities” does not include rights and liabilities arising under contracts of employment but includes all other rights and liabilities to which NCVQ or SCAA is entitled or subject immediately before the effective date arising in relation to—

(a)

any contract, agreement, licence or authority, whether written or not, and any deed, bond, instrument or document made by or for the benefit of NCVQ or SCAA before the effective date;

(b)

any holding of shares in or membership of any company;

(c)

any act or omission of NCVQ or SCAA before the effective date;

(d)

any proceedings commenced by or against NCVQ or SCAA before the effective date;

“SCAA” means the School Curriculum and Assessment Authority.

Transfers of land

2.—(1) All land held by NCVQ and SCAA immediately before the effective date shall on the effective date vest in accordance with the provisions of this article.

(2) With the exception of the land described in Part I of Schedule 1 to this Order, the land to which paragraph (1) relates shall vest in QCA.

(3) The land described in Part I of Schedule 1 to this Order shall vest in ACCAC.

(4) Subject to paragraph (5), any rights and liabilities of NCVQ and SCAA in respect of any land referred to in paragraph (1) shall transfer with that land.

(5) Any right or liability of NCVQ to make or receive any payment in respect of the land to which paragraph (3) relates which accrued before the effective date shall transfer to QCA.

Transfer of intellectual property

3.  All intellectual property shall, on the effective date, vest in QCA.

Transfers of records

4.—(1) All records shall on the effective date vest in accordance with the provisions of this article.

(2) With the exception of the records described in Part II of Schedule I to this Order, the records to which paragraph (1) relates shall vest in QCA.

(3) The records described in Part II of Schedule 1 to this Order shall vest in ACCAC.

Transfers of other property

5.—(1) All property, other than land or intellectual property or records, of NCVQ or SCAA immediately before the effective date shall on the effective date vest in accordance with the provisions of this article.

(2) With the exception of the property described in Part III of Schedule 1 to this Order, the property to which paragraph (1) relates shall vest in QCA.

(3) The property described in Part III of Schedule 1 to this Order shall vest in ACCAC.

Transfers of rights and liabilities

6.—(1) All rights and liabilities (other than rights and liabilities referred to in paragraphs (4) and (5) of article 2 or paragraph (4) of this Article) shall on the effective date vest in accordance with the provisions of this article.

(2) With the exception of the rights and liabilities to which paragraph (3) applies, the rights and liabilities to which paragraph (1) relates shall vest in QCA.

(3) Subject to paragraph (4), the rights and liabilities described in Part IV of Schedule 1 to this Order shall vest in ACCAC.

(4) Paragraph (3) shall not apply in the case of any right or liability described in Part IV of Schedule 1 to this Order in so far as it consists of the right or liability to make or receive any payment which accrued before the effective date.

Designation of staff

7.—(1) For the purposes of section 35(1) of the Act all persons employed by NCVQ or SCAA on the day before the effective date other than persons to whom paragraph (2) applies are designated in accordance with the provisions of this article.

(2) The persons to whom this paragraph applies are persons employed under contracts due to terminate (whether by expiry of notice or effluxion of time or otherwise) on the day before the effective date.

(3) Subject to paragraph (5), with the exception of the persons listed in Schedule 2 to this Order, the persons to whom paragraph (1) applies are designated as respects QCA.

(4) Subject to paragraph (5), the persons listed in Schedule 2 to this Order are designated as respects ACCAC.

(5) In the event that, between the making of this Order and the effective date, any person listed in Schedule 2 to this Order ceases to be an employee of NCVQ and that person’s position in NCVQ is filled by another, the list in Schedule 2 shall have effect as if that other person’s name was substituted for the name of the person in question.

Signed by authority of the Secretary of State.

Estelle Morris

Parliamentary Under Secretary of State,

Department for Education and Employment

3rd September 1997

Peter Hain

Parliamentary Under Secretary of State, Welsh Office

4th September 1997