The Technology Strategy Board (Transfer of Property etc.) Order 2007

Statutory Instruments

2007 No.1676

SCIENTIFIC RESEARCH

The Technology Strategy Board (Transfer of Property etc.) Order 2007

Made

7th June 2007

Coming into force

1st July 2007

The Secretary of State, in exercise of the power conferred by section 3(6) of the Science and Technology Act 1965(1), makes the following Order:

PART 1 Citation, commencement and interpretation

Citation and commencement

1.  This Order may be cited as the Technology Strategy Board (Transfer of Property etc.) Order 2007 and shall come into force on 1st July 2007.

Interpretation

2.  In this Order—

“Secretary of State” means Secretary of State for Trade and Industry; and

“TSB” means Technology Strategy Board.

PART 2 Transfer of property etc. from the Secretary of State to the TSB

Transfer of property, rights, liabilities and obligations

3.  There are transferred to the TSB all property, rights, liabilities and obligations held, acquired or incurred by the Secretary of State on or before 1st July 2007—

(a) arising under or in relation to the contracts specified in Schedule 1, subject to the exceptions specified in that Schedule;

(b) arising under or in relation to grants awarded by the Secretary of State under section 5(1) of the Science and Technology Act 1965(2) under—

(i) the schemes for the transfer of knowledge and expertise which are specified in Part 1 of Schedule 2;

(ii) the Collaborative Research and Development Schemes which are specified in Part 2 of Schedule 2, subject to the exception specified in that Part;

(iii) the Knowledge Transfer Network Schemes which are specified in Part 3 of Schedule 2; and

(iv) the other grant schemes relating to research and development which are specified in Part 4 of Schedule 2;

(c) arising under or in relation to the grants awarded under section 5(1) of that Act which are specified in Schedule 3;

(d) arising under or in relation to a contract of employment of a person who before 1st July 2007—

(i) agreed to become an employee of the TSB; or

(ii) accepted an offer of employment from the TSB,

and who was at the time of that agreement or acceptance an official employed in the Department of Trade and Industry; and

(e) otherwise arising in connection with—

(i) any of the matters to which the contracts referred to in paragraph (a) or (d) relate; or

(ii) the award or administration of any of the grants or schemes referred to in paragraph (b) or (c),

whether imposed by or under any statutory provision, in relation to any civil proceedings, or otherwise.

Continuity of employment

4.  Where rights, liabilities and obligations under or in relation to a contract of employment are transferred by virtue of article 3(d), the contract has effect from 1st July 2007 as if originally made between the employee and the TSB.

Malcolm Wicks

Minister of State for Science and Innovation

Department of Trade and Industry

7th June 2007

Article 3(a)

SCHEDULE 1 Contracts

Contract	Exception
The contract dated 1st April 2003 between the Secretary of State and Pera Innovation Ltd for the Management of the Knowledge Transfer Networks Web Platform
The contract dated 5th January 2004 between the Secretary of State and Ernst & Young LLP for the Provision of Management and Co-ordination of an Applied Research Programme within the Department of Trade and Industry’s Nano and Micro Manufacturing Initiative
The contract dated 12th August 2004 between the Secretary of State and Momenta, a division of AEA Technology plc, for Management and Delivery of Knowledge Transfer Partnerships
The contract dated 31st January 2005 between the Secretary of State and Roadmapping Technology Ltd to provide Technology Strategy Support services
The contract dated 31st March 2005 between the Secretary of State and TUV NEL Ltd for the Project Managing and Administering of the Competitions within the Department of Trade and Industry’s Technology Programme
The contract dated 11th July 2005 between the Secretary of State and National Physical Laboratory Management Limited to provide Measurement, Characterisation and Standards Support to Knowledge Transfer Networks
The contract dated 31st July 2006 between the Secretary of State and Future Energy Solutions, AEA Technology plc, for the Provision of a Management Service for the DTI’s “Emerging Energy Technologies Research and Development Programme 2006-2009” and Expert Technical Services in Support of the Development of those Emerging Energy Technologies to the Department of Trade and Industry	The extent that the contract relates to the programme of work specified under Part 4 of Annex A to the contract
The contract dated 26th August 2006 between the Secretary of State and Ernst & Young LLP for the Provision of Programme Monitoring Services to the Micro and Nano Technology Capital Facilities Programme for the Department of Trade and Industry
The contract dated 6 October 2006 between the Secretary of State and Marine Current Turbine Limited for the Decommissioning of the Seaflow Turbine Pile at Lynmouth
The contract dated 15th January 2007 between the Secretary of State and TUV NEL Ltd for the Provision of National Contact Points for Promotion and Support of Elements of the European Union’s Framework Programme for Research and Technological Development
The contract dated 27th April 2007 between the Secretary of State and Miller-Klein Associates Ltd for the Provision of Services to Work on the Low Impact Buildings Innovation Platform
The contracts entered into on various dates appointing Assessors to assess the viability of applications made under the Spring 2007 Competition commencing on 24th April 2007 for the Collaborative Research and Development Scheme of which the closing date for applications is 18th June 2007
The Framework contracts entered into on various dates, made between the Secretary of State and Assessors to provide project assessment services to the Department of Trade and Industry for Emerging Energy Technology projects and programmes, which terminate on 30th June 2009	The extent that the contracts relate to the assessment of project proposals and the quality of work and output from projects relating to— (a) the Wave and Tidal Stream Demonstration Scheme; and (b) energy programmes initiated by the Secretary of State after the establishment of the “Emerging Energy Technologies Research and Development Programme 2006-2009”
The contracts entered into on various dates for Monitoring Officers to monitor the use of grants awarded under the Collaborative Research and Development Schemes specified in Part 2 of Schedule 2

SCHEDULE 2 Grant Schemes

Article 3(b)(i)

PART 1 Schemes for the transfer of knowledge and expertise

Name of Scheme	Closing Date for Applications under Scheme
The Teaching Company Scheme	30th June 2003
Colleges and Businesses in Partnership	30th June 2003
Knowledge Transfer Partnerships Schemes	Not closed

Article 3(b)(ii)

PART 2 Collaborative Research and Development Schemes

Subject Matter and Date of Announcement of Scheme	Closing Dates for Applications under Scheme	Exception
Materials, Bio-Processing, Electronics and Displays, Sensors, Environmentally Friendly Transport, Inter-Enterprise Computing, New and Renewable Energy Technology, announced on 26th April 2004	13th September 2004	Grant awarded on 25th February 2005 to Lunar Energy Limited in respect of Rotech Tidal Turbine Tidal Stream Technology Development
Smart Material and Structures, Bio-Based Industries Products and Processes, Opto-Electronics, Imaging Technologies, Pervasive Computing, Design Modelling and Simulation, Energy Technologies, Oil and Gas Technologies, Waste Minimisation and Micro-Nano Technologies, announced on 29th November 2004	3rd May 2005
Micro-Nano Technology, announced on 2nd July 2003	12th September 2005
High Performance materials, Bio-Pharmaceuticals, Next Generation Lasers in Manufacturing, Advanced Manufacturing – Direct Writing, Validation of Complex Systems, Zero Emissions Enterprises and Micro-Nano Technologies, Emerging Energy Technologies, announced on 25th April 2005	12th September 2005
Materials Modelling, Regenerative Medicine, Low Carbon Energy Technologies, Oil and Gas Technologies, Data Content and Storage, Data Retrieval and Analysis, Power Electronics and Power Control, Resource Efficiency, Contaminated Land and Design Manufacturing of Sustainable Products, announced on 18th October 2005	2nd May 2006
Fluidics, Bio-Markers, Bio-Exploration, ICT, Electronics and Photonics, Materials, Oil and Gas Technologies, Energy Efficiency and Emerging Energy Technologies, Low Carbon Energy Technologies, announced on 26th April 2006	12th September 2006
Emerging Energy Low Carbon Energy Technologies, Bio-Science for Healthcare, Sensors and Imaging, Plastic Electronics, projects from the Competition for Intelligent Transport Systems and Services Network Security and Zero Emissions Enterprises, announced on 2nd November 2006	21st May 2007

Article 3(b)(iii)

PART 3 Knowledge Transfer Network Schemes announced on 26th April 2004

Aerospace and Defence Knowledge Transfer Network Scheme

BioProcessingUK Knowledge Transfer Network Scheme

Bioscience for Business Knowledge Transfer Network Scheme

Chemistry Innovation Knowledge Transfer Network Scheme

COMONET – Condition Monitoring Network Scheme

Creative Media Knowledge Transfer Network Scheme

Cyber Security Knowledge Transfer Network Scheme

Digital Communications Knowledge Transfer Network Scheme

Electronics Knowledge Transfer Network Scheme

Electronics-enabled Products Knowledge Transfer Network Scheme

Food Processing Knowledge Transfer Network Scheme

Grid Computing Now! Knowledge Transfer Network: GridUK Scheme

Grid Computing Now! Knowledge Transfer Network: IECNet Scheme

Health Technologies Knowledge Transfer Network: Technology Translator to work with Innovation Manufacturing Research Centres Scheme (IMRCs)

Health Technologies Knowledge Transfer Network Scheme

Integrated Pollution Management Knowledge Transfer Network Scheme

Integrated Pollution Management Knowledge Transfer Network: Chairmanship of Euroenviron Scheme

Intelligent Transport Knowledge Transfer Network Scheme

Knowledge Transfer Network for Industrial Mathematics Scheme

Knowledge Transfer Network for the Modern Built Environment Scheme

Location and Timing Knowledge Transfer Network Scheme

Location and Timing Knowledge Transfer Network: Work Package 9 Scheme

Low Carbon and Fuel Cell Technologies Knowledge Transfer Network Scheme

Materials Knowledge Transfer Network Scheme

Materials Knowledge Transfer Network: Design Node Scheme

Measurement and Standards for Emerging Technologies Scheme (MSET)

Nanotechnology Knowledge Transfer Network Scheme

Photonics Knowledge Transfer Network Scheme

Resource Efficiency Knowledge Transfer Network Scheme

Sensors Knowledge Transfer Network: Work Packages 9 and 10 Scheme

Sensors and Instrumentation Knowledge Transfer Network Scheme

UK Displays and Lighting Knowledge Transfer Network Scheme

UK Optoelectronic Chemical Sensing Network Scheme

Article 3(b)(iv)

PART 4 Other Grant Schemes relating to Research and Development

Subject Matter and Date of Announcement of Scheme	Closing Dates for Applications under Scheme
LINK Optical Systems Programme, announced in August 2000	June 2003
eScience Programme, announced in June 2001	March 2004
LINK Information Storage and Display Programme, announced in June 2001	May 2004
Cleaner Coal Research and Development Programme – 4th Call, announced in January 2004	9th July 2004
Basic Technology Programme, announced in August 2001	September 2004
Next Wave Technologies and Markets Programme, announced in June 2001	September 2004
Civil Aircraft Research and Demonstration Programme – last series 1990	September 2004

Article 3(c)

SCHEDULE 3 Specified Grants

Date when Grant Offer made or Contract signed	Project for which Grant awarded	Recipient of Grant
20th December 2002	Tidal Stream Technology Development	Lunar Energy Ltd
14th February 2003	Pelamis Full Scale Demonstration	Ocean Power Delivery Limited
19th August 2003	Drying in the Woodfuel Supply Chain	Econergy Limited
1st December 2003	Metering and Monitoring of Domestic Embedded Generation	BEAMA Power Limited
12th May 2004	An Automotive Class MEA	Johnson Matthey PLC
16th July 2004	Cost Effective Improvements in DFIG Performance for Offshore Applications under Fault Conditions	Econnect Limited
19th July 2004	BWEC Feasibility Study	WS Atkins Consultants Limited
14th October 2004	Improved performance of wind turbines using fibre optic structural monitoring	Insensys Ltd
11th November 2004	100kWe Biomass fuelled indirect fired Micro Turbine	Talbotts Heating Limited
1st December 2004	Development of a Design Tool for Tidal Current Turbines	Garrad Hassan and Partners Limited
15th December 2004	Finite Element Modelling of Offshore Wind Turbine Support Structures	Garrad Hassan & Partners Limited
21st December 2004	Biofuel production from plant biomass derived sugars	TMO Renewables Limited
17th January 2005	Grid compliant AC connection of offshore windfarms using a STATCOM	National Grid Transco Ltd
19th January 2005	Power on Plastic	Kodak Limited
28th January 2005	Control of Wind Farm Grids with an HVDC Link	AREVA T&D UK Ltd
1st February 2005	Industrial research into multi fuel biomass boiler plant	Ashwell Engineering Services Ltd
13th June 2005	Low Cost 100x PV Concentrator	Whitfield Solar Ltd
13th June 2005	Low Cost 100x Pv Concentrator	NaREC (New and Renewable Energy Centre Limited)
17th June 2005	Advanced Automotive and Motive Power Fuel Cell Systems and Component Development	Intelligent Energy Limited
9th November 2005	High Added Value Modules for BIPV	NaREC (New and Renewable Energy Centre Limited)
9th January 2006	Pelamis WEC Cost Reduction & Performance Enhancement Programme	Ocean Power Delivery Limited
2nd February 2006	Fault Level Monitor Stage Two	EA Technology Limited
6th December 2006	Technology Support for 2nd Generation BIGCC Plant	Originally Alstom Ltd, now Siemens Industrial Turbomachinery Ltd
19th January 2007	Deepwater Offshore Windfarm Demonstrator Project	Talisman Energy UK Ltd
14th March 2007	Low Cost 100x Pv Concentrator	University of Warwick

EXPLANATORY NOTE

(This note is not part of the Order)

The Technology Strategy Board (“TSB”) has been established as a Research Council under the Science and Technology Act 1965 by virtue of the Technology Strategy Board Order 2007 (S.I. 2007/280). From 1st July 2007, the TSB is to take over certain activities previously carried out by the Secretary of State relating to Energy and Technology Innovation. This Order makes provision for the transfer to the TSB of certain property, rights, liabilities and obligations held, acquired or incurred by the Secretary of State under or in relation to certain contracts, grants and grant schemes relating to Energy and Technology Innovation.

A Regulatory Impact Assessment in respect of the Technology Strategy Board Order 2007 is available and a copy can be obtained from the Department of Trade and Industry, 1 Victoria Street, London, SW1H 0ET or at http://www.opsi.gov.uk/si/em2007/uksiem_20070280_en.pdf. Copies have been placed in the libraries of both Houses of Parliament.

(1)

1965 c.4. Section 3(6) confers an order-making power and a power to give directions. In 1992, these powers were transferred to the Minister for the Civil Service and made exercisable concurrently with the Chancellor of the Duchy of Lancaster (articles 2(1) and 3 of S.I. 1992/1296), but from 1st January 1996 they were vested solely in the Secretary of State (articles 3(1) and 5(1) of, and paragraph 1(1) of the Schedule to, S.I. 1995/2985).

(2)

1965 c.4. In 1992, the powers conferred on the Secretary of State by section 5(1) were made exercisable concurrently with the Minister for the Civil Service and the Chancellor of the Duchy of Lancaster (articles 2(2)(a) and 3 of S.I. 1992/1296), but from 1st January 1996, they were vested solely in the Secretary of State (articles 3(3)(a) and 5(1) of, and paragraph 1(2) of the Schedule to, S.I. 1995/2985). From 15th November 1999, the powers under section 5(1)(a) and (c) were made exercisable concurrently with the Minister of Agriculture, Fisheries and Food (article 2(1) and (2) of S.I. 1999/2785).