The Personal Accounts Delivery Authority Winding Up Order 2010

Article 4(1)

SCHEDULE 1 Property, rights and liabilities transferred to the corporation

Contracts and commitments

1.  Any property, rights or liabilities that the Authority has in connection with any contracts, agreements, arrangements, commitments, engagements, assignments or orders (in writing or otherwise) including, without prejudice to the generality of the foregoing—

(a) in relation to information technology, any leasing, hire-purchase, licensing or purchase agreements and any agreements for software development, consultancy, outsourcing, disaster recovery, website design, source code deposit, networking, facilities management, bureau services or maintenance and support;

(b) any agreements entered into with respect to the provision of services that relate to the administration or management of the pension scheme established under section 67 of the 2008 Act;

(c) any agreements entered into in relation to any financial assistance that has been given to the Authority by the Secretary of State under paragraph 18 of Schedule 6 to the Act(1), including any grant or loan; and

(d) any agreements in relation to the occupation by the Authority of any property.

Non-contractual rights

2.  Any non-contractual rights or claims of the Authority that are exercisable against any third party, whether actual, contingent, accrued or accruing and whether arising in tort or under any trust or fiduciary relationship of any sort or under any enactment.

Non-contractual liabilities

3.  Any non-contractual liabilities in respect of any claims by any third party against the Authority whether actual, contingent, accrued or accruing and whether arising in tort or under any trust or fiduciary relationship of any sort or under any enactment.

Intellectual property

4.  Any property, rights or liabilities that the Authority has in connection with any intellectual property.

Furniture and moveable equipment

5.  Any property, rights or liabilities that the Authority has in connection with any furniture, fittings, plant, equipment, stationery, computers or other machinery.

Records

6.  Any property, rights or liabilities that the Authority has in connection with any records.

Stock

7.  Any property, rights or liabilities that the Authority has in connection with any finished or unfinished goods, stock, scrap, inventory, stores or raw materials.

Working capital

8.  Any property, rights or liabilities that the Authority has in—

(a) any cash in hand or at a bank;

(b) any book or other debts arising out of or attributable to the activities of the Authority and owed to the Authority at the transfer date including the right to receive payment for goods despatched or delivered and services rendered before the transfer date but not invoiced before such time; or

(c) any creditors (whether invoiced or not), accrued charges and all other amounts whether due now or in the future.

Statutory licences and registrations

9.  Any property, rights or liabilities that the Authority has under any licences or registrations granted under any enactment.

Article 4(2)

SCHEDULE 2 Property, rights and liabilities transferred to the Secretary of State

Contracts and commitments

1.  Any property, rights or liabilities that the Authority has in connection with any contracts, agreements, arrangements, commitments, engagements, assignments and orders (in writing or otherwise) in so far as that property or those rights or liabilities relate to any records within paragraph 5.

Non-contractual rights

2.  Any non-contractual rights or claims of the Authority that are exercisable against any third party, whether actual, contingent, accrued or accruing and whether arising in tort or under any trust or fiduciary relationship of any sort or under any enactment, in so far as those rights and claims relate to any records within paragraph 5.

Non-contractual liabilities

3.  Any non-contractual liabilities in respect of any claims by any third party against the Authority whether actual, contingent, accrued or accruing and whether arising in tort or under any trust or fiduciary relationship of any sort or under any enactment, in so far as those rights and claims relate to any records within paragraph 5.

Intellectual property

4.  Any property, rights or liabilities that the Authority has in connection with any intellectual property inherent in, or relating to, any records within paragraph 5.

Records

5.  Any other property, rights or liabilities that the Authority has in connection with any records that consist wholly or in part of information—

(a) relating to assistance or advice given, or proposed to be given, by the Authority to the Secretary of State under section 79(2)(a) of the 2008 Act or section 21 of the Act (before it was repealed) for the purpose of enabling the Secretary of State to make a decision on a matter relating to policy;

(b) relating to assistance or advice given, or proposed to be given, by the Authority to the Secretary of State or the Pensions Regulator under section 79(2)(b) of the 2008 Act;

(c) relating to or connected with the making of a decision by the Secretary of State on a matter relating to policy;

(d) created or assembled in connection with any information within sub-paragraph (a), (b) or (c); or

(e) relating to the oversight by the Secretary of State of the Authority’s management of its affairs.

(1)

Paragraph 18 was substituted by the 2008 Act, section 82.