S.I. 2008/1405: memorandum from
the Department for Business, Enterprise and Regulatory Reform
Technology Strategy Board (Transfer of Property
etc.) Order 2008 (S.I.2008/1405)
In a letter to the Department dated 18 June 2008,
the Joint Committee on Statutory Instruments has requested a memorandum
on the following points:
In relation to the words in article 2 after paragraph
(a) -
(1) what effect are they regarded as having
that would not have been achieved had they not been included;
(2) how can property or rights be regarded
as having been "imposed"?
As regards question (1), this provision is designed
to ensure that what is transferred extends to property, rights,
liabilities and obligations that are not normally transferable.
For example, not just contractual rights in relation to the offer
letters specified in the Schedule to the Order but also full legal
responsibility for the administrative handling of such grants.
As regards question (2), the Department acknowledges
that property or rights are not usually described as having been
"imposed" and that it was at the least inelegant drafting
for this term in the fullout to apply to those terms in the chapeau
to article 2.
The Department is grateful to the Committee for drawing
these points to the Department's attention and will bear them
in mind should any further transfer orders of this kind be needed.
