OpenLegislation

Paragraph 5 Transfer of assets etc.

Original text. Later amendments are not shown.

(1)

The Welsh Ministers may transfer relevant property, rights and liabilities of—

(a)

the interim scheme administrator to the first DMO appointed by the Welsh Ministers;

(b)

the outgoing DMO to the new DMO, or to the interim scheme administrator, as a consequence of the outgoing DMO ceasing to be the DMO;

(c)

the interim scheme administrator to the new DMO, where the new DMO is appointed during a period in which the interim scheme administrator exercises the DMO’s functions.

(2)

The relevant property, rights and liabilities that may be transferred under sub-paragraph (1) are—

(a)

data created and compiled specifically for the Scheme;

(b)

land assets;

(c)

intellectual property, including Scheme branding;

(d)

deposits;

(e)

IT systems;

(f)

contracts entered into by the outgoing DMO or interim scheme administrator for the purpose of the Scheme;

(g)

collection and processing infrastructure;

(h)

staff and human resources systems.

(3)

The Welsh Ministers may only transfer such of the relevant property, rights and liabilities set out in sub-paragraph (2) as constitute the minimum assets required to keep the Scheme operational and to protect consumer interests.

(4)

The transfer of any property, rights and liabilities is effective on the new appointment date.

(5)

The property, rights and liabilities that may be transferred under this paragraph include property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the outgoing DMO or interim scheme administrator.

(6)

A transfer of property, rights and liabilities under this paragraph takes effect despite the absence of any required consent or concurrence to or with the transfer and as if—

(a)

no liability existed in respect of a contravention of a requirement for consent or concurrence that would otherwise exist by reason of any provision (whether under any enactment or agreement or otherwise) having effect in relation to the terms on which the outgoing DMO or interim scheme administrator is entitled to the property or right, or subject to the liability in question, and

(b)

there was no interference with any property or right that would otherwise exist by reason of any provision (whether under any enactment or agreement or otherwise) having effect in relation to the terms on which the outgoing DMO or interim scheme administrator is entitled to the property or right, or subject to the liability in question.

(7)

For the purposes of this paragraph, any property, right or liability of the outgoing DMO or interim scheme administrator is relevant property, or a relevant right or liability, only if it was acquired by the outgoing DMO or interim scheme administrator, or they became subject to it, in the course of the exercise of their functions as the DMO under the Scheme.

(8)

In this paragraph and paragraph 6—

  • “the new appointment date” (“dyddiad y penodiad newydd”) means the date on which, as the case may be—

    1. (a)

      the first DMO is appointed;

    2. (b)

      the new DMO’s appointment takes effect;

    3. (c)

      the Welsh Ministers begin carrying out any DMO functions under regulation 83(4)(a);

    4. (d)

      a person is appointed to carry out DMO functions under regulation 83(4)(b);

  • “the new DMO” (“yr SRhE Newydd”) means the person next appointed as the DMO following the revocation of the outgoing DMO's appointment;

  • “the outgoing DMO” (“yr SRhE ymadawol”) means the person whose appointment as the DMO is revoked under paragraph 3 or 4.