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The Foreign Compensation Commission (Winding Up) Order 2013

S.I. 2013/236 · Made 12 February 2013

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Foreign Compensation

Made 12th February 2013

Laid before Parliament 19th February 2013

Coming into force 29th March 2013

At the Court at Buckingham Palace, the 12th day of February 2013

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 7(1)(f) of the Foreign Compensation Act 1950f1 is pleased, by and with the advice of Her Privy Council, to order, as follows:

Annotations to the whole text

Footnotes

f1

1950 c. 12; the application of section 7(1) was extended by section 3(2) of the Foreign Compensation Act 1962 (11 & 12 Eliz. 2 c. 4).

Contents

  1. 1Citation and Commencement
  2. 2Interpretation
  3. 3Winding up of the Commission
  4. 4Transfer of property, rights and liabilities
  5. 5Transfer of property, rights and liabilities
  6. Signature
  7. Schedule: Property, Rights and Liabilities Transferred to the Secretary of State
  8. 1Contracts and commitments
  9. 2Non-contractual rights
  10. 3Non-contractual liabilities
  11. 4Intellectual property
  12. 5Furniture and moveable equipment
  13. 6Records
  14. 7Stock
  15. 8Working capital
  16. 9Statutory licences and registrations
  17. Explanatory note

1Citation and Commencement

This Order may be cited as the Foreign Compensation Commission (Winding Up) Order 2013 and comes into force on 29th March 2013.

2Interpretation

In this Order—

  • “Commission” means the Foreign Compensation Commission established under section 1(1) of the Foreign Compensation Act 1950;

  • “winding up date” means the beginning of the 29th March 2013.

3Winding up of the Commission

The Commission is wound up on the winding up date.

4Transfer of property, rights and liabilities

The property, rights and liabilities described in the Schedule are, on the winding up date, transferred to the Secretary of State.

5Transfer of property, rights and liabilities

Where in relation to any property, rights or liabilities that are transferred under article 4, any legal proceedings have been commenced by or against the Commission, those proceedings may be continued by or against the Secretary of State.

Signature

Richard Tilbrook

Clerk of the Privy Council

1Contracts and commitments

Any property, rights or liabilities that the Commission has in connection with any contracts, agreements, arrangements, commitments, engagements, assignments and orders (in writing or otherwise).

2Non-contractual rights

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

3Non-contractual liabilities

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

4Intellectual property

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

5Furniture and moveable equipment

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

6Records

Any property, rights or liabilities that the Commission has in connection with any records. For this purpose, “records” means document held by or on behalf of the Commission irrespective of the media or method of storage including in particular—

(a)

all books of account, ledgers, payroll records, income records, disbursement records, invoices, receipts, registers, reports and information relating to contracts or suppliers;

(b)

all records relating to the Commission’s employees or other staff, including all payroll schedules, pensions records, personnel files and disciplinary records;

(c)

all records of meetings, correspondence and submissions to the Secretary of State;

(d)

all results of research and documents relating to research; and

(e)

all library material, books, reference material and publications.

7Stock

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

8Working capital

Any property, rights or liabilities that the Commission 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 Commission and owed to the Commission at the winding up date including the right to receive payment for goods despatched or delivered and services rendered before the winding up 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.

9Statutory licences and registrations

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

Explanatory note

(This note is not part of the Order)

This Order, which is made under section 7(1)(f) of the Foreign Compensation Act 1950, winds up the Foreign Compensation Commission established under section 1(1) of the Foreign Compensation Act 1950 and makes provision for the transfer of its property, rights and liabilities to the Secretary of State.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.