Explanatory note
(This note is not part of the Order)
The Science and Technology Facilities Council (“STFC”) is established as a Research Council under the Science and Technology Act 1965 by virtue of the Science and Technology Facilities Council Order 2007 (S.I. 2007/279) with effect from 1 April 2007. STFC will be required, by virtue of directions from the Secretary of State for Trade and Industry given under section 3(6) of the Act, to take over, from 1 April 2007, the responsibilities carried out immediately before that date by the Council for the Central Laboratory of the Research Councils (“CCLRC”) and the Particle Physics and Astronomy Research Council (“PPARC”), as well as certain responsibilities of the Engineering and Physical Sciences Research Council (“EPSRC”) relating to support for research into nuclear physics.
This Order makes provision for the transfer to STFC of:
all property, rights, liabilities and obligations held, acquired or incurred in connection with the carrying on of activities by CCLRC and PPARC; and
certain rights, liabilities and obligations acquired or incurred in connection with the carrying on of activities by EPSRC.
In most cases, these transfers will be effected on 1 April 2007 by virtue of the Order itself (see Articles 3 and 9). However, in some cases, legal requirements will make it necessary either to go through additional formalities (such as registration of title to registered land held by CCLRC or PPARC in England and Wales) or to execute a separate instrument of transfer (such as an assignment of CCLRC or PPARC’s rights under agreements made under foreign laws which do not recognise the effectiveness of the Order to transfer those rights). These cases are provided for in Article 4. The Schedules list, and Article 5(1)(f) and (g) describes, particular property, rights, liabilities and obligations transferred, or to be transferred, to STFC. However, Article 5(2) provides that no property, right, liability or obligation of CCLRC or PPARC shall not be transferred to STFC merely because it is not specified, or is not of a description specified, in the Order.
Provision is also made, in Articles 6 and 7, for existing and former employees of CCLRC and PPARC to have continuity of pension provision following the transfer of their employment to STFC. This applies in particular to provision made under the United Kingdom Atomic Energy Authority and Research Councils pension schemes.