Student Support Act 2011

10.

Order appointing an awarding authority.

10.— (1) An order under section 9(1) may provide for—

( a) such matters as appear to the Minister to be necessary or expedient for the transfer of functions from the transferring awarding authority to the appointed awarding authority, and

( b) such other matters as may be incidental to or consequential on such transfer.

(2) Notwithstanding the generality of subsection (1) an order under section 9(1) may provide for one or more than one of the following:

( a) a direction to the transferring awarding authority to provide to the appointed awarding authority such records, data or information as relate to a function referred to in the order, or a class of such records, data or information, and within such period, as is specified in the direction;

( b) in relation to land and property—

(i) that such land (or a part thereof) as relates to a function referred to in the order which, immediately before the order is made was vested in the transferring awarding authority and all rights, powers and privileges relating to or connected with that land shall without conveyance, transfer or assignment stand vested in the appointed awarding authority for all the estate and interest for which it was vested in the transferring awarding authority but subject to all trusts and equities affecting that land subsisting and capable of being performed,

(ii) that some or all of such property other than land (including choses-in-action), as relates to a function referred to in the order which, immediately before the order is made, was the property of the transferring awarding authority shall, without any transfer or assignment, stand transferred to the appointed awarding authority,

(iii) that a chose-in-action referred to in subparagraph (ii) may after the order is made, be sued on, recovered or enforced by the appointed awarding authority in its own name and it shall not be necessary for the appointed awarding authority to give notice to the person bound by any such chose-in-action of the transfer effected by the order, or

(iv) that moneys, stocks, shares or securities referred to in subparagraph (ii) and which, immediately before the order is made are in the name of the transferring awarding authority shall be transferred, at the request of the appointed awarding authority, to the name of the appointed awarding authority;

( c) that some or all of such of the rights or liabilities as relate to the function referred to in the order may, on or after the date of the order, be sued on, recovered or enforced by or against the appointed awarding authority without the necessity for the appointed awarding authority to give notice of the order to the person whose right or liability is transferred;

( d) in relation to some or all of such contracts or agreements as relate to a function referred to in the order—

(i) the continuance in force of the contract or agreement made between the transferring awarding authority or any trustee or agent of the authority acting on its behalf, and any other person which is in force immediately before the day of the making of the order, or

(ii) the construction of the contract or agreement as if the appointed awarding authority were substituted therein for the transferring awarding authority without the necessity for the appointed awarding authority to give notice of the order to the person whose right or liability is transferred;

( e) the continuance of some or all of such legal proceedings as relate to a function referred to in the order and pending in a court or tribunal before the making of the order to which the transferring awarding authority is a party, by the substitution of the name of the appointed awarding authority for the name of the transferring awarding authority and that the proceedings shall not abate by reason of such substitution;

( f) the preparation by the transferring awarding authority of such final accounts of that authority as relate to a function referred to in the order within a specified period and submission of same to such persons as may be specified in the order including the Minister, the Minister for Finance, the Minister for the Environment, Heritage and Local Government, a relevant Minister, the Comptroller and Auditor General or the appointed awarding authority;

( g) subject to section 11

(i) the transfer of an employee who, immediately before the making of the order is an employee of the transferring awarding authority performing duties related to a function referred to in the order, to the appointed awarding authority;

(ii) the transfer of the contract of employment of a person who, immediately before the making of the order is a fixed-term employee of the transferring awarding authority performing duties related to a function referred to in the order, to the appointed awarding authority.

(3) In this section “fixed-term employee” has the meaning given to it by the Protection of Employees (Fixed-Term Work) Act 2003.