The Industrial Training (Plastics Processing Board) (Revocation) Order 1991

Made: 21st February 1991

Laid before Parliament: 6th March 1991

Coming into force –

The Secretary of State, in exercise of the powers conferred on him by sections 1(1) and (7) and 4(1) and (2)(b) of the Industrial Training Act 1982[^f00001] and of all other powers enabling him in that behalf, after the carrying out by him of consultations in accordance with section 1(4) of that Act, hereby makes the following Order:–

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Industrial Training (Plastics Processing Board) (Revocation) Order 1991.

• (2) The provisions of this Order (except articles 3 and 4) shall come into force on 31st March 1991.

• (3) Articles 3 and 4 of this Order shall come into force on 30th September 1991.

• (4) In this Order –

• (a) “the Act” means the Industrial Training Act 1982;

• (b) “the Board” means the Plastics Processing Industry Training Board established by the Industrial Training (Rubber and Plastics Processing Board) Order 1967[^f00002] and re-named by the Industrial Training (Plastics Processing Board) Order 1982[^f00003];

• (c) “the net assets” means the assets which are not required to meet the liabilities of the Board and the expenses of its winding up; and

• (d) “the revocation date” means the date on which article 3 below comes into force.

Winding up of the Board

2

• (1) The Board shall be wound up in accordance with the provisions of this article.

• (2) On the coming into force of this article the Board shall cease to exercise its functions except in so far as continued exercise of those functions may be necessary or expedient for the purpose of winding up.

• (3) Between the coming into force of this article and the revocation date the Board shall so far as practicable discharge its liabilities.

• (4) On or after the revocation date the net assets of the Board which are transferred to the Secretary of State under article 4below shall be applied for charitable purposes related to or connected with training for employment.

• (5) The Board shall for the part of its financial year ending on the revocation date make a final report to the Secretary of State in accordance with section 8 of the Act and that report shall include a statement of accounts of the Board to that date together with a copy of any report made by the auditors on the accounts. The Secretary of State shall lay a copy of the report before Parliament.

Revocation

3

The Industrial Training (Rubber and Plastics Processing Board) Order 1967 and the Industrial Training (Plastics Processing Board) Order 1982 are hereby revoked.

Incidental and transitional provisions

4

• (1) All property (including records) and rights to which the Board was entitled immediately before the revocation date and any obligation to which the Board was then subject, not having been discharged under article 2(3) above, are hereby transferred to and shall vest in the Secretary of State.

• (2) Any proceedings which, but for the revocations in article 3 above, could have been commenced or continued by or in relation to the Board, may be commenced or continued by or in relation to the Secretary of State.

• (3) Every contract, agreement, licence and authority, whether written or not, and every deed, bond, instrument and document made before the revocation date and still in effect at that time, which relates to property, rights or obligations of the Board shall continue in effect but subject to the following modifications, so far as they or any one or more of them are applicable –

• (a) if the Board is a party thereto the Secretary of State shall be substituted as that party;

• (b) for a reference therein (however worded and whether express or implied) to the Board there shall, as respects anything falling to be done or occurring after that time, be substituted a reference to the Secretary of State;

• (c) for a reference therein (however worded and whether express or implied) to the members or any member or to any officer or officers of the Board there shall be substituted, as respects anything done or falling to be done or occurring on or after the revocation date, a reference to such officers or officer as the Secretary of State shall appoint for the purpose therein specified; and

• (d) for a reference therein to the office or place of business of the Board there shall be substituted a reference to the office or place of business of the Secretary of State.

Signed

Signed by order of the Secretary of State.

Robert Jackson — Parliamentary Under Secretary of State, — Department of Employment — 21st February 1991

Explanatory note

(This note is not part of the Order)

This Order provides –

• (a) for the winding up of the Plastics Processing Industry Training Board (the Board) which was established by the Industrial Training (Rubber and Plastics Processing Board) Order 1967 (the 1967 Order) and re-named by the Industrial Training (Plastics Processing Board) Order 1982 (the 1982 Order). The 1967 Order was amended by the 1982 Order (article 2);

• (b) for the revocation of the Orders mentioned in (a) above with effect from 30th September 1991 (article 3);

• (c) that on the revocation date the assets of the Board which are not required to meet its liabilities and the expenses of its winding up are to be applied for charitable purposes related to or connected with training for employment.

The Order also contains incidental and transitional provisions (article 4).

Footnotes

[^f00001]: 1982 c. 10; sections 1and (7) and 4(2)(b) were amended by the Employment Act 1989 (c. 38); section 1(4) was substituted by section 23; section 1(7) was amended by section 22(4) and Schedule 4, paragraph 1(4); and section 4(2)(b) was substituted by section 24(2).

[^f00002]: S.I. 1967/1062, amended by S.I. 1982/923.

[^f00003]: S.I. 1982/923.