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29 1930

VOCATIONAL EDUCATION ACT, 1930

PART VII.

Transitory Provisions in Relation to Committees of Technical Instruction.

The appointed day.

94. —In this Part of this Act the expression “the appointed day” means the day appointed under Part II . of this Act for the first meeting of vocational education committees or, if different days are so appointed in respect of different such committees, means in relation to each such committee the day so appointed for the first meeting of such committee.

Transfer of functions etc. to vocational education committees.

95. —(1) In every vocational education area, all the functions, powers, and duties under the Act of 1889, the Act of 1891 and the Act of 1899 or any of those Acts in relation to technical instruction in such area or any particular part thereof which, immediately before the appointed day, are vested in or imposed on the local authority for such area or such particular part thereof and are exercised and performed by such local authority through or by means of a committee appointed or partly appointed by it shall, on the appointed day, become and be transferred to and vested in or imposed on the vocational education committee for such area.

(2) As on and from the appointed day, sub-section (2) of section 1 of the Act of 1889 and section 14 of the Act of 1899 shall cease to have effect so far as they respectively relate to functions, powers, or duties transferred by this section to a vocational education committee.

(3) Nothing in this section shall operate to transfer to a vocational education committee any powers of rating or of borrowing vested in a local authority.

Transfer of property to vocational education committees.

96. —(1) Upon the appointed day, all property, whether real or personal (including choses-in-action) which, immediately before the appointed day, is vested in a local authority or a committee appointed under the Act of 1889 and the Act of 1899 or either of those Acts by a local authority or two or more local authorities jointly and is so vested in relation to or for the purposes of functions, powers, and duties transferred by this Part of this Act or upon or under a trust relating to technical instruction shall, on the appointed day and without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become and be vested in the vocational education committee to which such functions, powers, and duties are so transferred.

(2) Where any property transferred by this section consists of moneys, stocks, shares, or securities standing in the books of a bank, corporation, or company, such moneys, stocks, shares, and securities shall, upon the request of the vocational education committee to which the same are transferred by this section, be transferred by such bank, corporation, or company into the name of such committee.

(3) Every chose-in-action transferred by this section may be sued upon, recovered, or enforced by the vocational education committee to which such chose-in-action is so transferred in its own name and it shall not be necessary for such committee to give notice to the person bound by such chose-in-action of the transfer effected by this section.

(4) All moneys raised by a rate struck by a local authority for the service of the year beginning on the 1st day of April, 1930, and which but for this Act would have been paid to a committee appointed or partly appointed by such local authority to exercise and perform functions, powers and duties transferred by this Part of this Act to a vocational education committee and would have been applicable by such first-mentioned committee to the purposes of such functions, powers and duties, shall (so far as such moneys are not paid to such committee before the appointed day) be paid by such local authority to the said vocational education committee.

Transfer of debts and liabilities to vocational education committees.

97. —(1) Upon the appointed day, every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which, immediately before the appointed day, is owing and unpaid or has been incurred and is undischarged by a local authority or a committee appointed under the Act of 1889 and the Act of 1899 or either of those Acts by a local authority or two or more local authorities jointly and is so owing or has been so incurred in relation to or for the purposes of functions, powers, and duties transferred by this Part of this Act shall, save as is hereinafter otherwise provided, become and be the debt or liability of the vocational education committee to which such functions, powers, and duties are so transferred and shall be paid or discharged by and may be recovered from or enforced against such committee accordingly.

(2) Notwithstanding anything contained in the foregoing sub-section, every pension, superannuation allowance, or gratuity which, immediately before the appointed day, is or has become payable by a local authority or two or more local authorities jointly to a person on account of his having been an officer of such local authority or authorities or of a committee appointed under the Act of 1889 and the Act of 1899 or either of those Acts by such local authority or local authorities and having been employed by such authority, authorities, or committee wholly or partly in relation to functions, powers, or duties transferred by this Part of this Act shall, on and after the appointed day, be raised and paid by the same local authority or authorities and in the same manner as the same would have been required to be raised and paid if this Act had not been passed.

Continuance of pending transactions.

98. —Every act, matter, or thing which was commenced before the appointed day by or against a local authority or a committee appointed under the Act of 1889 and the Act of 1899 or either of those Acts by a local authority or two or more local authorities jointly and remains pending or uncompleted on the appointed day and was so commenced in exercise or performance or in relation to the exercise or performance of functions, powers, or duties transferred by this Part of this Act, may, on and after the appointed day, be continued and completed by or against the vocational education committee to which such functions, duties, and powers are so transferred, and for that purpose—

(a) in all legal proceedings to which any such local authority or any committee appointed as aforesaid is a party and which relate to the exercise or performance of such functions, powers, or duties and are pending on the appointed day, such vocational education committee may be added as a party in lieu of such local authority or committee; and

(b) all contracts and agreements to which any such local authority or any committee appointed as aforesaid is a party and which relate to such functions, powers, and duties and are on the appointed day not fully executed or completed shall have effect on and after the appointed day as if such vocational education committee had been named as a party thereto in place of such local authority or such committee.

Transfer of officers to vocational education committees.

99. —(1) Every person who, on the day before the appointed day, is an officer of a local authority or of a committee appointed under the Act of 1889 and the Act of 1899 or either of those Acts by a local authority or two or more local authorities jointly and is employed by such authority or committee on duties relating wholly or partly to functions, powers, and duties transferred from such authority or committee by this Part of this Act shall, on the appointed day and subject to the provisions of this section, be transferred to and become and be an officer of the vocational education committee to which such functions, powers, and duties are so transferred.

(2) Every officer transferred by this section shall, subject to the provisions of this section, perform in the service of the vocational education committee to which he is so transferred the like duties as he performed in the service from which he is so transferred.

(3) Every officer transferred by this section shall not, in the service of the vocational education committee to which he is so transferred, receive less remuneration or, subject to the provisions of this section, be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which he was subject in the service from which he is so transferred.

(4) A vocational education committee may, with the approval of the Minister, re-distribute or re-arrange the duties to be performed by officers transferred to it by this section and every such officer shall be bound to perform the duties allotted to him on any such re-distribution or re-arrangement, and no such re-distribution or re-arrangement shall be deemed to be a removal from or abolition of office for the purposes of the enactments relating to superannuation and compensation for loss of office.

(5) A vocational education committee may, with the sanction of the Minister, and shall, when so directed by the Minister, abolish the office of any officer transferred to it by this section and every such officer whose office is so abolished shall, for the purpose of the enactments relating to superannuation and compensation for loss of office, be deemed to have been removed from office by such committee for a cause other than misconduct or incapacity.

(6) When an officer transferred by this section is, immediately before the appointed day, employed by a committee whose functions, powers, and duties are transferred by this Part of this Act, and is at the same time employed by a committee whose functions, powers, and duties are not so transferred, the transfer of such officer by this section shall apply and have effect in relation only to his employment by such first-mentioned committee.

(7) The following provisions shall have effect in relation to every officer transferred by this section who, immediately before the appointed day, is employed by the local authority or committee from whose service he is so transferred on duties relating in part to functions, powers, or duties transferred by this Part of this Act and in part to other functions, powers, or duties, that is to say:—

(a) the transfer of such officer by this section shall extend and apply only to such of his duties (in this section referred to as transferred duties) as relate to functions, powers, and duties transferred by this Part of this Act, and he shall as respects all his other duties continue to be an officer of the local authority or committee of which he was an officer on the day before the appointed day;

(b) for the purposes of the provisions of this section relating to the duties to be performed by him after such transfer, his duties before such transfer shall be deemed to have been his transferred duties only;

(c) his remuneration immediately before such transfer shall be apportioned as between his transferred duties and his other duties and, for the purposes of the provisions of this section relating to his remuneration after such transfer and to the abolition of his office, his remuneration before such transfer shall be deemed to have been so much only of such remuneration as is on such apportionment appropriated to his transferred duties;

(d) every question or dispute arising in the application of the provisions of this sub-section to the case of any particular officer shall be settled by agreement between such officer, the local authority or committee from which he is transferred, and the vocational education committee to which he is transferred, and in default of such agreement shall be decided by the Minister and the Minister for Agriculture jointly, and the decision of those Ministers shall be final.