Further Education and Training Act 2014
sec.29Statutory transfer or cancellation of registered training contract
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sec.29 Statutory transfer or cancellation of registered training contract
This section applies if an event mentioned in section 58 (1) (a) happens. The registered training contract is taken to have been transferred by the employer who is a party to the contract to the purchaser of the employer’s business on the day agreed between the employer and the purchaser. However, subsection (2) does not apply if the purchaser gives the chief executive written notice, before the sale or disposal of the business takes effect, that the purchaser does not want the registered training contract to be transferred under subsection (2) . Notice under subsection (3) relates only to the registered training contract and not to the employment by the purchaser of the apprentice or trainee under the contract. If the purchaser gives the chief executive notice under subsection (3) , the registered training contract is cancelled and the chief executive must give the apprentice or trainee written notice of the cancellation. If an event mentioned in section 58 (1) (b) happens— if the business of the dissolved partnership is continued by 1 person who was a partner of the dissolved partnership—the registered training contract is taken to be assigned to the person when the winding-up of the affairs of the dissolved partnership is complete; or if the business of the dissolved partnership is continued by 2 or more persons who were partners of the dissolved partnership under a new partnership—the registered training contract is taken to be assigned to the persons when the new partnership begins; or if neither paragraph (a) nor (b) applies—the registered training contract is cancelled. (sec.29-ssec.1) This section applies if an event mentioned in section 58 (1) (a) happens. (sec.29-ssec.2) The registered training contract is taken to have been transferred by the employer who is a party to the contract to the purchaser of the employer’s business on the day agreed between the employer and the purchaser. (sec.29-ssec.3) However, subsection (2) does not apply if the purchaser gives the chief executive written notice, before the sale or disposal of the business takes effect, that the purchaser does not want the registered training contract to be transferred under subsection (2) . (sec.29-ssec.4) Notice under subsection (3) relates only to the registered training contract and not to the employment by the purchaser of the apprentice or trainee under the contract. (sec.29-ssec.5) If the purchaser gives the chief executive notice under subsection (3) , the registered training contract is cancelled and the chief executive must give the apprentice or trainee written notice of the cancellation. (sec.29-ssec.6) If an event mentioned in section 58 (1) (b) happens— if the business of the dissolved partnership is continued by 1 person who was a partner of the dissolved partnership—the registered training contract is taken to be assigned to the person when the winding-up of the affairs of the dissolved partnership is complete; or if the business of the dissolved partnership is continued by 2 or more persons who were partners of the dissolved partnership under a new partnership—the registered training contract is taken to be assigned to the persons when the new partnership begins; or if neither paragraph (a) nor (b) applies—the registered training contract is cancelled.