sch.1-sec.42Pending legal proceedings

### sch.1-sec.42 Pending legal proceedings If, immediately before the transfer day, the former authority was a party to a legal proceeding, the commission is substituted for the former authority as the party. For section 111(1), the commission is taken to have knowledge of the commission of a past offence— if the offence came to the former authority’s knowledge; and when the offence came to the former authority’s knowledge. See section 45(6) for the continued authorisation of particular persons to bring prosecutions for offences against this Act. In this section— legal proceeding means a proceeding before a court or tribunal. past offence means an offence against this Act for which— the alleged date of commission of the offence was before the transfer day; and the prosecution for the offence had not yet started on the transfer day. sch 1 s 42 ins 2013 No. 38 s 10 (sch.1-sec.42-ssec.1) If, immediately before the transfer day, the former authority was a party to a legal proceeding, the commission is substituted for the former authority as the party. (sch.1-sec.42-ssec.2) For section 111(1), the commission is taken to have knowledge of the commission of a past offence— if the offence came to the former authority’s knowledge; and when the offence came to the former authority’s knowledge. See section 45(6) for the continued authorisation of particular persons to bring prosecutions for offences against this Act. (sch.1-sec.42-ssec.3) In this section— legal proceeding means a proceeding before a court or tribunal. past offence means an offence against this Act for which— the alleged date of commission of the offence was before the transfer day; and the prosecution for the offence had not yet started on the transfer day. - (a) if the offence came to the former authority’s knowledge; and - (b) when the offence came to the former authority’s knowledge. - (a) the alleged date of commission of the offence was before the transfer day; and - (b) the prosecution for the offence had not yet started on the transfer day.