19Transfer of assets, rights and liabilities of Government agencies in connection with transfer of customer service functions

19 Transfer of assets, rights and liabilities of Government agencies in connection with transfer of customer service functions

19 Transfer of assets, rights and liabilities of Government agencies in connection with transfer of customer service functions

(1) A Government agency may transfer any assets, rights or liabilities of the Government agency to the Crown, with the consent of the Minister and the Minister who administers the Act under which the Government agency is constituted or who is otherwise responsible for the agency, if the transfer is for the purposes of enabling the Secretary to exercise customer service functions for the Government agency.

(2) A transfer authorised by this section is not to be regarded—

(a) as a breach of contract or confidence or otherwise as a civil wrong, or

(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.

(3) A transfer authorised by this section is not to be regarded as an event of default under any contract or other instrument.

(4) No attornment to the Crown by a lessee from the Government agency is required.

(5) This section does not apply to a council, a county council or a joint organisation within the meaning of the Local Government Act 1993.

(6) In this section—

assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.

instrument means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.

liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).

rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).