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Dissolution of Board of Legal Education and transfer to Institute of property, existing contracts, etc.

Legal Profession Act 1966

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

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—(1) As from 3 May 2011, the Board of Legal Education is dissolved, and all movable and immovable property vested in the Board of Legal Education and all assets, interests, rights, privileges, liabilities and obligations of the Board of Legal Education are transferred to and vest in the Institute without further assurance, act or deed.(2) Without affecting subsection (8), all proceedings in respect of the transferred property, assets, interests, rights, privileges, liabilities and obligations by or against the Board of Legal Education which are pending on 3 May 2011 may be continued, completed and enforced by or against the Institute.(3) Every agreement relating to any of the transferred property, assets, interests, rights, privileges, liabilities and obligations to which the Board of Legal Education was a party immediately before 3 May 2011, whether or not of such nature that the rights and liabilities thereunder could be assigned, has effect as from that date as if —(a)the Institute had been a party to the agreement; and(b)for every reference to the Board of Legal Education, there was substituted, in respect of anything to be done on or after 3 May 2011, a reference to the Institute.(4) All contracts, agreements, conveyances, deeds, leases, guarantees, bonds, indemnities, instruments, undertakings, schemes and arrangements subsisting immediately before 3 May 2011 to which the Board of Legal Education is a party continue in force on and after that date and are enforceable by or against the Institute as if the Institute had been named therein or had been a party thereto instead of the Board of Legal Education.(5) As from 3 May 2011, all persons who, immediately before that date, were employed by the Board of Legal Education are transferred to the service of the Institute on terms no less favourable than those enjoyed by them immediately prior to their transfer.(6) Where, on 3 May 2011, any disciplinary proceedings were pending against any employee of the Board of Legal Education transferred to the service of the Institute, the proceedings are to be carried on and completed by the Institute.(7) The Institute may reprimand, reduce in rank, retire, dismiss or punish in some other manner any transferred employee who had, while he or she was in the employment of the Board of Legal Education, been guilty of any misconduct or neglect of duty which would have rendered him or her liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he or she had continued to be in the employment of the Board of Legal Education.(8) Without affecting subsection (2), all proceedings or causes of action pending or existing immediately before 3 May 2011 by or against the Board of Legal Education may be continued, completed and enforced by or against the Institute.(9) As from 3 May 2011, the Institute may issue any certificate or other document which could have been issued by the Board of Legal Education.(10) The operation of this section is not to be regarded —(a)as a breach of contract or confidence or otherwise as a civil wrong;(b)as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities; or(c)as giving rise to any remedy by a party to a legal instrument, or as causing or permitting the termination of any legal instrument, because of a change in the beneficial or legal ownership of any asset or liability.(11) The operation of this section is not to be regarded as an event of default under any contract or other legal instrument.(12) Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the Board of Legal Education is a party or may be bound prohibiting or having the effect of prohibiting the transfer of any property, asset, interest, right, privilege, liability or obligation transferred to the Institute under this section is deemed by this section to have been waived.(13) Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the Board of Legal Education is a party or may be bound conferring on the other party or parties thereto any right of first refusal or pre‑emption rights in respect of any property, asset, interest, right, privilege, liability or obligation to be transferred by reason of or arising from, or to the effect that a default occurs or is deemed to occur as a result of, the transfer or intended transfer of the property, asset, interest, right, privilege, liability or obligation under this section is deemed by this section to have been waived.(14) No attornment to the Institute by a lessee from the Board of Legal Education is required.

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