Joint Committee on Statutory Instruments Eighth Report


Memorandum by the Department of Health


  (TRANSFER SCHEME) ORDER 2001 (S.I. 2001/2561)

1. The Committee has asked the Department to submit a memorandum on the following point—

"Article 5(3) provides that any obligation of a New Body under paragraph (2)(b) is to cease if [(a)] there is a relevant change in the circumstances of the body or individual to whom the grant is made. Explain what changes are contemplated, and why not guidance is provided on this matter"

2. Article 5 of the Order provides for the transfer of obligations from the Central Council for Education and Training in Social Work ("CCETSW") to the appropriate successor body (the New Body, defined in article 1). Under paragraph (2)(b) of article 5, any grants awarded but not made by CCETSW are to be treated as awarded by the New Body, and the New Body must make the grant in accordance with and subject to the conditions of the award. Under article 5(3)(a), the obligation of the New Body is to cease of there is a relevant change in the circumstances of the body or individual to whom the grant is made.

3. The changes in the circumstances of the body or individual that are contemplated by article 5(3)(a) are any changes in those circumstances that might affect the basis on which the grant was awarded. One example would be where a grant is awarded to a student who was to undertake a course of training at a particular time, and he takes a break from the course; or his subsequent illness requires him to defer the course. His change of circumstances would be relevant as the grant was awarded on the basis of the training as originally proposed.

4. In the Departments view the relevance of the changes in circumstances is a question of fact for the New Body to determine, and it was not necessary for the Order to provide guidance for this purpose.

29 October 2001

previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2002
Prepared 25 January 2002