134.Section 92(1) allows the Secretary of State to make a scheme transferring his property, rights or liabilities to the LSC, OFSTED or ALI. He may transfer property and rights by means of such a scheme at any time, but there is a time limit on the transfer of his liabilities. Liabilities may only be transferred by this sort of scheme within three years of the date of the dissolution of the FEFCE. The Secretary of State may use schemes under section 92(1) to deal with property, rights and liabilities which have been returned to him by Training and Enterprise Councils (TECs), Chambers of Commerce, Training and Enterprise (CCTEs) and the Training Standards Council (TSC) under the contractual terms of their licence agreement with him. Section 93(1) enables the National Assembly for Wales to make similar transfer schemes to deal with the property, rights and liabilities which have been returned to it by the four TECs in Wales.
135.The Secretary of State may also make schemes under section 92(2) which transfer property rights and liabilities between any of the LSC, OFSTED and ALI. The Secretary of State can thus adjust their property, rights and liabilities in line with their new functions under this Act. The three year time limit applies to any transfer under section 92(2). There is no equivalent to section 92(2) in Wales.
136.Section 92(3) allows the Secretary of State to make schemes for the direct transfer of property, rights and liabilities from a TEC, a CCTE or the TSC to the LSC, OFSTED or ALI. In this way, it is not necessary for the TEC, CCTE or TSC property, rights or liabilities to be given first to the Secretary of State and then transferred using a scheme under section 92(1). But a scheme under section 92(3) cannot be made unless the transferor (that is, the TEC or CCTE in question or the TSC) consents to it. Again the three year time limit applies to any transfer under section 92(3). Section 93(2) makes similar provision for Wales enabling direct transfers from the four TECs in Wales.
Commentary on Sections Part V - Miscellaneous and General Sections 92 and 93: other transfers