Commentary on Clauses Section 48: Transfer of property &c.: general
273.This section effects the transfer of all matters, other than functions, from the Inland Revenue and Customs and Excise to the new department. It is subject to section 49, which provides for the appropriate property, rights and liabilities of the old departments to be transferred to the Director of Revenue and Customs Prosecutions.
274.Subsection (1) provides for the transfer of all property, rights and liabilities of the Commissioners of Inland Revenue and of Customs and Excise to be transferred to the Commissioners for HMRC. It will be effective from the time the functions set out in section 5 are vested in the Commissioners for HMRC.
275.Subsections (2) and (3) provide for anything being done, or in the process of being done, by or on behalf of the Commissioners of the old departments immediately before the commencement to take effect as if done, or may continue to be done by the new Commissioners. This includes legal proceedings which are in progress at the time of the transfer (other than those which transfer to RCPO under section 49(5)).
276.Subsections (4) to (6) effect the same provisions in respect of officers’ property etc.
277.Subsection (7) provides that, where necessary and appropriate, references to the Commissioners or officers of the old departments in any documents, shall be treated as a reference to the new Commissioners or new officers respectively, on and after commencement.