Health and Social Care (Quality and Engagement) (Wales) Act 2020

(introduced by section 23(3))

SCHEDULE 2 Transfers of Property, Rights and Liabilities

Transfer schemes

1 (1) The Welsh Ministers may, in connection with the abolition of Community Health Councils, make one or more transfer schemes.

(2) A transfer scheme is a scheme providing for the transfer to the Citizen Voice Body of any property, rights and liabilities mentioned in sub-paragraph (3).

(3) The property, rights and liabilities are property and rights acquired, or liabilities incurred, by—

(a) the Welsh Ministers;

(b) a Local Health Board;

(c) an NHS trust.

(4) The things that may be transferred under a transfer scheme include—

(a) property, rights and liabilities which could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of the scheme.

(5) A transfer scheme may make consequential, supplementary, incidental, transitional or transitory provision.

(6) By virtue of sub-paragraph (5), a transfer scheme may, for example—

(a) create rights, or impose liabilities, in relation to property or rights transferred;

(b) make provision about the continuing effect of things done in respect of anything transferred;

(c) make provision about the continuation of things (including legal proceedings) in the process of being done in respect of anything transferred;

(d) make provision for the shared ownership or use of property;

(e) make provision for references to the Welsh Government or the Welsh Ministers, or references to a Local Health Board or an NHS trust, in an instrument or other document in respect of anything transferred to be treated as references to the Citizen Voice Body;

(f) make provision which is the same as or similar to a provision made by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) in a case where those regulations do not apply in relation to the transfer.

(7) A transfer scheme may provide—

(a) for modification by agreement;

(b) for modifications to have effect from the date when the scheme came into effect.

(8) The Welsh Ministers must lay a copy of any transfer scheme before the National Assembly for Wales.

(9) In this paragraph—

(a) references to rights and liabilities include references to rights and liabilities arising in relation to a contract of employment;

(b) references to the transfer of property include references to the grant of a lease.