SCHEDULE 3Transfers of staff and property

Part 2Transfer of property, rights and liabilities to the Authority

5Interpretation

In this Part, “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).

6Transfer of property, rights and liabilities

1

The Scottish Ministers may make a transfer scheme.

2

A transfer scheme is a scheme making provision for or in connection with the transfer to the Authority of property, rights and liabilities of any of the following—

a

a police authority;

b

a joint police board;

c

a local authority;

d

the Scottish Ministers;

e

any other person.

3

A transfer scheme may make provision by virtue of sub-paragraph (2) only in so far as the property, rights or liabilities relate to the functions of the Agency (as specified in section 2(2)) or the police support services.

4

A transfer scheme must specify a date (the “transfer date”) on which the transfer is to take effect; and different dates may be specified in relation to different property, rights or liabilities.

5

On the transfer date—

a

any property or rights to which a transfer scheme applies transfer to and vest in the Authority; and

b

any liabilities to which such a scheme applies become liabilities of the Authority.

6

A transfer scheme may make provision for the creation of rights, or the imposition of liabilities, in relation to the property, rights or liabilities transferred by virtue of the scheme.

7

A certificate issued by the Scottish Ministers that any property, right or liability has, or has not, been transferred by virtue of a transfer scheme is conclusive evidence of the transfer or the fact that there has not been a transfer.

8

A transfer scheme may in particular make provision about the continuation of legal proceedings.

9

A transfer scheme may make provision for the Authority to make any payment which—

a

before a day specified in the scheme could have been made by any of the persons specified in paragraphs (a) to (e) of sub-paragraph (2); but

b

is not a liability which can become a liability of the Authority by virtue of a transfer scheme.

10

A transfer scheme may make provision for the payment by the Authority of compensation in respect of property and rights transferred by virtue of the scheme.

11

Before making a transfer scheme, the Scottish Ministers must consult—

a

the Authority;

b

any police authority, joint police board, local authority or other person whose property, rights and liabilities (or any of them) are to be transferred by virtue of the scheme.