Children’s Hearings (Scotland) Act 2011

Transfer of property etc. to CHS

5 (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 CHS of property, rights, liabilities and obligations of any of the following—

(a) SCRA,

(b) a local authority,

(c) the Scottish Ministers.

(3) A transfer scheme must specify a date (the “transfer date”) on which the transfer is to take effect.

(4) A transfer scheme may—

(a) specify different dates in relation to different property, rights, liabilities and obligations,

(b) make different provision in relation to different cases or classes of case.

(5) On the transfer date—

(a) any property or rights to which a transfer scheme applies transfer to and vest in CHS,

(b) any liabilities or obligations to which such a scheme applies become liabilities or obligations of CHS.

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

(7) A certificate issued by the Scottish Ministers that any property, right, liability or obligation 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 CHS to make any payment which—

(a) before a day specified in the scheme could have been made by a person specified in sub-paragraph (2)(a) or (b), but

(b) is not a liability which can become a liability of CHS by virtue of a transfer scheme.

(10) A transfer scheme may make provision for the payment by CHS 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) CHS,

(b) the person mentioned in sub-paragraph (2)(a) or (b) whose property, rights, liabilities and obligations (or any of them) are to be transferred by virtue of the scheme, and

(c) any other person with an interest in the property, rights, liabilities or obligations which are to be so transferred.