SCHEDULE 4Transfer of staff and property to CHS
5Transfer of property etc. to CHS
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.