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.