Police and Justice Act 2006

Part 5 Transfer schemes

Meaning of “scheme”

37 In this Part of this Schedule “scheme” means a scheme made by the Secretary of State.

Property, rights and liabilities

38 A scheme may make provision for the transfer to the Agency or the Secretary of State—

(a) of property, rights and liabilities of the Central Police Training and Development Authority;

(b) of property, rights and liabilities of the Police Information Technology Organisation.

39 (1) The property, rights and liabilities for whose transfer a scheme under paragraph 38 may provide include (in particular)—

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

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

(c) rights and liabilities under contracts of employment, subject to sub-paragraph (2).

(2) A scheme under paragraph 38 may not provide for the transfer to the Secretary of State of rights and liabilities under contracts of employment.

(3) Before making a scheme under paragraph 38 that provides for the transfer of rights and liabilities under contracts of employment, the Secretary of State must consult such persons appearing to represent the interests of the employees concerned as the Secretary of State considers appropriate.

40 A scheme may make provision for the creation, in favour of the Agency or the Secretary of State, of interests in, or rights in relation to, anything that could be transferred by a scheme under paragraph 38.

41 (1) A scheme under paragraph 38 may make provision for the creation of interests in or rights in relation to, or for the imposition of liabilities in relation to, anything that is or could be transferred by the scheme.

(2) A scheme under paragraph 40 may make provision for the imposition of liabilities in relation to anything created by the scheme.

(3) A scheme under paragraph 38 or 40 may contain provision about enforcement of a right or liability whose transfer, creation or imposition is provided for by the scheme.

42 (1) At the time appointed for the purpose by a scheme under paragraph 38 or 40—

(a) property, rights and liabilities for whose transfer the scheme provides,

(b) interests and rights for whose creation the scheme provides, and

(c) liabilities for whose imposition the scheme provides,

shall, by virtue of this sub-paragraph, be transferred or (as the case may be) created or imposed in accordance with the scheme.

(2) A scheme under paragraph 38 or 40 may appoint different times for the transfer, creation or imposition of different things.

Effect of transfer of employees

43 (1) This paragraph applies if a scheme under paragraph 38 provides for the transfer of rights and liabilities under a contract of employment.

(2) The contract—

(a) is not terminated by the transfer, and

(b) has effect from the appointed time as if made between the employee and the Agency.

(3) The rights, powers, duties and liabilities of the old employer under or in connection with the contract are (by virtue of paragraph 42(1)) transferred to the Agency at the appointed time.

(4) Anything done before the appointed time by or in relation to the old employer in respect of the contract or the employee is to be treated from that time as having been done by or in relation to the Agency.

(5) Sub-paragraphs (2) to (4) have effect subject to sub-paragraph (6).

(6) If the employee informs the old employer or the Agency that he objects to the transfer—

(a) the rights, powers, duties and liabilities under or in connection with the contract are not transferred by virtue of the scheme, and

(b) the contract is terminated immediately before the appointed time, but the employee is not to be treated, for any purpose, as having been dismissed.

(7) In this paragraph “the appointed time” means the time appointed by or under the scheme for the transfer of rights and liabilities under the contract.

(8) Nothing in this Part of this Schedule affects any right the employee has to terminate his contract of employment if (apart from the change of employer) a substantial change is made to his detriment in his working conditions.

Staff on secondment

44 (1) A scheme may make provision—

(a) for an existing secondment to have effect, from a time appointed by the scheme, as a secondment to the Agency, and

(b) for the seconded person to serve from that time as a member of the staff of the Agency.

(2) If the seconded person informs the Agency, or the body to which he is seconded or the body by which he is seconded, that he objects to the existing secondment becoming a secondment to the Agency—

(a) the scheme does not cause the existing secondment to become a secondment to the Agency, and

(b) the existing secondment is terminated immediately before the time mentioned in sub-paragraph (1)(a) (so that the person returns at that time to the body by which he was seconded).

(3) In this paragraph “existing secondment” means a secondment by virtue of which—

(a) a person is the chief executive or another member of the staff of the Central Police Training and Development Authority, or

(b) a person is the chief executive or another member of the staff of the Police Information Technology Organisation.

Deciding matters under scheme

45 A scheme under this Part of this Schedule may contain provision—

(a) for the Secretary of State, or any other person nominated by or in accordance with the scheme, to decide any matter requiring decision under or in consequence of the scheme, and

(b) as to the payment of fees charged, or expenses incurred, by any person nominated to decide any matter under paragraph (a).

Supplementary provision

46 A scheme under this Part of this Schedule may contain supplementary, incidental, transitional and consequential provision.