Search Legislation

Local Government Act (Northern Ireland) 2014

Status:

This is the original version (as it was originally enacted).

Section 122(7).

SCHEDULE 8TRANSFER SCHEMES

Transfer of assets and liabilities

1.—(1) A scheme—

(a)may provide for the transfer of assets and liabilities which would not otherwise be capable of being transferred;

(b)accordingly has effect in relation to assets or liabilities to which it applies in spite of any provision (of whatever nature) which would otherwise prevent or restrict the transfer of those assets or liabilities;

(c)may contain supplementary, incidental, transitional and consequential provisions.

(2) A scheme may define the assets and liabilities to be transferred by specifying or describing them (including describing them by reference to a specified part of the transferor’s undertaking).

(3) A certificate issued by the Northern Ireland department concerned that any assets or liabilities specified in the certificate have vested in any body by virtue of a scheme is conclusive evidence for all purposes of that fact.

(4) In this Schedule, in relation to any assets or liabilities transferred by a scheme—

“transferor” means the body from which those assets or liabilities are transferred; and

“transferee” means the body to which those assets or liabilities are transferred.

Transfer of staff

2.—(1) This paragraph applies if rights and liabilities under a contract of employment are transferred by virtue of a scheme.

(2) The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to the transfer whether or not the transfer would, apart from this paragraph, be a relevant transfer for the purposes of the regulations.

(3) The scheme shall—

(a)in relation to each transferee, identify the transferring employees (whether by name or otherwise);

(b)include provision securing pension protection for such employees;

(c)include provision for procedures designed to resolve any grievances of such employees arising in relation to matters dealt with by the scheme; and

(d)include provision for the payment of compensation by the transferee to any such employee who suffers loss or detriment in consequence of the scheme.

(4) Before making the scheme the Northern Ireland department concerned must consult—

(a)in the case of a scheme which identifies transferring employees by name, those employees; and

(b)in the case of a scheme which identifies transferring employees in any other way, such persons as appear to the department to be representative of transferring employees.

(5) For the purposes of this paragraph—

(a)“pension protection” is secured for a transferring employee if after the change of employer effected by the scheme the employee has, as an employee of the transferee, rights to acquire pension benefits and those rights are the same as or (taken as a whole) no less favourable than those that the transferring employee had as an employee of the transferor;

(b)“transferring employee” means an employee whose contract of employment becomes, by virtue of sub-paragraph (2), a contract of employment with a transferee; and

(c)employment in the Northern Ireland civil service for the purposes of a government department is to be treated as employment by that department under a contract of employment (and the terms of that employment are to be regarded as constituting the terms of that contract).

(6) Procedures under sub-paragraph (3)(c) must involve consideration of grievances by a person other than—

(a)a member, or member of staff, of a transferor or transferee; or

(b)a member of staff of the Northern Ireland department concerned.

Continuity

3.—(1) In any statutory provision or document—

(a)which relates to anything transferred by virtue of the scheme, and

(b)which is in effect immediately before the transfer date,

any reference to the transferor is, in relation to any time after the transfer date, to be construed as a reference to the transferee.

(2) Sub-paragraph (1) applies unless contrary provision is made by or under this Act or the context otherwise requires.

(3) A transfer by virtue of a scheme does not affect the validity of anything done by, or in relation to, the transferor before the transfer date.

(4) Anything which—

(a)before the transfer date was done by or in relation to the transferor for the purposes of or otherwise in connection with anything transferred by virtue of a scheme, and

(b)is in effect immediately before the transfer date,

continues to have effect to the same extent and subject to the same provisions as if it had been done by, or in relation to, the transferee.

(5) Anything (including any legal proceedings) which—

(a)relates to anything transferred by virtue of a scheme, and

(b)is in the process of being done by or in relation to the transferor immediately before the transfer date,

may be continued by or in relation to the transferee.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources