PART 3Regulation of health and adult social care services

CHAPTER 5Health special administration

131I1Transfer schemes

1

Health special administration regulations may make provision about transfer schemes to achieve the objective of a health special administration (see section 129).

2

Health special administration regulations may, in particular, include provision—

a

for the making of a transfer scheme to be subject to the consent of F1NHS England and the person to whom the transfer is being made,

b

for F2NHS England to have power to modify a transfer scheme with the consent of parties to the transfers effected by the scheme, and

c

for modifications made to a transfer scheme by virtue of paragraph (b) to have effect from such time as F3NHS England may specify (which may be a time before the modifications were made).

3

Health special administration regulations may, in particular, provide that a transfer scheme may include provision—

a

for the transfer of rights and liabilities under or in connection with a contract of employment from a company subject to a health special administration order to another person,

b

for the transfer of property, or rights and liabilities other than those mentioned in paragraph (a), from a company subject to a health special administration order to another person,

c

for the transfer of property, rights and liabilities which would not otherwise be capable of being transferred or assigned,

d

for the transfer of property acquired, and rights and liabilities arising, after the making of the scheme,

e

for the creation of interests or rights, or the imposition of liabilities, and

f

for the transfer, or concurrent exercise, of functions under enactments.