(1)An order under section 96 (establishment of Health Education England) or section 109 (establishment of the Health Research Authority) (a “transfer order”) may make provision for rights and liabilities relating to an individual’s contract of employment.
(2)A transfer order may, in particular, make provision the same as or similar to provision in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
(3)A transfer order may provide for the transfer of property, rights or liabilities—
(a)whether or not they would otherwise be capable of being transferred;
(b)irrespective of any requirement for consent that would otherwise apply.
(4)A transfer order may create rights, or impose liabilities, in relation to property, rights or liabilities transferred.
(5)A transfer order may provide for things done by or in relation to the transferor for the purposes of or in connection with anything transferred to be—
(a)treated as done by or in relation to the transferee or its employees;
(b)continued by or in relation to the transferee or its employees.
(6)A transfer order may in particular make provision about continuation of legal proceedings.
(1)For the purposes of Chapters 1 and 2, an expression in the first column of the following table is defined or otherwise explained by the provision of this Act specified in the second column.
| Expression | Provision |
|---|---|
| Appointment criteria | Section 104 |
| Commissioner of health services | Section 105 |
| Devolved authority | Section 126 |
| Devolved legislature | Section 126 |
| Direct or direction | Subsection (2) below |
| Enactment | Section 126 |
| Financial year | Section 126 |
| Health care workers | Section 97 |
| Health research | Section 110 |
| The health service | Section 126 |
| Health services | Section 99 |
| HEE | Section 96 |
| The HRA | Section 109 |
| LETB | Section 103 |
| Social care research | Section 110 |
(2)A power under Chapter 1 or 2 to give a direction—
(a)includes a power to vary or revoke the direction by a subsequent direction, and
(b)must be exercised by giving the direction in question in writing.
(3)The amendments made by sections 116 and 117 and Schedule 8 to provisions of subordinate legislation do not affect the power to make further subordinate legislation amending or revoking the amended provisions.