Section 25
1E+WThe education administrator of a further education body may make a scheme for the transfer of property, rights and liabilities (a “transfer scheme”) from the further education body (“the transferor”) to one or more persons or bodies prescribed for the purposes of section 27B(1) or 33P(1) of the Further and Higher Education Act 1992 (“the transferee”).
Commencement Information
I1Sch. 2 para. 1 in force at 31.1.2019 by S.I. 2018/1161, reg. 3(b)
2E+WA transfer scheme takes effect at the time specified in the scheme.
Commencement Information
I2Sch. 2 para. 2 in force at 31.1.2019 by S.I. 2018/1161, reg. 3(b)
3E+WThe education administrator may make a transfer scheme only if—
(a)the transferee consents, and
(b)the appropriate national authority has approved the scheme.
Commencement Information
I3Sch. 2 para. 3 in force at 31.1.2019 by S.I. 2018/1161, reg. 3(b)
4E+WThe appropriate national authority may modify a transfer scheme before approving it but only with the consent of the education administrator and the transferee.
Commencement Information
I4Sch. 2 para. 4 in force at 31.1.2019 by S.I. 2018/1161, reg. 3(b)
5(1)The appropriate national authority may modify a transfer scheme after it takes effect by giving notice to the transferor and the transferee.E+W
(2)The appropriate national authority may modify a scheme under sub-paragraph (1) only with the consent of the transferor and the transferee.
(3)A scheme modified under sub-paragraph (1) is to be treated for all purposes as having come into force at the time specified under paragraph 2.
Commencement Information
I5Sch. 2 para. 5 in force at 31.1.2019 by S.I. 2018/1161, reg. 3(b)
6E+WA transfer scheme may transfer—
(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.
Commencement Information
I6Sch. 2 para. 6 in force at 31.1.2019 by S.I. 2018/1161, reg. 3(b)
[F16A(1)A transfer scheme may not transfer property which is subject to a security (other than a floating charge) free of that security except—E+W
(a)in accordance with an order of the court under paragraph 71 of Schedule B1 to the Insolvency Act 1986 as applied by Schedule 3 or 4, or
(b)where—
(i)an amount is attributed to the transfer of the property in the transfer scheme,
(ii)the secured creditor agrees with that amount, and
(iii)the secured creditor is paid that amount.
(2)In sub-paragraph (1), “floating charge” means a charge which is a floating charge on its creation.]
Textual Amendments
F1Sch. 2 para. 6A inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 25(2), 36(2)
7(1)A transfer scheme may make consequential, supplementary, incidental or transitional provision and may in particular—E+W
(a)create rights, or impose liabilities, in relation to property or rights transferred;
(b)make provision about the continuing effect of things done by the transferor in respect of anything transferred;
(c)make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
(d)make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;
(e)make provision for the shared ownership or use of property;
(f)if the TUPE regulations do not apply in relation to the transfer, make provision which is the same or similar.
(2)In sub-paragraph (1)(f) “TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).
(3)A transfer scheme may modify the interests, rights or liabilities of third parties in relation to anything to which the scheme relates.
(4)The reference here to third parties is to persons other than the transferor and transferee.
Commencement Information
I7Sch. 2 para. 7 in force at 31.1.2019 by S.I. 2018/1161, reg. 3(b)
8E+WA certificate by the appropriate national authority that anything specified in the certificate has vested in a person by virtue of a transfer scheme is conclusive evidence for all purposes of that fact.
Commencement Information
I8Sch. 2 para. 8 in force at 31.1.2019 by S.I. 2018/1161, reg. 3(b)
9E+WIn this Schedule—
(a)references to rights and liabilities include rights and liabilities relating to a contract of employment;
(b)references to the transfer of property include the grant of a lease.
Commencement Information
I9Sch. 2 para. 9 in force at 31.1.2019 by S.I. 2018/1161, reg. 3(b)