SCHEDULES

SCHEDULE 2Education administration: transfer schemes

Property, rights and liabilities that may be transferred

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1

A transfer scheme may make consequential, supplementary, incidental or transitional provision and may in particular—

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.