SCHEDULE 2Transfers of Property, Rights and Liabilities
Transfer schemes
I11
1
The Welsh Ministers may, in connection with the abolition of Community Health Councils, make one or more transfer schemes.
2
A transfer scheme is a scheme providing for the transfer to the Citizen Voice Body of any property, rights and liabilities mentioned in sub-paragraph (3).
3
The property, rights and liabilities are property and rights acquired, or liabilities incurred, by—
a
the Welsh Ministers;
b
a Local Health Board;
c
an NHS trust.
4
The things that may be transferred under a transfer scheme include—
a
property, rights and liabilities which could not otherwise be transferred;
b
property acquired, and rights and liabilities arising, after the making of the scheme.
5
A transfer scheme may make consequential, supplementary, incidental, transitional or transitory provision.
6
By virtue of sub-paragraph (5), a transfer scheme may, for example—
a
create rights, or impose liabilities, in relation to property or rights transferred;
b
make provision about the continuing effect of things done in respect of anything transferred;
c
make provision about the continuation of things (including legal proceedings) in the process of being done in respect of anything transferred;
d
make provision for the shared ownership or use of property;
e
make provision for references to the Welsh Government or the Welsh Ministers, or references to a Local Health Board or an NHS trust, in an instrument or other document in respect of anything transferred to be treated as references to the Citizen Voice Body;
f
make provision which is the same as or similar to a provision made by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) in a case where those regulations do not apply in relation to the transfer.
7
A transfer scheme may provide—
a
for modification by agreement;
b
for modifications to have effect from the date when the scheme came into effect.
8
The Welsh Ministers must lay a copy of any transfer scheme before the National Assembly for Wales.
9
In this paragraph—
a
references to rights and liabilities include references to rights and liabilities arising in relation to a contract of employment;
b
references to the transfer of property include references to the grant of a lease.