SCHEDULE 3Transfers of staff and property
Part 2Transfer of property, rights and liabilities to the Authority
Transfer of property, rights and liabilities
6
(1)
The Scottish Ministers may make a transfer scheme.
(2)
A transfer scheme is a scheme making provision for or in connection with the transfer to the Authority of property, rights and liabilities of any of the following—
(a)
a police authority;
(b)
a joint police board;
(c)
a local authority;
(d)
the Scottish Ministers;
(e)
any other person.
(3)
A transfer scheme may make provision by virtue of sub-paragraph (2) only in so far as the property, rights or liabilities relate to the functions of the Agency (as specified in section 2(2)) or the police support services.
(4)
A transfer scheme must specify a date (the “transfer date”) on which the transfer is to take effect; and different dates may be specified in relation to different property, rights or liabilities.
(5)
On the transfer date—
(a)
any property or rights to which a transfer scheme applies transfer to and vest in the Authority; and
(b)
any liabilities to which such a scheme applies become liabilities of the Authority.
(6)
A transfer scheme may make provision for the creation of rights, or the imposition of liabilities, in relation to the property, rights or liabilities transferred by virtue of the scheme.
(7)
A certificate issued by the Scottish Ministers that any property, right or liability has, or has not, been transferred by virtue of a transfer scheme is conclusive evidence of the transfer or the fact that there has not been a transfer.
(8)
A transfer scheme may in particular make provision about the continuation of legal proceedings.
(9)
A transfer scheme may make provision for the Authority to make any payment which—
(a)
before a day specified in the scheme could have been made by any of the persons specified in paragraphs (a) to (e) of sub-paragraph (2); but
(b)
is not a liability which can become a liability of the Authority by virtue of a transfer scheme.
(10)
A transfer scheme may make provision for the payment by the Authority of compensation in respect of property and rights transferred by virtue of the scheme.
(11)
Before making a transfer scheme, the Scottish Ministers must consult—
(a)
the Authority;
(b)
any police authority, joint police board, local authority or other person whose property, rights and liabilities (or any of them) are to be transferred by virtue of the scheme.