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SCHEDULE 3Transfers of staff and property

Part 2Transfer of property, rights and liabilities to the Authority

Interpretation

5In this Part, “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).

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.