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SCHEDULE 6Transfer of staff, property etc.

Property transfer schemes: general

7(1)This paragraph applies in relation to a scheme under paragraph 5 or 6.

(2)The scheme must specify a date (the “transfer date”) on which the transfer is to take effect.

(3)The scheme may—

(a)specify different dates in relation to different property, rights, liabilities and obligations,

(b)make different provision in relation to different cases or classes of case.

(4)The scheme may make provision for the creation of rights, or the imposition of obligations or liabilities, in relation to the property, rights, liabilities or obligations transferred by virtue of the scheme.

(5)The scheme may make provision requiring the person to whom property is transferred by the scheme to comply with requirements or conditions specified by the Scottish Ministers in relation to the property.

(6)A requirement or condition specified under sub-paragraph (5) may include in particular—

(a)a requirement that the property may not be disposed of unless the Scottish Ministers consent,

(b)a condition in relation to use of the property.

(7)A certificate issued by the Scottish Ministers that any property, right, liability or obligation has, or has not, been transferred by virtue of the scheme is conclusive evidence of the transfer or the fact that there has not been a transfer.

(8)The scheme may in particular make provision about the continuation of legal proceedings.