Commentary on Sections

Section 1

6.Subsection (1) transfers the property (including heritable property), rights, interests, employees and liabilities of the Home to the Company. This means that all the assets of the

Home will be transferred to the Company. Similarly, any liabilities of the Home will transfer to the Company.

7.Subsection (2) provides, for the avoidance of doubt, that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), which ensure all existing employment contracts transfer to the new charitable company, will apply to the proposed transfer.