Police Reform and Social Responsibility Act 2011

Continuity

21 (1) The abolition of an existing police authority, the transfer or abolition of its functions, and the transfer of its property, rights and liabilities, do not affect the validity of anything done before the abolition or transfer.

(2) The replacement of an existing chief officer, the transfer or abolition of the functions of an existing chief officer, and the transfer of the rights and liabilities of an existing chief officer, do not affect anything done before the replacement, transfer or abolition.

(3) The transfer of the property, rights and liabilities of a new policing body does not affect anything done before the transfer.

(4) Sub-paragraphs (5) to (7) apply where any functions, property, rights or liabilities are transferred by or under this Act from a person (the “transferor”) to another person (the “transferee”).

(5) There may be continued by or in relation to the transferee anything (including legal proceedings) which—

(a) relates to any of the functions, property, rights or liabilities transferred, and

(b) is in the process of being done by or in relation to the transferor immediately before the transfer takes effect.

(6) Anything which—

(a) was made or done by or in relation to the transferor for the purposes of, or otherwise in connection with, any of the functions, property, rights or liabilities transferred, and

(b) is in effect immediately before the transfer takes effect,

has effect as if made or done by or in relation to the transferee.

(7) The transferee is to be substituted for the transferor in any instruments, contracts or legal proceedings which—

(a) relate to any of the functions, property, rights or liabilities transferred, and

(b) are made or commenced before the transfer takes effect.

(8) The Secretary of State may, by direction, determine any question under this section as to—

(a) whether any particular functions, property, rights or liabilities are transferred by or under this Act, or

(b) the person to which any particular functions, property, rights or liabilities are transferred by or under this Act.

(9) The preceding provisions of this paragraph—

(a) are without prejudice to Part 2 of this Schedule and any power to make a transfer scheme, and

(b) are subject to the provisions of Part 2 of this Schedule and any transfer scheme.

(10) In this paragraph a reference to the transfer of a function includes a reference to the abolition of the function and the conferral of a corresponding function on another person.