SCHEDULES

SCHEDULE 2Transfers of property and staff etc.

Transfer schemes

I11

1

The Secretary of State may make one or more transfer schemes for—

a

the transfer of property, rights and liabilities of the Commission for Healthcare Audit and Inspection to the Care Quality Commission or the Crown;

b

the transfer of property, rights and liabilities of the Commission for Social Care Inspection to the Care Quality Commission or the Crown;

c

the transfer of property, rights and liabilities of the Mental Health Act Commission—

i

to the Care Quality Commission or the Welsh Ministers, or

ii

to the Crown;

d

the transfer of property, rights and liabilities of the Crown to the Care Quality Commission.

2

The property, rights and liabilities which may be the subject of a scheme include—

a

any that would otherwise be incapable of being transferred or assigned,

b

rights and liabilities under a contract of employment, and

c

criminal liabilities.

3

A scheme under this paragraph may define the property, rights and liabilities to be transferred by specifying or describing them (including describing them by reference to a specified part of the transferor's undertaking).

4

A scheme under this paragraph may contain provision for the payment of compensation by the Secretary of State to any person or body (other than one mentioned in sub-paragraph (1)) whose interests are adversely affected by the scheme.

5

A scheme under this paragraph may include supplementary, incidental, transitional and consequential provision.

6

The Secretary of State may not make a scheme under this paragraph for the transfer of property, rights or liabilities to the Welsh Ministers unless the scheme is made with the consent of the Welsh Ministers.