PART 1Local Government

CHAPTER 4Transfer and delegation of functions to certain authorities

17Transfer schemes

1

The Secretary of State may make a scheme for the transfer of property, rights or liabilities from the person who, or body which, would have a local public function but for an order under section 15 to the permitted authority to which the function is transferred.

2

A Minister of the Crown may make a scheme for the transfer from the Crown to a permitted authority of such property, rights or liabilities as the Minister of the Crown considers appropriate in consequence of a delegation, or the variation of a delegation, under section 16 of a function of any Minister of the Crown to the permitted authority.

3

A Minister of the Crown may make a scheme for the transfer from a permitted authority to the Crown of such property, rights or liabilities as the Minister of the Crown considers appropriate in consequence of a variation or revocation of a delegation under section 16 of a function of any Minister of the Crown to the permitted authority.

4

The things that may be transferred under a transfer scheme include—

a

property, rights or liabilities that could not otherwise be transferred;

b

property acquired, or rights or liabilities arising, after the making of the order.

5

A transfer scheme may make consequential, supplementary, incidental and transitional provision and may in particular make provision—

a

for a certificate issued by a Minister of the Crown to be conclusive evidence that property has been transferred;

b

creating rights, or imposing liabilities, in relation to property or rights transferred;

c

about the continuing effect of things done by or in relation to the transferor in respect of anything transferred;

d

about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;

e

for references to the transferor in an instrument or other document relating to anything transferred to be treated as references to the transferee;

f

for the shared ownership or use of property;

g

that has the same or similar effect as the TUPE regulations (so far as those regulations do not apply in relation to the transfer).

6

A transfer scheme may provide—

a

for modification by agreement;

b

for modifications to have effect from the date when the original scheme came into effect.

7

For the purposes of this section—

a

an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and

b

the terms of the individual’s employment in the civil service are to be regarded as constituting the terms of the contract of employment.

8

In this section—

  • “civil service” means the civil service of the State;

  • “transferee”, in relation to a transfer scheme, means the person to whom property, rights or liabilities are transferred by the scheme;

  • “transferor”, in relation to a transfer scheme, means the person from whom property, rights or liabilities are transferred by the scheme;

  • “transfer scheme” means a scheme for the transfer of property, rights or liabilities under subsection (1), (2) or (3);

  • “TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);

  • references to rights and liabilities include rights and liabilities relating to a contract of employment;

  • references to the transfer of property include the grant of a lease.