Search Legislation

Localism Act 2011

Status:

This is the original version (as it was originally enacted).

17Transfer schemes

Explanatory NotesShow EN

(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.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources