SCHEDULES
SCHEDULE 5

Transfer and agency arrangements with public authorities: further provisions

Transfer schemes in connection with transfer of functions
3
1
The Secretary of State may, in connection with regulations under section 83(1), make a scheme for the transfer of property, rights or liabilities.
2
The things that may be transferred under a transfer scheme include—
a
property, rights and liabilities which could not otherwise be transferred,
b
property acquired, and rights and liabilities arising, after the making of the scheme.
3
A transfer scheme may make consequential, supplementary, incidental, transitional, transitory or saving provision and may, in particular—
a
create rights, or impose liabilities, in relation to property or rights transferred,
b
make provision about the continuing effect of things done by, on behalf of or in relation to the transferor in respect of anything transferred,
c
make provision 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,
d
make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee,
e
make provision for the shared ownership or use of property,
f
if the TUPE regulations do not apply in relation to the transfer, make provision which is the same or similar.
4
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.
5
A transfer scheme may confer a discretion on the Secretary of State to pay compensation to any person whose interests are adversely affected by the scheme.
6
A transfer scheme may be included in regulations under section 83(1) but, if not so included, must be laid before Parliament after being made.
7
For the purposes of this paragraph references to rights and liabilities include references to—
a
rights and liabilities relating to a contract of employment, and
b
rights and liabilities of the Crown relating to the terms of employment of individuals in the civil service.
8
Accordingly, a transfer scheme may, in particular, provide—
a
for—
i
an individual employed in the civil service to become an employee of the transferee, or
ii
an employee of the transferor to become an employee of the transferee or an individual employed in the civil service,
b
for—
i
the individual's terms of employment in the civil service to have effect (subject to any necessary modifications) as the terms of the individual's contract of employment with the transferee, or
ii
(as the case may be) the individual's contract of employment to have effect (subject to any necessary modifications) as the terms of the individual's contract of employment with the transferee or, where the transferee is the Secretary of State, the individual's terms of employment with the civil service,
c
for the transfer of rights and liabilities of the Crown or another public authority under or in connection with the individual's terms of employment.
9
In this paragraph—
- “civil service” means the civil service of the State,
- “TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246),
and references to the transfer of property include the grant of a lease.