(1)The Secretary of State or the Lord Chancellor may, in connection with the transfer of functions from the First-tier Tribunal to the IIAA, make one or more schemes for the transfer of property, rights and liabilities between the Secretary of State and the IIAA (a “transfer scheme”).
(2)The things that may be transferred under a transfer scheme include—
(a)property, rights and liabilities that could not otherwise be transferred;
(b)property acquired, and rights and liabilities arising, after the making of the scheme;
(c)criminal liabilities.
(3)A transfer scheme may—
(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)make provision which is the same as or similar to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);
(g)make other consequential, supplementary, incidental or transitional provision.
(4)A transfer scheme may provide—
(a)for modifications by agreement;
(b)for modifications to have effect from the date when the original scheme came into effect.
(5)For the purposes of this section—
(a)references to rights and liabilities include rights and liabilities relating to a contract of employment;
(b)references to the transfer of property include the grant of a lease.
(6)For the purposes of subsection (5)(a)—
(a)an individual who holds employment in the civil service of the State 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 of the State are to be treated as constituting the terms of the contract of employment.
Explanatory Notes · published by the Government with the Bill
110. This clause confers a power on the Secretary of State or Lord Chancellor to make transfer schemes so that, for example, staff, assets and contractual arrangements can be moved to the IIAA, if required, to facilitate the transition of cases from the FTT-IAC. As the IIAA will gradually replace the FTT-IAC, there may be a need for property, rights and liabilities to be transferred so that the IIAA can continue to increase its caseload.
Amendments tabled 1 · 1 would remove the whole clause · 1 decided
Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 0 agreed, 0 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill
Green Party: Siân Berry, Green Spokesperson (Home)
Would remove the whole clause
Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 11, line 26, leave out Clause 14
No explanatory statement was published with this amendment.
This amendment was not chosen for debate by the Chair/Speaker.