Police, Public Order and Criminal Justice (Scotland) Act 2006

Transfer of property, rights and liabilities

6 (1) The Scottish Ministers may make a transfer scheme.

(2) A transfer scheme is a scheme making provision for or in connection with the transfer to the Authority of property, rights and liabilities of any of the following—

(a) a police authority;

(b) a joint police board;

(c) a local authority;

(d) the Scottish Ministers;

(e) any other person.

(3) A transfer scheme may make provision by virtue of sub-paragraph (2) only in so far as the property, rights or liabilities relate to the functions of the Agency (as specified in section 2(2)) or the police support services.

(4) A transfer scheme must specify a date (the “transfer date”) on which the transfer is to take effect; and different dates may be specified in relation to different property, rights or liabilities.

(5) On the transfer date—

(a) any property or rights to which a transfer scheme applies transfer to and vest in the Authority; and

(b) any liabilities to which such a scheme applies become liabilities of the Authority.

(6) A transfer scheme may make provision for the creation of rights, or the imposition of liabilities, in relation to the property, rights or liabilities transferred by virtue of the scheme.

(7) A certificate issued by the Scottish Ministers that any property, right or liability has, or has not, been transferred by virtue of a transfer scheme is conclusive evidence of the transfer or the fact that there has not been a transfer.

(8) A transfer scheme may in particular make provision about the continuation of legal proceedings.

(9) A transfer scheme may make provision for the Authority to make any payment which—

(a) before a day specified in the scheme could have been made by any of the persons specified in paragraphs (a) to (e) of sub-paragraph (2); but

(b) is not a liability which can become a liability of the Authority by virtue of a transfer scheme.

(10) A transfer scheme may make provision for the payment by the Authority of compensation in respect of property and rights transferred by virtue of the scheme.

(11) Before making a transfer scheme, the Scottish Ministers must consult—

(a) the Authority;

(b) any police authority, joint police board, local authority or other person whose property, rights and liabilities (or any of them) are to be transferred by virtue of the scheme.