SCHEDULE 3Transfers of staff and property
Part 2Transfer of property, rights and liabilities to the Authority
5Interpretation
In this Part, “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).
6Transfer of property, rights and liabilities
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.