Serious Organised Crime and Police Act 2005

Part 1 Transfers to Metropolitan Police Authority

Interpretation

1 In this Part of this Schedule—

• “the Authority” means the Metropolitan Police Authority, and

• “transfer scheme” means a scheme made by the Secretary of State under this Schedule.

Establishment of eligibility for transfer

2 The Secretary of State may by regulations impose requirements in relation to persons serving as park constables with the Royal Parks Constabulary for the purpose of establishing whether they are eligible—

(a) to be employed by the Authority, or

(b) to serve as a members of the police force for the metropolitan police district.

3 (1) The Secretary of State may terminate the Crown employment of any person who fails to comply with or satisfy any requirement imposed in relation to him by regulations made under paragraph 2.

(2) A person whose Crown employment is terminated under sub-paragraph (1) is not to be treated (whether for the purposes of any enactment or otherwise) as being dismissed by virtue of that termination.

Relevant persons

4 (1) A transfer scheme may provide for any relevant person to become an employee of the Authority on the appointed day.

(2) The scheme may make provision—

(a) for the termination of the relevant person’s Crown employment on the appointed day,

(b) as to the terms and conditions which are to have effect as the terms and conditions of the relevant person’s contract of employment with the Authority,

(c) transferring to the Authority the rights, powers, duties and liabilities of the employer under or in connection with the relevant person’s Crown employment,

(d) for things done before the appointed day by or in relation to the employer in respect of the relevant person or his Crown employment to be treated from that day as having been done by or in relation to the Authority,

(e) for the period during which the relevant person has been in Crown employment to count as a period of employment with the Authority (and for the operation of the transfer scheme not to be treated as having interrupted the continuity of that employment), and

(f) for the termination of the Crown employment of a relevant person who would otherwise be transferred by the scheme but who has informed the Secretary of State that he does not wish to be so transferred.

(3) The scheme may provide for a person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

5 (1) A transfer scheme may provide for the appointment as a member of the police force for the metropolitan police district of any relevant person who becomes an employee of the Authority by virtue of the scheme.

(2) The appointment does not take effect until the person has been attested as a constable for the metropolitan police district in accordance with section 29 of the Police Act 1996 (c. 16).

(3) On being so attested his contract of employment with the Authority is terminated by virtue of this sub-paragraph.

(4) He is not to be treated (whether for the purposes of any enactment or otherwise) as being dismissed by virtue of the operation of sub-paragraph (3).

Property, rights and liabilities, etc.

6 (1) The transfer scheme may provide for the transfer of property, rights and liabilities of the Secretary of State to the Authority on the appointed day.

(2) The scheme may include provision for anything (including any legal proceedings) which relates to anything transferred by virtue of sub-paragraph (1) to be continued from the appointed day by or in relation to the Authority.

Consultation

7 Before making a transfer scheme which contains any provision relating to persons serving as park constables with the Royal Parks Constabulary the Secretary of State must consult such bodies appearing to represent the interests of those persons as he considers appropriate.

Termination of employment

8 The Secretary of State may by regulations make provision as to the consequences of the termination of a person’s Crown employment under paragraph 3(1) or by a transfer scheme (including provision removing any entitlement to compensation which might otherwise arise in such circumstances).