Social Work (Scotland) Act 1968

Section 84.

SCHEDULE 6 S Transfer of Assets and Liabilities

1 S Every agreement to which the transferor was a party immediately before the date of transfer shall have effect as from that date in favour of or against the transferee as if the transferee had been a party to the agreement instead of the transferor.

2 S Where the functions of the transferor are transferred to more than one transferee the property, rights, liabilities and obligations of the transferor shall be allocated in such a manner as relates to the allocation of the functions transferred to each of the transferees.

3 S Any legal or other proceedings to which the transferor is a party which are pending on the date of the transfer may be continued on or after that date as if the transferee instead of the transferor had been that party.

4 S The Secretary of State may make regulations for facilitating the transfer of any property, rights, liabilityes or obligations in pursuance of this Act.

5 S In this Schedule—

(a) “transferor” means a body or person from whom a function has been transferred under this Act and from whom any property, right, liability or obligation has been so transferred, and

(b) “transferee” means a local authority to whom a function or any property, right, liability or obligation has been so transferred,

and “transfer of function” includes the giving of a function to a local authority which was previously performed by another body including another local authority.