(1)The Secretary of State may make a scheme for the transfer of property, rights and liabilities of the bodies mentioned in subsection (2) to the Agency.
(2)These are the bodies—
(a)the Special Health Authority known as the Health Protection Agency established by the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) (Establishment) Order 2003 (S.I. 2003/505);
(b)the National Radiological Protection Board.
(3)The Secretary of State must not make a scheme in respect of the body mentioned in subsection (2)(a) unless he first consults the National Assembly for Wales.
(4)The Secretary of State must not make a scheme in respect of the body mentioned in subsection (2)(b) unless he first consults—
(a)the Scottish Ministers;
(b)the Department of Health, Social Services and Public Safety in Northern Ireland;
(c)the National Assembly for Wales.
[F1(4A)The Secretary of State and the Department of Health, Social Services and Public Safety in Northern Ireland, acting jointly, may make a scheme for the transfer of property, rights and liabilities of the National Biological Standards Board to the Agency.]
(5)The appropriate authority may make a scheme for the transfer of property, rights and liabilities of a relevant body to the Agency.
(6)A relevant body is a body—
(a)established otherwise than by or under any enactment,
(b)all of the functions of which are conferred on the Agency in pursuance of a direction or order under this Act, and
(c)which is specified in a scheme.
(7)If the appropriate authority varies or revokes a direction or order under section 2[F2 , 2A] or 3, it may make a scheme for the transfer of the rights and liabilities of the Agency specified in subsection (8) to a relevant transferee.
(8)The rights and liabilities are the rights and liabilities relating to the contract of employment of any individual whose employment, in the opinion of the appropriate authority, relates wholly or principally to the Agency’s exercise of a removed function.
(9)A removed function is a function which is the subject of the direction or order which the appropriate authority varies or revokes.
(10)A relevant transferee is an entity which, following the variation or revocation of the direction or order, is to exercise the removed function.
(11)The appropriate authority must not make a scheme under subsection (7) unless it first consults, in respect of the scheme, each person or body that it must consult in respect of the variation or revocation of the direction or order under section 2 or 3.
(12)Schedule 2 makes provision in relation to a scheme under this section.
(13)Enactment includes—
(a)any provision of or instrument made under an Act of the Scottish Parliament;
(b)Northern Ireland legislation.
Textual Amendments
F1S. 8(4A) inserted (1.3.2009) by Health and Social Care Act 2008 (c. 14), ss. 159(5)(a), 170(3), 170(4); S.I. 2009/270, art. 2(1)
F2Word in s. 8(7) inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 159(5)(b), 170(3), 170(4); S.I. 2009/270, art. 2(2)(a)
Commencement Information
I1S. 8(1)-(4) (12) in force at 31.1.2005 by S.I. 2005/121, art. 2(1)(d)
I2S. 8(1)-(4) (12) in force at 1.4.2005 in so far as not already in force by S.I. 2005/121, art. 2(2)
I3S. 8(5)-(11) (13) in force at 1.4.2005 by S.I. 2005/121, art. 2(2)