SCHEDULE 2Transfers to F1ISA
Staff transfer schemes
1
(1)
The Secretary of State may make a scheme (a “staff transfer scheme”) providing—
(a)
for a person employed in the civil service of the state to become an employee of F2ISA;
(b)
for his terms of employment to have effect (subject to any necessary modifications) as the terms of his contract of employment with F2ISA;
(c)
for the transfer to F2ISA of the rights, powers, duties and liabilities of the Crown under or in connection with his terms of employment;
(d)
for anything done (or having effect as if done) before that transfer by or in relation to the Crown in respect of the terms of employment or the person to be treated as having been done by or in relation to F2ISA.
(2)
A staff transfer scheme may provide for a period before a person became an employee of F2ISA to count as a period during which he was such an employee (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).
(3)
A staff transfer scheme may provide for a person in the civil service of the state who would otherwise become an employee of F2ISA not to become such an employee if he gives notice objecting to the operation of the scheme in relation to him.
(4)
A staff transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as having his employment terminated by the operation of the scheme not to be so treated.
Property transfer schemes
2
(1)
The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer to F3ISA of any property, rights or liabilities of the Secretary of State.
(2)
The things that may be transferred by a property transfer scheme include—
(a)
property, rights and liabilities that could not otherwise be transferred;
(b)
property acquired, and rights and liabilities arising, after the making of the scheme.
(3)
A property transfer scheme may—
(a)
create interests in, or rights in relation to, anything that is or could be transferred by the scheme;
(b)
impose liabilities in relation to anything that is or could be transferred or created by the scheme;
(c)
apportion property, rights and liabilities;
(d)
provide for things done by or in relation to the Secretary of State in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to F3ISA;
(e)
make provision about the continuation of legal proceedings.
Schemes: supplementary
3
A staff transfer scheme, or property transfer scheme, may make supplementary, incidental, transitional and consequential provision.