Police and Justice Act 2006

Property, rights and liabilities U.K.

38 U.K. A scheme may make provision for the transfer to the Agency or the Secretary of State—

(a) of property, rights and liabilities of the Central Police Training and Development Authority;

(b) of property, rights and liabilities of the Police Information Technology Organisation.

Commencement Information

I1 Sch. 1 para. 38 in force at 1.4.2007 by S.I. 2007/709, art. 3(a) (with arts. 6, 7)

39 (1) The property, rights and liabilities for whose transfer a scheme under paragraph 38 may provide include (in particular)— U.K.

(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;

(c) rights and liabilities under contracts of employment, subject to sub-paragraph (2).

(2) A scheme under paragraph 38 may not provide for the transfer to the Secretary of State of rights and liabilities under contracts of employment.

(3) Before making a scheme under paragraph 38 that provides for the transfer of rights and liabilities under contracts of employment, the Secretary of State must consult such persons appearing to represent the interests of the employees concerned as the Secretary of State considers appropriate.

Commencement Information

I2 Sch. 1 para. 39 in force at 1.4.2007 by S.I. 2007/709, art. 3(a) (with arts. 6, 7)

40 U.K. A scheme may make provision for the creation, in favour of the Agency or the Secretary of State, of interests in, or rights in relation to, anything that could be transferred by a scheme under paragraph 38.

Commencement Information

I3 Sch. 1 para. 40 in force at 1.4.2007 by S.I. 2007/709, art. 3(a) (with arts. 6, 7)

41 (1) A scheme under paragraph 38 may make provision for the creation of interests in or rights in relation to, or for the imposition of liabilities in relation to, anything that is or could be transferred by the scheme. U.K.

(2) A scheme under paragraph 40 may make provision for the imposition of liabilities in relation to anything created by the scheme.

(3) A scheme under paragraph 38 or 40 may contain provision about enforcement of a right or liability whose transfer, creation or imposition is provided for by the scheme.

Commencement Information

I4 Sch. 1 para. 41 in force at 1.4.2007 by S.I. 2007/709, art. 3(a) (with arts. 6, 7)

42 (1) At the time appointed for the purpose by a scheme under paragraph 38 or 40— U.K.

(a) property, rights and liabilities for whose transfer the scheme provides,

(b) interests and rights for whose creation the scheme provides, and

(c) liabilities for whose imposition the scheme provides,

shall, by virtue of this sub-paragraph, be transferred or (as the case may be) created or imposed in accordance with the scheme.

(2) A scheme under paragraph 38 or 40 may appoint different times for the transfer, creation or imposition of different things.

Commencement Information

I5 Sch. 1 para. 42 in force at 1.4.2007 by S.I. 2007/709, art. 3(a) (with arts. 6, 7)