SCHEDULE 1Abolition of Audit Commission: supplementary provision
Part 1Arrangements in connection with abolition of Audit Commission
Transfer of property, rights and liabilities
1
(1)
The Secretary of State may make one or more schemes for the transfer of property, rights and liabilities of the Audit Commission to a person or persons specified in the scheme.
(2)
The things that may be transferred under a 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 transfer scheme may make consequential, supplementary, incidental or transitional provision and may in particular—
(a)
create rights, or impose liabilities, in relation to property or rights transferred;
(b)
make provision about the continuing effect of things done by the transferor in respect of anything transferred;
(c)
make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor, in respect of anything transferred;
(d)
make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;
(e)
make provision for the shared ownership or use of property;
(f)
if the TUPE regulations do not apply in relation to the transfer, make provision which is the same or similar.
(4)
A transfer scheme may, in such cases as may be specified in the scheme, provide for a person's period of employment before the person was employed by the Audit Commission (as well as the person's period of employment by the Audit Commission) to be treated as a period of employment with the transferee for the purposes of the scheme or, if they apply in relation to the transfer, the TUPE regulations.
(5)
A transfer scheme may provide—
(a)
for modification by agreement;
(b)
for modifications to have effect from the date when the original scheme came into effect.
(6)
In this paragraph—
(a)
“TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246), and
(b)
references to rights and liabilities include rights and liabilities under a contract of employment.