Section 37: Transfer of property, &c., Equality Act 2006

An order under section 36(1) in respect of any of the former Commissions may provide for the transfer to the Commission for Equality and Human Rights of specified property, rights and liabilities of the former Commission.

The Secretary of State may give a former Commission any direction that the Secretary of State thinks appropriate in connection with the dissolution of the former Commission or the establishment of the Commission for Equality and Human Rights; and a direction may, in particular, require the former Commission—

to provide information in connection with property, rights or liabilities;

to provide information in connection with the exercise of functions;

to transfer specified property, rights and liabilities to a specified person;

to make property, staff or facilities available, on such terms or conditions as may be specified in the direction, to the Commission for Equality and Human Rights;

not to take action of a specified kind or in specified circumstances.

The Secretary of State may direct a former Commission to prepare a scheme for the transfer of specified property, rights and liabilities to—

the Commission for Equality and Human Rights, or

another person specified in the direction.

If the Secretary of State gives a direction under subsection (3)—

the former Commission shall prepare a scheme in accordance with the direction, having consulted either the Commission for Equality and Human Rights or the person specified under subsection (3)(b), and

the scheme shall have effect—

when approved by the Secretary of State, and

subject to any modifications made by him, having consulted the former Commission and either the Commission for Equality and Human Rights or the person specified under subsection (3)(b).

Where a former Commission ceases to exist by virtue of section 36(1)(a), its property, rights and liabilities shall by virtue of this subsection vest in the Commission for Equality and Human Rights (and this subsection operates in addition to any transfer provided for by virtue of subsection (1) above).

An order, direction or scheme under or by virtue of this section may, in particular—

specify property, rights or liabilities;

specify a class or description of property, rights or liabilities;

specify property, rights or liabilities to a specified extent.

Section 37: Transfer of property, &c.

Discussed in

About this text