Section 218: Transfer schemes: general provisions, Localism Act 2011

In this section—

"transfer scheme" means a scheme under section 200(1) or (4) or 216(1);
"transferee", in relation to a transfer scheme, means the person to whom property, rights or liabilities are transferred by the scheme;
"transferor", in relation to a transfer scheme, means the person from whom property, rights or liabilities are transferred by the scheme.

The things that may be transferred under a transfer scheme include—

property, rights or liabilities that could not otherwise be transferred;

property acquired, and rights and liabilities arising, after the making of the scheme.

A transfer scheme may make consequential, supplementary, incidental or transitional provision and may in particular—

make provision for certificates issued by the Secretary of State to be conclusive evidence that property has been transferred;

create rights, or impose liabilities, in relation to property or rights transferred;

make provision about the continuing effect of things done (or having effect as if done) by or in relation to the transferor in respect of anything transferred;

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;

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;

make provision for the shared ownership or use of property.

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to a transfer under a transfer scheme where the transfer relates to rights or liabilities under a contract of employment (whether or not it is a relevant transfer for the purposes of those regulations).

A transfer scheme may provide—

for modification by agreement;

for modifications to have effect from the date when the original scheme came into effect.

In this section "rights" and "liabilities" include rights, or (as the case may be) liabilities, in relation to a contract of employment.

Section 218: Transfer schemes: general provisions

Discussed in

About this text