Schedule 9: Independent System Operator and Planner: transfers Part 1 – Transfer schemes Transfer of property, rights and liabilities
The transfer of property, rights or liabilities will take place on the date specified in the transfer scheme. A range of things could be included in a transfer scheme, and these are listed.
	Where a person works for the body being transferred, for example on secondment, but does not have an employment contract with that body, a discretionary power is included to be able to treat that person as having a formal employment contract as part of a transfer scheme. Employees affected by a transfer scheme should have the opportunity to object to a transfer of their employment before the agreed transfer date.
	The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE regulations) protect the rights of employees when they transfer to a new employer. The contracts of the individuals to be transferred to the ISOP will be subject to TUPE regulations wherever they would otherwise be applicable. There are some circumstances under which employees would not usually be caught under (and granted the protection of) the TUPE regulations and paragraph 4 makes a power to extend TUPE protections where this would not naturally occur.
	The aim is to make it possible for the transfer to the ISOP not to break employees’ continuity of employment and their contracts transferred to the ISOP will be treated as if the ISOP was their original employer for this purpose.
	The transfer scheme may provide that the ISOP honours a collective agreement previously implemented by the existing employer. A collective agreement is when an employer may have an agreement with employees’ representatives (for instance a trade union or staff associations) that allows negotiations of terms and conditions like pay or working hours.
	The precise requirements of the scheme cannot be determined in advance but given the complexity of the initial transfer it is desirable to allow the Secretary of State to make any provisions in the transfer scheme which may be necessary to deal with matters arising. These include unforeseen liabilities which should remain with the transferor, and other examples as described in sub-paragraph 6(1).