Commentary Section 8: Transfer of property and staff etc
29.Subsections (1) to (4) of section 8 enable the Secretary of State to make one or more schemes for transferring property, rights and liabilities from the Agency's predecessor bodies to the Agency, subject to prior consultation of the relevant devolved administrations in each case. Subsection (5) enables the appropriate authority (defined in section 6) to make schemes in respect of a relevant body which is defined in subsection (6). This power might be used if additional functions were conferred on the Agency by means of a direction or order made under the powers in sections 2 and 3. Subsections (7) to (11) enable the appropriate authority to make a scheme to transfer rights and liabilities relating to relevant staff from the Agency, thereby ensuring that their continuity of employment is not broken, if a direction or order under section 2 or 3 is varied or revoked. Subsection (12) introduces Schedule 2, which makes provision in relation to a scheme.