Commentary on Sections Part 3 - Health Miscellaneous Section 118 – Transfer orders
724.Section 118 makes provision on transfer orders under section 96 (establishment of Health Education England) or section 109 (establishment of the Health Research Authority). Such an order may make provision for rights and liabilities relating to an individual’s contract of employment.
725.In particular, it provides that, a transfer order may, amongst other matters, require that employees of the Special Health Authority are transferred to HEE or HRA as the case may be, under terms which are the same as or similar to those made by the Transfer of Undertakings (Protection of Employment) Regulations 2006 which provides certain protections of employment rights for transferred staff.