Commentary on Sections Transfer schemes Section 301 – Transfer schemes: supplemental
1542.This section makes additional provision relating to the transfer schemes made under section 300. It sets out in more detail what may be transferred, and how it may be done - for example, it enables transfer schemes to make provision about the shared use of property transferred.
1543.Subsection (1) makes provision about what may be transferred by a staff or property transfer scheme.
1544.Subsection (2) sets out the bodies to whom criminal liabilities can be transferred.
1545.Subsection (3) allows property or staff transfer schemes to make supplementary, incidental, transitional or consequential provisions associated with the transfer of staff or property. For example, a covenant could be placed on property transferred under a transfer scheme to require it to be used for healthcare purposes.
1546.Subsection (4) allows property transfer schemes to make provision for shared ownership or use of property.
1547.Subsection (5) allows staff transfer schemes to make the same or similar provisions to the Transfer of Undertakings (Protection of Employment) Regulations. Subsection (8) defines “TUPE regulations”.
1548.Subsection (6) allows transfer schemes to be modified by agreement once they come into operation.
1549.Subsection (7) requires the Secretary of State to ensure that all property, rights and liabilities of a PCT, SHA or Special Health Authority covered by a transfer scheme are transferred.