Commentary Part 1: General Order-Making Powers Section 23: Transfer schemes
63.Section 23 confers a power to make a scheme to transfer property, rights and liabilities on Ministers in connection with an order under sections 1 to 5, and on Welsh Ministers in connection with an order under sections 13 and 14. In the case of a scheme under subsection (1)(a) (schemes made by a Minister), the transfer of property, rights and liabilities must be to an eligible person or any body corporate unless constitutional or funding arrangements are being modified under sections 3 or 4, in which case the transfer must be to a Minister. In the case of a scheme under made by the Welsh Ministers under subsection (1)(b), the transfer must be to the Welsh Ministers, a person exercising Welsh devolved functions or a body corporate.
64.Subsection (6) lists supplementary, incidental and transitional provision that may be made by a transfer scheme. These include making provision the same as or similar to the TUPE regulations (the Transfer of Undertakings (Protections of Employment) Regulations 2006 (S.I. 2006/246)). Subsection (8) makes provision in relation to individuals holding employment in the civil service.