Schedule 4: Transfer of property etc to Council
214.This Schedule makes further provision about transfer schemes made by the Secretary of State under section 35(7) or by energywatch, Postwatch, the Consumer Council for Water or the existing National Consumer Council under section 35(2)(a). Paragraph 5 means that all property, rights and liabilities included within a transfer scheme are transferred to the Council on the day appointed by the scheme, even if other provisions exist that might prevent or restrict their transfer.
215.Paragraph 6 means that anything done by the body from which the property etc is being transferred (the “transferor”) in connection with the property etc being transferred, shall be treated as if it were done by the Council. The Council may continue anything that the transferor was in the process of doing before the transfer, and should be substituted for the transferor in any document that relates to the property etc being transferred.
216.Paragraphs 7 and 8 apply the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) to any transfer that relates to rights or liabilities under a contract of employment. Paragraph 8 ensures that there is no break in the continuity of employment of staff transferring to the Council from energywatch, Postwatch, the Consumer Council for Water or the existing National Consumer Council.
217.Paragraphs 9 to 11 make provision for corporation tax consequences of the transfer schemes. The effect is to remove tax consequences that would otherwise have arisen only because of the transfer and to provide continuity of tax treatment.