Commentary Schedule 12: Aviation security: further provision about transfer schemes
275.Paragraph 1 provides that a transfer scheme may make provision for the transfer of property, rights and liabilities that would not otherwise be capable of transfer.
276.It provides that a transfer scheme may create rights or impose liabilities over property transferred by the scheme, create new rights and liabilities as between the Crown and the CAA and apportion property, rights and liabilities between the Crown and the CAA.
277.Sub-paragraph (3) allows a transfer scheme to include consequential, incidental, supplementary, transitional, transitory and saving provision.
278.Paragraph 2 makes provision in relation to rights, powers, duties and liabilities relating to an individual’s contract of employment where they are transferred by means of a transfer scheme. It provides that the continuity of the individual’s employment is not broken by the transfer of employment under a transfer scheme. The contract of employment will continue as if it had been made between the individual and the CAA, and the individual will not be regarded as having been dismissed by reason of redundancy because of the transfer.
279.Paragraph 3 sets out what happens if an individual objects to the transfer of their employment contract under a transfer scheme before it takes effect. The contract of employment will be terminated immediately before the point at which the transfer would have taken place but the employee is not to be considered to have been dismissed for any purpose. Sub-paragraph (5) preserves an individual’s right to terminate their contract of employment where there is a substantial detrimental change in the individual’s working conditions, other than the change of employer.
280.Paragraph 4 provides that a transfer scheme may include provision with respect to the individual’s eligibility to become a member of a pension scheme by virtue of employment with the CAA. The transfer scheme may include provision with respect to the rights of, or rights or liabilities in respect of, the individual under a pension scheme of which the individual may become a member by virtue of employment with the CAA, or a pension scheme of which the individual is a member by virtue of employment immediately before the transfer.
281.Paragraph 5 modifies the provisions of Schedule 12 as they apply to employment in the civil service of the Crown other than under a contract of employment. Where an individual holds such employment, the individual is deemed to be employed under a contract of employment on the terms of employment in the civil service of the Crown and reference to dismissal in paragraph 3 of the Schedule is deemed to be a reference to termination of employment in the civil service of the Crown.
282.Paragraph 6 provides that a certificate issued by the Secretary of State that any property, rights, powers, duties or liabilities have been transferred to the CAA under a transfer scheme is to be taken as conclusive evidence of that fact. The certificate is evidence that a transfer has taken place.
283.Paragraph 7 ensures that anything done by the Crown before the time of transfer is still valid after transfer.
284.Paragraph 8 ensures that things done by or in relation to the Crown with respect to anything transferred under a transfer scheme are to be treated as though they had been done by or in relation to the CAA or its members or employees, or continued by or in relation to the CAA or its members or employees. Sub-paragraph (2) provides that a transfer scheme may, in particular, make provision about the continuation of legal proceedings and for references to the Crown in documents to be treated as references to the CAA.