OpenLegislation

Section 218 Transfer schemes: general provisionsC1

(1)

In this section—

  • “transfer scheme” means a scheme under section F1197(2D), 200(1) or (4) or 216(1);

  • “transferee”, in relation to a transfer scheme, means the person to whom property, rights or liabilities are transferred by the scheme;

  • “transferor”, in relation to a transfer scheme, means the person from whom property, rights or liabilities are transferred by the scheme.

(2)

The things that may be transferred under a transfer scheme include—

(a)

property, rights or liabilities that could not otherwise be transferred;

(b)

property acquired, and rights and liabilities arising, after the making of the scheme.

(3)

A transfer scheme may make consequential, supplementary, incidental or transitional provision and may in particular—

(a)

make provision for certificates issued by the Secretary of State to be conclusive evidence that property has been transferred;

(b)

create rights, or impose liabilities, in relation to property or rights transferred;

(c)

make provision about the continuing effect of things done (or having effect as if done) by or in relation to the transferor in respect of anything transferred;

(d)

make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;

(e)

make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;

(f)

make provision for the shared ownership or use of property.

(4)

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to a transfer under a transfer scheme where the transfer relates to rights or liabilities under a contract of employment (whether or not it is a relevant transfer for the purposes of those regulations).

(5)

A transfer scheme may provide—

(a)

for modification by agreement;

(b)

for modifications to have effect from the date when the original scheme came into effect.

(6)

In this section “rights” and “liabilities” include rights, or (as the case may be) liabilities, in relation to a contract of employment.

Annotations

Textual amendments

F1

Word in s. 218 inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 101(8), 118(4) (with s. 116); S.I. 2025/1370, reg. 4(1)(e)

Modifications

C1

Pt. 8 Ch. 2 applied (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 11(1)(2), Sch. 3

Notes on Part 8

Textual amendments

F1

Words in Pt. 8 heading inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 20 para. 2 (with s. 102)

Modifications

C1

Pt. 8 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/612), arts. 1(3), 4(1)(2), Sch.

C2

Pt. 8 applied (with modifications) (8.5.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(3), 11(1)(2), Sch. 4

Notes on Chapter 2

Modifications

C1

Pt. 8 Ch. 2 applied (with modifications) (3.3.2017) by The Tees Valley Combined Authority (Functions) Order 2017 (S.I. 2017/250), arts. 1(2), 4(1)(2), Sch. (with arts. 3, 4(3))

C2

Pt. 8 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/612), arts. 1(3), 4(1)(2), Sch.

C3

Pt. 8 applied (with modifications) (8.5.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(3), 11(1)(2), Sch. 4

C4

Pt. 8 Ch. 2 applied (with modifications) (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 13(1)(2), Sch. 4

C5

Pt. 8 Ch. 2 applied (with modifications) (8.5.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(4), 14(1), Sch. 3

C6

Pt. 8 Ch. 2 applied (with modifications) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 16, Sch. 4 (with art. 28)

C7

Pt. 8 Ch. 2 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 12, Sch. 3

C8

Pt. 8 Ch. 2 applied (with modifications) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 15, Sch. 3

C10

Pt. 8 Ch. 2: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)

C11

Pt. 8 Ch. 2 applied (with modifications) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 12(1)(2), Sch. 3

C12

Pt. 8 Ch. 2 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 40(1), Sch. 6 (with art. 9)

C13

Pt. 8 Ch. 2 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 40(2), Sch. 6 (with art. 9)

C14

Pt. 8 Ch. 2 applied (with modifications) (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 19(2)(3), Sch. 4 para. 2

C15

Pt. 8 Ch. 2 applied (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 11(1)(2), Sch. 3