OpenLegislation

Paragraph 1 Power to make transfer schemesI1I2

England and Wales

(1)

The Welsh Ministers may make one or more schemes providing for—

(a)

staff of the Higher Education Funding Council for Wales or the Welsh Government to become members of staff of the Commission;

(b)

the transfer of property, rights and liabilities of the Higher Education Funding Council for Wales or the Welsh Ministers to the Commission.

(2)

The things that may be transferred under a scheme under this Schedule (a “transfer scheme”) include—

(a)

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

(b)

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

(c)

criminal liabilities.

(3)

A transfer scheme may make consequential, supplementary, incidental, transitional or transitory provision, for example so as to—

(a)

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

(b)

make provision about the continuing effect of things done in respect of anything transferred;

(c)

make provision about the continuation of things (including legal proceedings) in the process of being done in respect of anything transferred;

(d)

make provision for the shared ownership or use of property;

(e)

make provision for references to the Higher Education Funding Council for Wales, the Welsh Government or the Welsh Ministers in an instrument or other document in respect of anything transferred to be treated as references to the Commission;

(f)

make provision which is the same as or similar to a provision made by the TUPE regulations in a case where those regulations do not apply in relation to the transfer.

Annotations

Commencement

I1

Sch. 2 para. 1 not in force at Royal Assent, see s. 148(2)

I2

Sch. 2 para. 1 in force at 4.9.2023 by S.I. 2023/919, art. 2(w)