Protection of Freedoms Bill (HC Bill 189)

(1) The Secretary of State may, in connection with an order under section 85, make

a scheme for the transfer to DBS of property, rights or liabilities of ISA or the

Secretary of State.

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

(a) 15property, rights and liabilities which could not otherwise be


(b) property acquired, and rights and liabilities arising, after the making of

the scheme.

(3) A transfer scheme may make consequential, supplementary, incidental,

20transitional, transitory or saving provision and may, in particular—

(a) create rights, or impose liabilities, in relation to property or rights


(b) make provision about the continuing effect of things done by, on behalf

of or in relation to the transferor in respect of anything transferred,

(c) 25make 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,

(d) make provision for references to the transferor in an instrument or

other document in respect of anything transferred to be treated as

30references to the transferee,

(e) make provision for the shared ownership or use of property,

(f) if the TUPE regulations do not apply in relation to the transfer, make

provision which is the same or similar.

(4) A transfer scheme may provide—

(a) 35for modification by agreement,

(b) for modifications to have effect from the date when the original scheme

came into effect.

(5) A transfer scheme may confer a discretion on the Secretary of State to pay

compensation to any person whose interests are adversely affected by the


(6) A transfer scheme may be included in an order under section 85 but, if not so

included, must be laid before Parliament after being made.

(7) For the purposes of this section—

(a) an individual who holds employment in the civil service is to be treated

45as employed by virtue of a contract of employment, and