(e) make provision about the continuation of legal proceedings.

(3) The things that may be transferred by a property transfer scheme include—

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

(b) 10property acquired, and rights and liabilities arising, after the making
of the scheme.

4 (1) A staff transfer scheme or a property transfer scheme may make—

(a) provision for any reference to a transferor in any document or other
instrument, contract or legal proceedings to have effect as, or as
15including, a reference to the NCA or the Secretary of State;

(b) supplementary, incidental, transitional and consequential provision.

(2) A staff transfer scheme may make provision which is the same or similar as
provision made by the TUPE regulations (if those regulations do not apply
to the transfer).

5 20In paragraphs 2 to 4—

• “civilian staff”, in relation to an England and Wales police force, means
  a person employed by the policing body for that force;

• “designated”, in relation to a staff transfer scheme or a property transfer
  scheme, means specified in, or determined in accordance with, the
  25scheme;

• “designated transferee” means a person in respect of whom a staff
  transfer scheme makes provision of the kind referred to in paragraph
  2(1)(a) or (b);

• “Home Office” means the department of the Secretary of State having
  30responsibility for policing;

• “instrument” includes a designation, authorisation, warrant, or order
  of any court;

• “transferor”, in relation to a staff transfer scheme or a property transfer
  scheme, means any of the following to which the scheme relates—

  (a)

  35SOCA;

  (b)

  the NPIA;

  (c)

  the chief officer of, or the policing body, for an England and
  Wales police force;

  (d)

  any other person;

• 40“TUPE regulations” means the Transfer of Undertakings (Protection of
  Employment) Regulations 2006.

Continuity in relation to functions

6 (1) The abolition of SOCA or the NPIA does not affect the validity of anything
done before the abolition.

(2) 45The transfer of a function does not affect the validity of anything done before
the transfer.

(3) Sub-paragraphs (4) to (6) apply in relation to the transfer of a function.

(4) Where anything—

(a) relates to the transferred function, and

(b) is in the process of being made or done by or in relation to the
5transferor immediately before the transfer takes effect,

it may be continued afterwards by or in relation to the transferee.

(5) Where anything—

(a) relates to the transferred function,

(b) has been made or done by or in relation to the transferor, and

(c) 10is in effect immediately before the transfer takes effect,

it has effect afterwards as if made or done by or in relation to the transferee.

(6) The transferee is to be substituted for the transferor in any documents and
other instruments, contracts or legal proceedings which—

(a) relate to the transferred function, and

(b) 15are made or commenced before the transfer takes effect.

(7) The Secretary of State may, by direction, determine any question under this
paragraph as to—

(a) whether there has been a transfer of a particular function, or

(b) the person to whom there has been a transfer of a particular function.

(8) 20The preceding provisions of this paragraph are without prejudice to the
powers under section 45 (transitional, transitory or saving provision).

(9) The following provisions of this paragraph apply for the purposes of this
paragraph.

(10) A reference to—

(a) 25the abolition of SOCA includes a reference to the ending of a
person’s membership of SOCA or membership of the staff of SOCA;

(b) the abolition of the NPIA includes a reference to the ending of a
person’s membership of the NPIA or membership of the staff of the
NPIA.

(11) 30A reference to the transfer of a function is a reference to—

(a) the transfer of a SOCA function by or under this Act,

(b) the transfer of an NPIA function by or under this Act, and

(c) the assumption of a third party function by the NCA.

(12) For that purpose—

(a) 35the reference to the transfer of a SOCA function or NPIA function by
or under this Act includes a reference to a case where—

(i) a SOCA function or NPIA function is abolished, and

(ii) a corresponding function is conferred on another person,

by or under this Act;

(b) 40the reference to the assumption of a third party function by the NCA
is a reference to the case where—

(i) a function (other than a SOCA function or an NPIA function)
is exercisable before the changeover by a person (the “third
party”),

(ii) a corresponding function is included in the NCA functions,
and

(iii) a person employed by, or otherwise serving, the third party
wholly or partly for the purpose of the exercise of the
5function becomes an NCA officer;

and references to the transferred function, the transferor and the transferee
are to be read accordingly.

(13) A reference to a thing being, or having been, made or done includes—

(a) a reference to—

(i) 10a document or other instrument being, or having been, made
or otherwise produced,

(ii) a contract being, or having been, agreed, and

(iii) legal proceedings being, or having been, brought; and

(b) a reference to a thing being, or having been, made or done under—

(i) 15a document or other instrument,

(ii) a contract, or

(iii) legal proceedings.

(14) A reference to a thing which relates to a transferred function includes a
reference to a thing made or done for the purposes of, or otherwise in
20connection with, a transferred function.

(15) These expressions have the meanings given—

• “instrument” includes a designation, authorisation, warrant, or order
  of any court;

• “NPIA functions” means functions of—

  (a)

  25the NPIA,

  (b)

  a member of the NPIA, or

  (c)

  a member of the staff of the NPIA;

• “SOCA functions” means functions of—

  (a)

  SOCA,

  (b)

  30a member of SOCA, or

  (c)

  a member of the staff of SOCA.

Continuity in relation to subordinate legislation

7 (1) After the changeover, the subordinate legislation specified in an entry in the
first column of the following table—

(a) 35continues to have effect (subject to any subsequent amendment or
revocation) as if made under the powers conferred by the provision
of this Act specified in the corresponding entry in the second
column; and

(b) may be amended or revoked by (in particular) the exercise of the
40powers conferred by that provision.

(2) Insofar as subordinate legislation continues to have effect by virtue of sub-
20paragraph (1), it does so subject to the following modifications.

(3) The modifications applicable to any subordinate legislation by virtue of sub-
paragraph (2) are in addition to any other modifications applicable to that
15subordinate legislation (whether by virtue of Part 4 of Schedule 8 or
otherwise).

(4) The preceding provisions of this paragraph are without prejudice to sections
44 (consequential amendments) and 45 (transitional, transitory or saving
provision).

20Members of SOCA

8 (1) The Secretary of State may pay such amount (if any) as the Secretary of State
thinks appropriate to a person who ceases to be a SOCA board member at
the changeover.

(2) In this paragraph “SOCA board member” means a person who is a member
25of SOCA by virtue of paragraph 1(1)(a) or (c) of Schedule 1 to the Serious
Organised Crime and Police Act 2005 (the chairman and ordinary members).

SOCA annual reports and accounts

9 (1) The repeal of sections 7 and 20 of the Serious Organised Crime and Police
Act 2005 (annual reports and accounts) by this Act does not affect the
30application of those sections, after the changeover, in relation to times before
the changeover.

(2) Sections 7 and 20 of the 2005 Act apply in relation to the final period as they
apply to any financial year of SOCA (and, accordingly, references in those
sections to a financial year of SOCA include references to the final period).

(3) 35After the changeover, the duties imposed on SOCA by sections 7 and 20 of
the 2005 Act are to be discharged by the Director General of the National
Crime Agency.

(4) In this paragraph “final period” means the period which—

(a) begins with the last 1 April to fall before the changeover, and

(b) 40ends with the changeover.