Small Business, Enterprise and Employment Bill (HC Bill 11)

Small Business, Enterprise and Employment BillPage 220

(a) about the transfer of property, rights and liabilities that could not
otherwise be transferred;

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

(4) 5The Regulations may provide that a transfer scheme may make
consequential, supplementary, incidental or transitional provision and may
in particular—

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

(b) 10make provision about the continuing effect of things done by the
former body in respect of anything transferred;

(c) 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 former body in respect of anything transferred;

(d) 15make provision for references to the former body in an instrument or
other document in respect of anything transferred to be treated as
references to the new body;

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

(f) if the TUPE regulations do not apply to in relation to the transfer,
20make provision which is the same or similar.

(5) The Regulations must provide that, where the former body is an existing
body, a transfer scheme may only make provision in relation to—

(a) things done by or in relation to the former body in or in connection
with the exercise of functions conferred on it by previous regulations
25under section 132, and

(b) functions of the body which are functions so conferred.

(6) In sub-paragraph (4)(f), “TUPE regulations” means the Transfer of
Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246S.I. 2006/246).

(7) In this paragraph—

(a) 30references to rights and liabilities include rights and liabilities
relating to a contract of employment;

(b) references to the transfer of property include the grant of a lease.

Additional provision where body is unincorporated association

14 (1) This paragraph applies where the body is an unincorporated association.

(2) 35The Regulations must provide that any relevant proceedings may be
brought by or against the body in the name of any body corporate whose
constitution provides for the establishment of the body.

(3) In sub-paragraph (2) “relevant proceedings” means proceedings brought in
or in connection with the exercise of any function conferred on the body by
40the Regulations.