Small Business, Enterprise and Employment Bill (HC Bill 117)

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

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

(c) 5make 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) make provision for references to the former body in an instrument or
other document in respect of anything transferred to be treated as
10references 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,
make provision which is the same or similar.

(5) The Regulations must provide that, where the former body is an existing
15body, 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
under section 138, and

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

(6) 20In 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) references to rights and liabilities include rights and liabilities
relating to a contract of employment;

(b) 25references 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) The Regulations must provide that any relevant proceedings may be
brought by or against the body in the name of any body corporate whose
30constitution 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
the Regulations.