|
| |
|
(2) | A transfer scheme may provide for the transfer to the chief officer of the |
| |
rights, powers, duties and liabilities of the employer under or in connection |
| |
with the contract of employment of a person who becomes a member of the |
| |
civilian staff of the police force. |
| |
(3) | A transfer scheme may provide for the transfer to a local authority of the |
| 5 |
rights, powers, duties and liabilities of the employer under or in connection |
| |
with the contract of employment of a person who becomes a member of the |
| |
staff of that local authority. |
| |
(4) | A transfer scheme may make provision— |
| |
(a) | for periods before a person became a member of the staff of the new |
| 10 |
policing body to count as periods of employment with that body, |
| |
| |
(b) | for periods before a person became a member of the staff of the new |
| |
policing body, and the period after the person became a member of |
| |
the staff of the new policing body, to count as a period of continuous |
| 15 |
| |
(5) | A transfer scheme may make provision— |
| |
(a) | for periods before a person became a member of the civilian staff of |
| |
the police force to count as periods of employment with the chief |
| |
| 20 |
(b) | for periods before a person became a member of the civilian staff of |
| |
the police force, and the periods after the person became a member |
| |
of the civilian staff of the police force, to count as a period of |
| |
| |
(6) | A transfer scheme may make provision— |
| 25 |
(a) | for periods before a person became a member of the staff of a local |
| |
authority to count as periods of employment with that local |
| |
| |
(b) | for periods before a person became a member of the staff of a local |
| |
authority, and the period after the person became a member of the |
| 30 |
staff of the local authority, to count as a period of continuous |
| |
| |
9 (1) | A transfer scheme may provide for a person who— |
| |
(a) | is employed by the existing police authority under section 15 of the |
| |
| 35 |
(b) | would otherwise, by the operation of the scheme, become— |
| |
(i) | a member of the staff of the new policing body, |
| |
(ii) | a member of the civilian staff of the police force, or |
| |
(iii) | a member of staff of a local authority, |
| |
| not to become such a member of staff if the person gives notice objecting to |
| 40 |
the operation of the scheme in relation to the person. |
| |
(2) | A person who would (but for this sub-paragraph) be treated as being |
| |
dismissed by the operation of a transfer scheme (whether by an enactment |
| |
or otherwise) is to be treated as not being so dismissed. |
| |
(3) | Sub-paragraph (2) does not apply to a person who, by virtue of sub- |
| 45 |
paragraph (1), does not become a member of staff. |
| |
|
| |
|
| |
|
Property, rights and liabilities etc |
| |
10 (1) | A transfer scheme may provide for the transfer of property, rights and |
| |
liabilities of the existing police authority to— |
| |
(a) | the new policing body, or |
| |
| 5 |
| |
(a) | create rights, or impose liabilities, in relation to property, rights and |
| |
liabilities transferred by virtue of the scheme, and |
| |
(b) | apportion property, rights and liabilities between the new policing |
| |
body and the chief officer. |
| 10 |
(3) | The scheme may provide for things done by or in relation to the existing |
| |
policing body, its staff, or the members of the police force, to be— |
| |
(a) | treated as done by, or in relation to, or |
| |
(b) | continued by, or in relation to, |
| |
| the new policing body, the staff of the new policing body, the chief officer, |
| 15 |
the civilian staff of the police force, or the members of the police force. |
| |
(4) | The scheme may make provision about the continuation of legal |
| |
| |
11 | A transfer scheme may provide for the new policing body, or the chief |
| |
officer, to make any payment which— |
| 20 |
(a) | before a day specified in the scheme could have been made out of the |
| |
police fund of the existing police body, but |
| |
(b) | is not a liability which can be transferred by virtue of paragraph 10. |
| |
| |
12 (1) | A transfer scheme my contain further provision in connection with any of |
| 25 |
the matters to which paragraphs 6 to 11 relate. |
| |
(2) | A transfer scheme may contain incidental, consequential, supplemental, |
| |
transitional and saving provision. |
| |
13 (1) | A transfer scheme may contain provision— |
| |
(a) | for the Secretary of State, or any other person nominated by or in |
| 30 |
accordance with the scheme, to determine any matter requiring |
| |
determination under or in consequence of the scheme, and |
| |
(b) | as to the payment of fees charged, or expenses incurred, by any |
| |
person nominated to determine any matter by virtue of sub- |
| |
| 35 |
| |
Other transitional provision |
| |
Politically restricted posts |
| |
14 (1) | This paragraph applies to a person if— |
| |
(a) | by virtue of a transfer scheme, the person ceases to be a member of |
| 40 |
the staff of an existing police authority and becomes a member of |
| |
staff of a new policing body (the “transferred employment”), and |
| |
|
| |
|
| |
|
(b) | the duties which the person carries out as a member of staff of the |
| |
new policing body are the same, or substantially the same, as the |
| |
duties the person carried out as a member of staff of the existing |
| |
| |
(2) | Section 1 of the Local Government and Housing Act 1989 (politically |
| 5 |
restricted posts) does not apply to the person by virtue of the person holding |
| |
the transferred employment. |
| |
| |
15 (1) | The abolition of an existing police authority, the transfer or abolition of its |
| |
functions, and the transfer of its property, rights and liabilities, do not affect |
| 10 |
the validity of anything done before the abolition or transfer. |
| |
(2) | Sub-paragraphs (3) to (5) apply where any functions, property, rights or |
| |
liabilities are transferred by or under this Act from an existing police |
| |
authority (the “transferor”) to another person (the “transferee”). |
| |
(3) | There may be continued in relation to the transferee anything (including |
| 15 |
legal proceedings) which— |
| |
(a) | relates to any of the functions, property, rights or liabilities |
| |
| |
(b) | is in the process of being done by or in relation to the transferor |
| |
immediately before the transfer takes effect. |
| 20 |
| |
(a) | was made or done by or in relation to the transferor for the purposes |
| |
of, or otherwise in connection with, any of the functions, property, |
| |
rights or liabilities transferred, and |
| |
(b) | is in effect immediately before the transfer takes effect, |
| 25 |
| has effect as if made or done by or in relation to the transferee. |
| |
(5) | The transferee is to be substituted for the transferor in any instruments, |
| |
contracts or legal proceedings which— |
| |
(a) | relate to any of the functions, property, rights or liabilities |
| |
| 30 |
(b) | are made or commenced before the transfer takes effect. |
| |
(6) | The Secretary of State may, by direction, determine any question under this |
| |
| |
(a) | whether any particular functions, property, rights or liabilities are |
| |
transferred by or under this Act, or |
| 35 |
(b) | the person to which any particular functions, property, rights or |
| |
liabilities are transferred by or under this Act. |
| |
(7) | The preceding provisions of this paragraph— |
| |
(a) | are without prejudice to any power to make a transfer scheme, and |
| |
(b) | are subject to the provisions of any transfer scheme. |
| 40 |
(8) | In this paragraph a reference to the transfer of a function of an existing police |
| |
authority includes a reference to the abolition of the function and the |
| |
conferral of a corresponding function on another person. |
| |
|
| |
|
| |
|
Power to make transitional provision etc |
| |
16 | The Secretary of State may, by order, make such transitional and transitory |
| |
provision, and savings, as the Secretary of State considers appropriate in |
| |
connection with the abolition of the existing police authorities. |
| |
| 5 |
| |
| |
| |
(a) | in relation to a police area listed in Schedule 1 to the Police |
| |
Act 1996, the chief constable established for that police area |
| 10 |
under section 2 of this Act; |
| |
(b) | in relation to the metropolitan police district, the |
| |
Commissioner of Police of the Metropolis established under |
| |
| |
“existing police authority” means— |
| 15 |
(a) | in relation to a police area listed in Schedule 1 to the Police |
| |
Act 1996, the police authority established under section 3 of |
| |
| |
(b) | in relation to the metropolitan police district, the |
| |
Metropolitan Police Authority; |
| 20 |
| |
(a) | in relation to England, a county council or a district council; |
| |
(b) | in relation to Wales, a county council or a county borough |
| |
| |
“new policing body” means— |
| 25 |
(a) | in relation to a police area listed in Schedule 1 to the Police |
| |
Act 1996, the police and crime commissioner for that area; |
| |
(b) | in relation to the metropolitan police district, the Mayor’s |
| |
Office for Policing and Crime; |
| |
| 30 |
(a) | in relation to a police area listed in Schedule 1 to the Police |
| |
Act 1996, the police force maintained for that area under |
| |
| |
(b) | in relation to the metropolitan police district, the |
| |
metropolitan police force; |
| 35 |
“transfer scheme”, in relation to an existing police authority, means a |
| |
scheme for transferring staff, property, rights or liabilities of that |
| |
| |
|
| |
|