Investigatory Powers Act 2016 (c. 25)
Schedule 5 — Transfer and agency arrangements with public authorities: further provisions
(d)
(e)
(f)
253
make provision for references to the transferor in an instrument or
other document in respect of anything transferred to be treated as
references to the transferee,
make provision for the shared ownership or use of property,
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) for 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
scheme.
(6) A transfer scheme may be included in regulations under section 83(1) but, if
not so included, must be laid before Parliament after being made.
(7) For the purposes of this paragraph references to rights and liabilities include
references to—
(a) rights and liabilities relating to a contract of employment, and
(b) rights and liabilities of the Crown relating to the terms of
employment of individuals in the civil service.
(8) Accordingly, a transfer scheme may, in particular, provide—
(a) for—
(i) an individual employed in the civil service to become an
employee of the transferee, or
(ii) an employee of the transferor to become an employee of the
transferee or an individual employed in the civil service,
(b) for—
(i) the individual’s terms of employment in the civil service to
have effect (subject to any necessary modifications) as the
terms of the individual’s contract of employment with the
transferee, or
(ii) (as the case may be) the individual’s contract of employment
to have effect (subject to any necessary modifications) as the
terms of the individual’s contract of employment with the
transferee or, where the transferee is the Secretary of State,
the individual’s terms of employment with the civil service,
(c) for the transfer of rights and liabilities of the Crown or another public
authority under or in connection with the individual’s terms of
employment.
(9) In this paragraph—
“civil service” means the civil service of the State,
“TUPE regulations” means the Transfer of Undertakings (Protection of
Employment) Regulations 2006 (S.I. 2006/246),
and references to the transfer of property include the grant of a lease.