Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Act 2025
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Change 1
Schedule 2 Transfer of property etc
Section 2 1 (1) The Secretary of State may make one or more schemes for the transfer of property, rights and liabilities from the Institute for Apprenticeships and Technical Education (“the Institute”) to the Secretary of State. (2) The things that may be transferred under a transfer scheme under this paragraph include— (a) property, rights and liabilities that could not otherwise be transferred; (b) property acquired, and rights and liabilities arising, after the making of the scheme. (3) A transfer scheme under this paragraph may— (a) create rights, or impose liabilities, in relation to anything transferred; (b) make provision about the continuing effect of things done by or in relation to the Institute in respect of anything transferred; (c) make provision about the continuation of things (including legal proceedings) in the process of being done by or in relation to the Institute in respect of anything transferred; (d) make provision for references to the Institute in an instrument or other document in respect of anything transferred to be treated as references to the Secretary of State; (e) make provision which is the same as or similar to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246); (f) make other consequential, supplementary, incidental or transitional provision. (4) A transfer scheme may provide for— (a) modifications by agreement; (b) modifications to have effect from the date when the original scheme came into effect. (5) For the purposes of this paragraph— (a) references 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. (6) For the purposes of sub-paragraph (5)— (a) an individual who holds employment in the civil service of the State is to be treated as employed by virtue of a contract of employment, and (b) the terms of the individual’s employment in the civil service of the State are to be regarded as constituting the terms of the contract of employment.
Schedule 2 Transfer of property etc
Section 2 1 (1) The Secretary of State may make one or more schemes for the transfer of property, rights and liabilities from the Institute for Apprenticeships and Technical Education (“the Institute”) to the Secretary of State. (2) The things that may be transferred under a transfer scheme under this paragraph include— (a) property, rights and liabilities that could not otherwise be transferred; (b) property acquired, and rights and liabilities arising, after the making of the scheme. (3) A transfer scheme under this paragraph may— (a) create rights, or impose liabilities, in relation to anything transferred; (b) make provision about the continuing effect of things done by or in relation to the Institute in respect of anything transferred; (c) make provision about the continuation of things (including legal proceedings) in the process of being done by or in relation to the Institute in respect of anything transferred; (d) make provision for references to the Institute in an instrument or other document in respect of anything transferred to be treated as references to the Secretary of State; (e) make provision which is the same as or similar to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246); (f) make other consequential, supplementary, incidental or transitional provision. (4) A transfer scheme may provide for— (a) modifications by agreement; (b) modifications to have effect from the date when the original scheme came into effect. (5) For the purposes of this paragraph— (a) references 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. (6) For the purposes of sub-paragraph (5)— (a) an individual who holds employment in the civil service of the State is to be treated as employed by virtue of a contract of employment, and (b) the terms of the individual’s employment in the civil service of the State are to be regarded as constituting the terms of the contract of employment.
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