Section 8
1 (1) The property, rights and liabilities which may be the subject of a scheme include—
(a) any that would otherwise be incapable of being transferred or assigned, and
(b) rights and liabilities under a contract of employment.
(2) A scheme may define the property, rights and liabilities to be transferred by specifying or describing them (including describing them by reference to a specified part of the transferor’s undertaking).
(3) A scheme may include supplementary, incidental, transitional and consequential provision.
2 The property, rights and liabilities which are the subject of a scheme are, by virtue of this paragraph, transferred on the day appointed by the scheme in accordance with the provisions of the scheme.
3 The transfer by paragraph 2 of the rights and liabilities relating to an individual’s contract of employment does not break the continuity of his employment, and, accordingly—
(a) he is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (c. 18) (redundancy payments etc.) or Part XII of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) as having been dismissed by virtue of the transfer, and
(b) his period of employment with the transferor counts as a period of employment with the transferee for the purposes of that Act or Order.
4 (1) Paragraph 2 does not operate to transfer the rights and liabilities under an individual’s contract of employment if, before the transfer takes effect, he informs the transferor or transferee that he objects to the transfer.
(2) Where an individual does inform the transferor or transferee as specified in sub-paragraph (1), his contract of employment with the transferor is terminated immediately before the date on which the transfer would occur; but he is not, for any purpose, to be regarded as having been dismissed by the transferor.
(3) This paragraph does not affect any right of an individual employed by a transferor to terminate his contract of employment if (apart from the change of employer) a substantial change is made to his detriment in his working conditions.
5 For the purposes of this Schedule, where a person holds any office or employment under the Crown on terms which do not constitute a contract of employment between that person and the Crown—
(a) he shall be regarded as employed by the Crown by virtue of a contract of employment;
(b) the terms of his employment shall be regarded as constituting the terms of that contract; and
(c) in relation to such a person, the reference in paragraph 4(2) to dismissal by the transferor is to termination of his employment by the Crown.
6 (1) Anything done by or in relation to the transferor for the purposes of or in connection with anything transferred by paragraph 2 which is in effect immediately before it is transferred must be treated as if done by or in relation to the transferee.
(2) There may be continued by or in relation to the transferee anything (including legal proceedings) relating to anything so transferred which is in the process of being done by or in relation to the transferor immediately before it is transferred.
(3) A reference to the transferor in any document relating to anything so transferred must be taken (so far as necessary for the purposes of or in consequence of the transfer) as a reference to the transferee.
(4) A transfer under paragraph 2 does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.
Section 11
1 (1) The Parliamentary Commissioner Act 1967 is amended as follows.
(2) In Schedule 2 (departments etc. subject to investigation) at the appropriate place there is inserted—
“Health Protection Agency.”
(3) In the Notes to Schedule 2, after paragraph 11 there is inserted the following paragraph—
“12 (1) This paragraph applies in relation to the Health Protection Agency.
(2) No investigation is to be conducted in relation to any action taken by or on behalf of the Agency in the exercise in or as regards Scotland of any function to the extent that the function is exercisable within devolved competence (within the meaning of section 54 of the Scotland Act 1998).”
2 The Radiological Protection Act 1970 (so far as not repealed by or under any other enactment) shall cease to have effect.
3 In Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry) in paragraph 1 after sub-paragraph (2) there is inserted the following sub-paragraph—
“(2A) The Secretary of State may direct that his function of appointing medical inspectors under sub-paragraph (2) is also to be exercisable by such persons specified in the direction who exercise functions relating to health in England or Wales.”
4 In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of other authorities and bodies) in subsection (1A)—
(a) after “enter into an agreement with” there is inserted “the Health Protection Agency,”;
(b) in paragraph (a) after “disposal of” there is inserted “the Health Protection Agency,”;
(c) in paragraph (b) after “employed by” there is inserted “the Health Protection Agency,”.
5 (1) The Health and Safety at Work etc. Act 1974 is amended as follows.
(2) In section 16(2) (consultation before approving code of practice), in paragraph (a) for “the National Radiological Protection Board” there is substituted “the Health Protection Agency”.
(3) In section 50(3) (consultation before submission of proposals for regulations), in paragraph (a) for “the National Radiological Protection Board” there is substituted “the Health Protection Agency”.
6 In the House of Commons Disqualification Act 1975, in Part 3 of Schedule 1 (other disqualifying offices), at the appropriate place there is inserted the following entry—
“Chairman or non-executive member of the Health Protection Agency.”
7 In the Northern Ireland Assembly Disqualification Act 1975, in Part 3 of Schedule 1 (other disqualifying offices), at the appropriate place there is inserted the following entry—
“Chairman or non-executive member of the Health Protection Agency.”
8 In the Race Relations Act 1976, in Part 2 of Schedule 1A (persons subject to general statutory duty) at the appropriate place there is inserted the following entry—
“The Health Protection Agency.”
9 In section 17A of the National Health Service (Scotland) Act 1978 (NHS contracts) for subsection (2)(h) there is substituted—
“(h) the Health Protection Agency;”.
10 (1) The Health and Safety at Work (Northern Ireland) Order 1978 is amended as follows.
(2) In Article 18(2) (consultation before approving code of practice), in sub-paragraph (a) for “the National Radiological Protection Board” there is substituted “the Health Protection Agency”.
(3) In Article 46(3) (consultation before submission of proposals for regulations), in sub-paragraph (a) for “the National Radiological Protection Board” there is substituted “the Health Protection Agency”.
11 (1) The National Health Service and Community Care Act 1990 is amended as follows.
(2) In section 4 (NHS contracts) in subsection (2) after paragraph (i) there is inserted the following paragraph—
“(ii) the Health Protection Agency;”.
(3) In section 21(2) (bodies in respect of which schemes may be made for meeting certain losses and liabilities) before “but a scheme under this section” there is inserted the following paragraph—
“(d) the Health Protection Agency,”.
12 In Article 8(2)(g) of the Health and Personal Social Services (Northern Ireland) Order 1991 (certain health bodies with power to make arrangements with one another) for paragraph (vi) there is substituted—
“(vi) the Health Protection Agency;”.
13 In section 218(10) of the Employment Rights Act 1996 (health service employers where change does not affect continuity of employment) after paragraph (d) there is inserted the following paragraph—
“(dd) the Health Protection Agency.”
14 In Schedule 5 to the Government of Wales Act 1998 (bodies subject to power of Assembly to require attendance and production of documents) after paragraph 20 there is inserted the following paragraph—
“20A The Health Protection Agency.”
15 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 at the appropriate place there is inserted—
“The Health Protection Agency.”
16 In Schedule 1 to the International Development Act 2002 (statutory bodies which may agree to exercise certain functions outside the United Kingdom) after “A Health Board” there is inserted—
“Health Protection Agency”.
17 (1) Section 133 of the Nationality, Immigration and Asylum Act 2002 (disclosure of information by medical inspectors) is amended as follows.
(2) In subsection (4)(a) after sub-paragraph (v) there is inserted “or
(vi) the Health Protection Agency.”
(3) In subsection (4)(b) after sub-paragraph (iii) there is inserted “or
(iv) the Health Protection Agency.”
(4) In subsection (4)(c)—
(a) after sub-paragraph (i) omit “or”;
(b) after sub-paragraph (ii) there is inserted the following sub-paragraph—
“(iii) the Health Protection Agency, or”.
(5) In subsection (4)(d)—
(a) after sub-paragraph (ii) omit “or”;
(b) after sub-paragraph (iii) there is inserted “or
(iv) the Health Protection Agency.”
18 (1) The Scottish Public Services Ombudsman Act 2002 is amended as follows.
(2) In section 7 (matters which may be investigated: restrictions), after subsection (6) there is inserted—
“(6A) The Ombudsman must not investigate action taken by or on behalf of the Health Protection Agency in the exercise in or as regards Scotland of any function to the extent that the function is not exercisable within devolved competence (within the meaning of section 54 of the Scotland Act 1998 (c. 46)).”
(3) In Schedule 2 (persons liable to investigation) after paragraph 89 (Unrelated Live Transplant Regulatory Authority) there is inserted the following—
90 The Health Protection Agency.”
19 The Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) (Establishment) Order 2003 is revoked.
20 The Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 2003 are revoked.