Search Legislation

Natural Environment and Rural Communities Act 2006

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 3

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Natural Environment and Rural Communities Act 2006, SCHEDULE 3. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 28

SCHEDULE 3E+WTransfer schemes

This schedule has no associated Explanatory Notes

Creation and apportionment of property, rights and liabilities etc.E+W

1E+WA scheme may—

(a)create for the transferor interests in or rights over property transferred by virtue of the scheme;

(b)create for the transferee interests in or rights over property retained by the transferor;

(c)create rights or liabilities between the transferor and the transferee.

Commencement Information

I1Sch. 3 para. 1 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

2(1)A scheme may provide for the transfer of property, rights or liabilities that would not otherwise be capable of being transferred or assigned.E+W

(2)In particular, it may provide for the transfer to take effect regardless of a contravention, liability or interference with an interest or right that would otherwise exist by reason of a provision having effect in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.

(3)It does not matter whether the provision referred to in sub-paragraph (2) has effect under an enactment or an agreement or in any other way.

Commencement Information

I2Sch. 3 para. 2 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

3E+WA certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a scheme is conclusive evidence for all purposes of that fact.

Commencement Information

I3Sch. 3 para. 3 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Employment contractsE+W

4(1)This paragraph applies if rights and liabilities under a contract of employment are transferred by virtue of a scheme.E+W

(2)The contract of employment—

(a)is not terminated by the transfer, and

(b)has effect from the transfer date as if made between the employee and the transferee.

(3)The rights, powers, duties and liabilities of the transferor under or in connection with the contract are transferred to the transferee on the transfer date.

(4)Anything done before the transfer date by or in relation to the transferor in respect of the contract or the employee is to be treated from that date as having been done by or in relation to the transferee.

(5)This paragraph is subject to paragraph 5.

Commencement Information

I4Sch. 3 para. 4 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

5(1)Rights and liabilities under a contract of employment are not transferred under this Schedule if the employee informs the transferor or transferee that he objects to the transfer.E+W

(2)If the employee informs the transferor or transferee that he objects—

(a)his contract of employment is terminated immediately before the transfer date, but

(b)he is not to be treated, for any purpose, as having been dismissed by the transferor.

Commencement Information

I5Sch. 3 para. 5 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

6E+WNothing in this Schedule affects any right a person has 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.

Commencement Information

I6Sch. 3 para. 6 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Civil servants treated as employed under a contract of employment etc.E+W

7(1)This Schedule applies with the following modifications in relation to employment in the civil service of the State on terms which do not constitute a contract of employment.E+W

(2)In the case of an individual who holds employment in the civil service of the State immediately before the transfer date—

(a)he is to be treated as employed by virtue of a contract of employment,

(b)the terms of that employment are to be regarded as constituting the terms of that contract, and

(c)the reference in paragraph 5 to dismissal by the transferor is to termination of that employment.

(3)In the case of an individual who is to hold employment in the civil service of the State on and after the transfer date, the terms and conditions of his contract of employment immediately before that date have effect on and after that date as if they were terms and conditions of his employment in the civil service of the State.

Commencement Information

I7Sch. 3 para. 7 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

CompensationE+W

8E+WA scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by it.

Commencement Information

I8Sch. 3 para. 8 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

ContinuityE+W

9E+WA transfer under this Schedule does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

Commencement Information

I9Sch. 3 para. 9 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

10E+WAnything which—

(a)is done by the transferor for the purposes of or otherwise in connection with anything transferred by virtue of a scheme, and

(b)is in effect immediately before the transfer date,

is to be treated as done by the transferee.

Commencement Information

I10Sch. 3 para. 10 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

11E+WThere may be continued by or in relation to the transferee anything (including legal proceedings)—

(a)which relates to anything transferred by virtue of a scheme, and

(b)which is in the process of being done by or in relation to the transferor immediately before the transfer date.

Commencement Information

I11Sch. 3 para. 11 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

12(1)This paragraph applies to any document—E+W

(a)which relates to anything transferred by virtue of a scheme, and

(b)which is in effect immediately before the transfer date.

(2)Any references in the document to the transferor are to be read as references to the transferee.

Commencement Information

I12Sch. 3 para. 12 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Incidental provisionE+W

13E+WA scheme may include supplementary, incidental, transitional and consequential provision.

Commencement Information

I13Sch. 3 para. 13 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources