The Secretary of State may exercise the power in sub-paragraph (2) in connection with the making of an order under section 46 providing for a person (“the transferee”) to carry out EMR functions in place of another person (“the transferor”).

The Secretary of State may make one or more schemes for the transfer of designated property, rights or liabilities of the transferor to the transferee.

On the transfer date, the designated property, rights and liabilities are transferred and vest in accordance with the scheme.

The rights and liabilities that may be transferred by a scheme include those arising under or in connection with a contract of employment.

A 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.

In this Schedule—

• “designated”, in relation to a scheme, means specified in or determined in accordance with the scheme;

• “EMR functions” has the same meaning as in section 46;

• “property” includes interests of any description;

• “the transfer date” means a date specified by a scheme as the date on which the scheme is to have effect.