(1)An order under F1... section 109 (establishment of the Health Research Authority) (a “transfer order”) may make provision for rights and liabilities relating to an individual's contract of employment.
(2)A transfer order may, in particular, make provision the same as or similar to provision in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
(3)A transfer order may provide for the transfer of property, rights or liabilities—
(a)whether or not they would otherwise be capable of being transferred;
(b)irrespective of any requirement for consent that would otherwise apply.
(4)A transfer order may create rights, or impose liabilities, in relation to property, rights or liabilities transferred.
(5)A transfer order may provide for things done by or in relation to the transferor for the purposes of or in connection with anything transferred to be—
(a)treated as done by or in relation to the transferee or its employees;
(b)continued by or in relation to the transferee or its employees.
(6)A transfer order may in particular make provision about continuation of legal proceedings.
Textual Amendments
F1Words in s. 118(1) omitted (1.4.2023) by virtue of The Health Education England (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/368), reg. 1(2), Sch. 1 para. 13(12) (with reg. 7)
Commencement Information
I1S. 118 in force at 1.10.2014 by S.I. 2014/2473, art. 4(2)(b)
(1)For the purposes of Chapters 1 and 2, an expression in the first column of the following table is defined or otherwise explained by the provision of this Act specified in the second column.
| Expression | Provision |
|---|---|
| F2. . . | F2. . . |
| F2. . . | F2. . . |
| Devolved authority | Section 126 |
| Devolved legislature | Section 126 |
| Direct or direction | Subsection (2) below |
| Enactment | Section 126 |
| Financial year | Section 126 |
| Health care workers | Section 97 |
| Health research | Section 110 |
| The health service | Section 126 |
| Health services | [F3Section 99] |
| F4. . . | F4. . . |
| The HRA | Section 109 |
| F2. . . | F2. . . |
| Social care research | Section 110 |
(2)A power under Chapter 1 or 2 to give a direction—
(a)includes a power to vary or revoke the direction by a subsequent direction, and
(b)must be exercised by giving the direction in question in writing.
(3)The amendments made by sections 116 and 117 and Schedule 8 to provisions of subordinate legislation do not affect the power to make further subordinate legislation amending or revoking the amended provisions.
Textual Amendments
F2Words in s. 119(1) table omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 90(6), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3Words in s. 119(1) table substituted (1.4.2023) by The Health Education England (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/368), reg. 1(2), Sch. 1 para. 13(13)(a) (with reg. 7)
F4Words in s. 119(1) table omitted (1.4.2023) by virtue of The Health Education England (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/368), reg. 1(2), Sch. 1 para. 13(13)(b) (with reg. 7)
Commencement Information
I2S. 119 in force at 1.10.2014 for specified purposes for E. by S.I. 2014/2473, art. 4(1)(e)
I3S. 119 in force at 1.1.2015 for specified purposes by S.I. 2014/2473, art. 5(j)
I4S. 119 in force at 1.4.2015 in so far as not already in force by S.I. 2014/3186, art. 2(e)