Meg Munn (Parliamentary Under-Secretary, Department of Trade and Industry; Sheffield, Heeley, Labour)

The clause provides for the effects of a transfer scheme. Under clause 37, property that is transferred from an existing commission to CEHR will vest in CEHR once the scheme comes into force. From that point, any action undertaken by an existing commission immediately prior to the transfer date or any action that is in the process of being undertaken, such as legal proceedings started by one of the existing   commissions, will continue as if instigated by the CEHR. Agreements made by an existing commission prior to transfer will have the same effect as if they were made by the CEHR. The CEHR will thus have the same status in law as the commission from which the transfer was made.

Subsection (4) ensures that all property, rights or liabilities can be transferred to the CEHR or another specified person, whether or not they would normally be able to be transferred. It also removes the need for consent to be obtained to the transfer.

Subsection (5) pertains to the staff of the existing commissions. We have already made a commitment that all staff transferring to the CEHR will do so with the full protection of the TUPE regulations. The provisions in the clause will in effect safeguard the existing terms and conditions of those staff that transfer and will ensure that their period of employment continues with the new commission without being counted as a break in service for employment or pension rights. We are aware that a transition of the kind in question will always give rise to concerns and uncertainty among staff, but we hope that our assurance that TUPE will apply to the transfer, and that we are committed to a well managed, open and transparent transition, will go some way towards minimising some of those fears.