Further provision about function transfers 31 Transfers of staff (1) In connection with the transfer of a function from one person (“the original function holder”) to another (“the new function holder”), the Scottish Ministers may by regulations transfer individuals from the employment of the original function holder into the employment of the new function holder. (2) But regulations under subsection (1) may not transfer a person from the employment of a health board or a special health board into the employment of another person. (3) Regulations under subsection (1) may identify the staff to be transferred by name or description. (4) A transfer effected by virtue of subsection (1) is a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246). (5) In this section, a reference to the transfer of a function is to a transfer by virtue of a section in this Chapter. draft 2024-06-21 24 National Care Service (Scotland) Bill Part 1—The National Care Service Chapter 7—Final provisions for Part 1 32 Transfers of property and liabilities etc. (1) In connection with the transfer of a function from one person (“the original function holder”) to another (“the new function holder”), the Scottish Ministers may by regulations— (a) transfer to, and vest in, the new function holder any of the property (including rights) and liabilities of the original function holder, (b) provide that anything done by, or on behalf of, the original function holder is to be treated as having been done by, or on behalf of, the new function holder, (c) provide that any reference to the original function holder in a contract, deed or other document giving rise to a legal obligation, is to be read as a reference to the new function holder, (d) provide that any legal proceedings raised by, or against, the original function holder are to be continued by, or against the new function holder. (2) In this section, the reference to the transfer of a function is to a transfer by virtue of a section in this Chapter. 33 Interpretation of expressions about functional transfers (1) In this Chapter, a reference to— (a) transferring a function wholly is to transferring it so that it ceases to be exercisable for any purpose by the person on whom it was conferred before the transfer, (b) transferring a function partly is to transferring it so that for some purposes it is exercisable by the Scottish Ministers or a care board while for others it remains exercisable by the person on whom it was conferred before the transfer, (c) a function being conferred includes its being conferrable (for example by a court order), (d) transferring a function from person A to person B includes making a function that is conferrable on person A conferrable on person B. (2) In subsection (1)(a) and (b), a reference to a function’s being exercisable for a purpose includes its being conferrable for a purpose.