Moved by
Lord Bourne of Aberystwyth
3: After Clause 2, insert the following new Clause—
“Transfer of property, rights and liabilities to the OGA
(1) The Secretary of State may make one or more transfer schemes transferring qualifying property, rights and liabilities of a Minister of the Crown to the OGA.
(2) A scheme made under this section may, in particular, make provision—
(a) for anything done by or in relation to a Minister of the Crown in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the OGA;
(b) for references to a Minister of the Crown in any agreement (whether written or not), instrument or other document relating to property, rights or liabilities transferred by the scheme to be treated as references to the OGA;
(c) about the continuation of legal proceedings;
(d) for transferring property, rights or liabilities which could not otherwise be transferred or assigned;
(e) for transferring property, rights or liabilities irrespective of any requirement for consent which would otherwise apply;
(f) for preventing a right of pre-emption, right of reverter, right of forfeiture, right to compensation or other similar right from arising or becoming exercisable as a result of the transfer of property, rights or liabilities;
(g) for dispensing with any formality in relation to the transfer of property, rights or liabilities by the scheme;
(h) for transferring property acquired, or rights or liabilities arising, after the scheme is made but before it takes effect;
(i) for apportioning property, rights or liabilities;
(j) for creating rights, or imposing liabilities, in connection with property, rights or liabilities transferred by the scheme;
(k) for requiring the OGA to enter into any agreement of any kind, or for a purpose, specified in or determined in accordance with the scheme.
(3) Subsection (2)(b) does not apply to references in an enactment or a relevant authorisation.
(4) In this section—
“property” includes interests of any description, and
“qualifying property, rights and liabilities” means property held, and rights and liabilities arising, in connection with functions which were functions of a Minister of the Crown and as a result of this Act have or are to become functions of the OGA, but does not include rights and liabilities relating to an individual’s employment in the civil service of the State.”
4: After Clause 2, insert the following new Clause—
“Transfer of staff to the OGA
(1) The Secretary of State may make one or more transfer schemes under which persons who hold employment in the civil service of the State become employees of the OGA (but this is subject to any provision contained in the scheme that allows a person to object to becoming an employee of the OGA).
(2) A scheme made under this section—
(a) may make provision for giving full effect for a person’s transfer into the employment of the OGA as a result of the scheme, and
(b) may (in particular) include provision that is the same as, or similar to, the provision made by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) (whether or not those regulations would otherwise apply in relation to the transfer).”
5: After Clause 2, insert the following new Clause—
“Transfer schemes: supplementary
(1) A scheme made under section (Transfer of property, rights and liabilities to the OGA) or (Transfer of staff to the OGA) may—
(a) contain incidental, supplementary and consequential provision;
(b) make transitory or transitional provision or savings;
(c) make different provision for different purposes;
(d) make provision subject to exceptions.
(2) Subject to subsection (3), the Secretary of State may modify a scheme made under section (Transfer of property, rights and liabilities to the OGA) or (Transfer of staff to the OGA).
(3) If a transfer under the scheme has taken effect, any modification under subsection (2) that relates to the transfer may be made only with the agreement of the person (or persons) affected by the modification.
(4) A modification takes effect from such date as the Secretary of State may specify; and that date may be the date when the original scheme came into effect.”
6: After Clause 2, insert the following new Clause—
“Pensions
(1) The persons to whom section 1 of the Superannuation Act 1972 (persons to or in respect of whom benefits may be provided by schemes under that section) applies are to include the employees of the OGA.
(2) Accordingly, in Schedule 1 to that Act (employment to which superannuation schemes may extend), in the list of other bodies, at the appropriate place insert—
“The Oil and Gas Authority.”
(3) The employees of the OGA are to be treated for the purposes of paragraph (1)(b) of regulation 3 of the Public Service (Civil Servants and Others) Pensions Regulations 2014 (S.I. 2014/1964) as persons—
(a) to whom the scheme established under that regulation may potentially relate by virtue of paragraph (2) of that regulation, and
(b) in respect of whom the Minister for the Civil Service has made a determination under section 25(5) of the Public Service Pensions Act 2013.
(4) The OGA must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to this section in the sums payable out of money provided by Parliament under the Superannuation Act 1972 and the Public Service Pensions Act 2013.”