Construction of agreements etcU.K.
16(1)This paragraph applies if—U.K.
(a)a transfer scheme provides for the transfer of property, rights or liabilities from a transferor to a transferee, and
(b)immediately before the coming into force of the scheme the transferor was entitled or subject to the property, rights or liabilities under an agreement to which he was then a party.
(2)This paragraph applies—
(a)whether or not the agreement is in writing;
(b)whether or not the transferor could assign the property, rights or liabilities.
(3)So far as the agreement relates to the property, rights or liabilities transferred to the transferee, as respects anything falling to be done after the coming into force of the scheme the agreement is to have effect as if—
(a)the transferee had been a party to it instead of the transferor;
(b)a reference to the transferor were a reference to the transferee;
(c)a reference to a person employed by (or engaged in the business of) the transferor and holding a specified office or serving in a specified capacity were a reference to such a person as the transferee may appoint or, in default of appointment, to a person with corresponding functions who is employed by (or engaged in the business of) the transferee;
(d)a reference in general terms to persons employed by, persons engaged in the business of, or agents of, the transferor were a reference to persons employed by, persons engaged in the business of, or agents of, the transferee.
(4)A reference mentioned in sub-paragraph (3)(b) or (c) may be express or implied; and if express it is immaterial how it is worded.
(5)It is immaterial how a reference mentioned in sub-paragraph (3)(d) is worded.
Commencement Information
I1Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
17(1)This paragraph applies if—U.K.
(a)a transfer scheme provides for the transfer of property, rights or liabilities from a transferor to a transferee, and
(b)immediately before the coming into force of the scheme any provision of an agreement to which the transferor was not a party, any statutory provision or any provisions of a document (other than an agreement) related to the property, rights or liabilities transferred to the transferee.
(2)This paragraph applies—
(a)whether or not the agreement mentioned in sub-paragraph (1)(b) is in writing;
(b)whether or not the transferor could assign the property, rights or liabilities.
(3)So far as the agreement, provision or document relates to the property, rights or liabilities transferred to the transferee, as respects anything falling to be done after the coming into force of the scheme the agreement, provision or document is to have effect as if—
(a)a reference to the transferor were a reference to the transferee;
(b)a reference to a person employed by (or engaged in the business of) the transferor and holding a specified office or serving in a specified capacity were a reference to such a person as the transferee may appoint or, in default of appointment, to a person with corresponding functions who is employed by (or engaged in the business of) the transferee;
(c)a reference in general terms to persons employed by, persons engaged in the business of, or agents of, the transferor were a reference to persons employed by, persons engaged in the business of, or agents of, the transferee.
(4)A reference mentioned in sub-paragraph (3)(a) or (b) may be express or implied; and if express it is immaterial how it is worded.
(5)It is immaterial how a reference mentioned in sub-paragraph (3)(c) is worded.
(6)A reference mentioned in sub-paragraph (3) to the transferor may be a general reference to a class of persons of which the transferor is one (without the transferor being named).
(7)For the purposes of this paragraph a statutory provision is a provision contained in an Act or in a document made or issued under an Act; and here “Act” includes a private or local Act.
Commencement Information
I2Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)