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Criminal Justice and Court Services Act 2000
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- 2000 c. 43
- SCHEDULE 3
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Changes over time for: SCHEDULE 3
Version Superseded: 12/01/2004
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- 30/11/2000- Amendment
- 30/11/2000
Point in time - 12/01/2004- Amendment
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Criminal Justice and Court Services Act 2000, SCHEDULE 3 is up to date with all changes known to be in force on or before 30 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 19.
SCHEDULE 3E+W Transfer of property
This schedule has no associated Explanatory Notes
Commencement Information
I1Sch. 3: s. 19 (which induces Sch. 3) wholly in force at Royal Assent; Sch. 3 expressed to be bought into force at 1.4.2001 by S.I. 2001/919, art. 2(e)
1E+WA scheme may, in particular—
(a)provide for the creation of rights or interests, or the imposition of liabilities or conditions, in relation to property transferred, or rights or interests acquired, by virtue of the scheme,
(b)provide for any property, liabilities or conditions to be determined under the scheme.
2(1)A scheme is to have effect in relation to any property or liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities.E+W
(2)A right of pre-emption, right of reverter or other similar right is not to operate or become exercisable as a result of any transfer of property by virtue of the scheme.
(3)In the case of such a transfer, any such right is to have effect as if the transferee were the same person in law as the transferor and as if no transfer of the property had taken place.
3(1)Such compensation as is just is to be paid to any person in respect of any right which would, apart from paragraph 2, have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of that paragraph, cannot subsequently operate in his favour or (as the case may be) become exercisable by him.E+W
(2)Any compensation payable by virtue of sub-paragraph (1) is to be paid by the transferor or by the transferee or by both.
(3)A scheme may provide for the determination of any disputes as to whether and, if so, how much, compensation is payable by virtue of sub-paragraph (1) and as to the person to whom or by whom it is to be paid.
4E+WParagraphs 2 and 3 apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property; and references to the transferor and transferee are to be read accordingly.
5E+WA certificate issued by the appropriate Minister that any property or liability has, or has not, been transferred by virtue of a scheme is conclusive evidence of the transfer or (as the case may be) the fact that there has not been a transfer.
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