SCHEDULES

SCHEDULE 2U.K.Transfer Schemes

Content of transfer schemeU.K.

3(1)A transfer scheme may, in particular, make provision in connection with land.U.K.

(2)In particular, a transfer scheme may—

(a)require the grant of an estate, interest or right;

(b)require the creation of an estate, interest or right for the purpose of being transferred;

(c)provide for transfer on financial or other terms;

(d)impose liabilities on the Authority;

(e)impose liabilities on the transferor.

4U.K.A transfer scheme—

(a)may transfer property, rights or liabilities whether or not they would otherwise be capable of being transferred,

(b)may transfer rights and liabilities under an enactment, and

(c)may dispense with a requirement for consent (whether arising for an enactment, an instrument or an agreement).

Commencement Information

I2Sch. 2 para. 4 in force at 30.5.2006 by S.I. 2006/1118, art. 2(2)

5U.K.In specifying property, rights or liabilities to be transferred a transfer scheme—

(a)may use any manner of description (which may include reference to criteria specified in the scheme or to be determined in accordance with the scheme),

(b)may provide for exceptions, and

(c)may provide for the division of property, rights and liabilities in a manner specified in the scheme or to be determined in accordance with the scheme.

Commencement Information

I3Sch. 2 para. 5 in force at 30.5.2006 by S.I. 2006/1118, art. 2(2)

6U.K.A transfer scheme may make provision—

(a)for the resolution of disputes as to the effect of the scheme to be referred to arbitration, and

(b)for a certificate given by an arbitrator as to the effect of the transfer scheme to be conclusive.

Commencement Information

I4Sch. 2 para. 6 in force at 30.5.2006 by S.I. 2006/1118, art. 2(2)

7U.K.A transfer scheme may make consequential, incidental or transitional provision and may, in particular—

(a)provide for anything done by or in relation to a specified person to have effect as if done by or in relation to the Authority,

(b)permit anything (which may include legal proceedings) which is in the process of being done by or in relation to a specified person when a provision of a transfer scheme takes effect, to have effect as if done by or in relation to the Authority, and

(c)may provide for a reference to a specified person in an agreement (whether written or not), instrument or other document to be treated as a reference to the Authority.

Commencement Information

I5Sch. 2 para. 7 in force at 30.5.2006 by S.I. 2006/1118, art. 2(2)