SCHEDULES
C1SCHEDULE 2 Provisions as to Transfers of Property, Rights and Liabilities
Construction of agreements, statutory provisions and documents
8
Where in the case of any transfer to which this Schedule applies any rights or liabilities transferred are rights or liabilities under an agreement to which the transferor was a party immediately before the transfer date, whether in writing or not, and whether or not of such nature that rights and liabilities thereunder could be assigned by the transferor, that agreement shall have effect on and after the transfer date as if—
a
the transferee had been the party to the agreement;
b
for any reference (whether express or implied and, if express, however worded) to the transferor there were substituted, as respects anything falling to be done on or after the transfer date, a reference to the transferee;
c
any reference (whether express or implied and, if express, however worded) 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, as respects anything falling to be done on or after the transfer date, a reference to such person as the transferee may appoint or, in default of appointment, to a person employed by, or engaged in the business of, the transferee who corresponds as nearly as may be to the first-mentioned person;
d
any reference in general terms (however worded) to persons employed by, persons engaged in the business of, or agents of, the transferor were, as respects anything to be done on or after the transfer date, a reference to persons employed by, persons engaged in the business of, or agents of, the transferee;
e
where the agreement refers to property, rights or liabilities which fall to be apportioned or divided between the transferor and the transferee, the agreement constituted two separate agreements separately enforceable by and against the transferor and the transferee as regards the part of the property, rights or liabilities retained by the transferor or, as the case may be, the part thereof vesting in the transferee, and not as regards the other part;
and sub-paragraph (e) shall apply in particular to the covenants, stipulations and conditions of any lease by or to the transferor.
Sch. 2 modified by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 5 para. 41
Sch. 2 applied (with modifications) (26.3.2001) by S.I. 2001/1148, art. 20(1) (with art. 34)