SCHEDULES

SCHEDULE 6 Transfer schemes

Allocation

I11

1

Paragraphs 2 and 3 apply if the following two conditions are satisfied.

2

The first condition is that—

a

provision is made by a transfer scheme for the transfer to a transferee of a specified part of a transferor’s undertaking, or

b

provision is made by a transfer scheme (or transfer schemes) for the transfer to different transferees of different specified parts of a transferor’s undertaking.

3

The second condition is that any property, right or liability falls partly in one part of the undertaking and partly in another or others; and the parts of the undertaking are—

a

the part (or each part) transferred, and

b

if a part is retained by the transferor, that part.

4

In paragraphs 2 and 3 references to the parties are to—

a

the transferee or transferees concerned, and

b

the transferor (if he retains part of the undertaking).

5

Paragraphs 2 and 3 do not apply to rights or liabilities under a contract of employment.