12(1)If at any time after a transfer scheme has come into force—E+W+S
(a)the transferor,
(b)any transferee affected, and
(c)Transport for London, if not falling within paragraph (a) or (b) above,
so agree in writing, the scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the agreement.
(2)Sub-paragraph (1) above does not apply in relation to modifications relating to the transfer of rights and liabilities under a contract of employment, unless the employee concerned is a party to the agreement.
(3)An agreement under sub-paragraph (1) above—
(a)may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme; and
(b)in connection with giving effect to that provision from that time, may contain incidental, supplemental, consequential or transitional provision.
(4)Transport for London may only enter into an agreement under sub-paragraph (1) above with the consent of the Mayor.
(5)The Mayor, in giving his consent under sub-paragraph (4) above to an agreement in respect of a scheme under section 165 of this Act, may make it a condition of the consent that such further modifications to the scheme as he may specify in giving the consent are to be included in the agreement.
(6)No modification may be specified by the Mayor under sub-paragraph (5) above which could not have been included in the agreement apart from that sub-paragraph.