Version Superseded: 01/12/2006
Point in time view as at 05/07/2004.
Transport Act 2000, Cross Heading: Contents of transfer scheme is up to date with all changes known to be in force on or before 07 March 2025. 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.
32(1)The property, rights and liabilities which may be transferred by a transfer scheme include property, rights and liabilities that would not otherwise be capable of being transferred or assigned.E+W+S
(2)The transfers authorised by sub-paragraph (1) include transfers which are to take effect as if there were no such contravention, liability or interference with any interest or right as there would otherwise be by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.
33E+W+SA transfer scheme may define the property, rights and liabilities to be transferred to the Authority by specifying them or describing them or by referring to all (or all except anything specified or described) of the property, rights and liabilities comprised in a specified part of the undertaking of the [F1Office of Rail Regulation] (or partly in one way and partly in the other).
Textual Amendments
F1Words in Sch. 17 Pt. III substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 19(t)(v); S.I. 2004/827, art. 4(g)
34E+W+SA transfer scheme may contain provision—
(a)for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the [F1Office of Rail Regulation],
(b)for the creation in favour of the Authority of an interest in or right over, property retained by the [F1Office of Rail Regulation],
(c)for the creation of rights and liabilities as between the Authority and the [F1Office of Rail Regulation], or
(d)for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against the Authority.
Textual Amendments
F1Words in Sch. 17 Pt. III substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 19(t)(v); S.I. 2004/827, art. 4(g)
35E+W+SA transfer scheme may make such supplementary, incidental and consequential provision as the Secretary of State considers appropriate.
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