London Olympic Games and Paralympic Games Act 2006

Section 8

SCHEDULE 2 Transfer Schemes

Introduction

1 In this Schedule—

• “the Authority” means the Olympic Delivery Authority,

• “transfer scheme” means a scheme under section 8, and

• “specified person” means a person specified in section 8(3).

Obligation to assist Secretary of State

2 The Authority and the specified persons shall on request give the Secretary of State information or assistance in connection with a direction to prepare a transfer scheme which the Secretary of State has given or may give.

Content of transfer scheme

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

(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.

4 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).

5 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.

6 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.

7 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.

Exclusions

8 (1) Transfer of property, rights or liabilities under a transfer scheme shall be disregarded for the purposes of a provision of a contract or other instrument which refers to transfer or disposal (whether so as to confer a right to terminate or vary or otherwise).

(2) Nothing in a transfer scheme shall give rise, in relation to land or an interest or estate in land or other property, to any of the following—

(a) a right of reverter,

(b) a right of pre-emption,

(c) a right of forfeiture,

(d) a right to compensation, or

(e) an option or similar right.

9 Nothing in a transfer scheme relating to rights in connection with a contract of employment shall affect the operation of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794).

Modification of scheme

10 (1) This paragraph applies where—

(a) a specified person has made a transfer scheme, but

(b) a transfer under the scheme has not yet taken effect.

(2) The Secretary of State may—

(a) require the specified person to modify the transfer scheme, in so far as it relates to the transfer, in such manner as the Secretary of State may specify,

(b) specify the date by which the modified scheme is to be prepared and submitted to the Secretary of State, and

(c) specify a date on which the modified scheme is to take effect if approved by the Secretary of State.

(3) The Secretary of State may not require a specified person to modify a scheme unless—

(a) he has consulted any person whom he thinks may be affected by the modification, and

(b) the Mayor of London consents.