The Roads (Northern Ireland) Order 1993

Article 27(2).

SCHEDULE 2 SUPPLEMENTARY PROVISIONS AS TO TERMINATION OF CONCESSION

Introductory

1.  The provisions of this Schedule apply in relation to the transfer of property, rights and liabilities to the Department on the termination of a concession agreement (referred to below as “the ending of the concession”).

Property to vest free from security rights

2.—(1) Property vesting in the Department shall do so free from any mortgage, charge, lien or other security to which it was subject immediately before the ending of the concession.

(2) This does not affect the liability secured.

Recovery of property taken in pursuance of legal process

3.—(1) Where before the ending of the concession possession of any property vesting in the Department has been taken in pursuance of any legal process, the Department may recover it from any person in possession of it without being required to discharge the liability in respect of which the process was issued.

(2) This does not affect the liability in respect of which the process was issued.

Validity of previous discharge of liabilities

4.  Where a liability has been discharged before the ending of the concession which if it had subsisted immediately before the ending of the concession would have fallen to be transferred to the Department, nothing in the Insolvency (Northern Ireland) Order 1989(1)—

(a) affects the validity of anything done by the concessionaire or any other person in discharging the liability;

(b) authorises a court to make an order affecting the property of, or imposing an obligation on, any person in consequence of or in connection with the receipt by him or by any other person of a payment made, property transferred or other benefit provided by the concessionaire or any other person in discharging that liability; or

(c) shall be treated as giving rise to a trust affecting money or property so transferred.

Property subject to covenants, conditions or restrictions

5.  Except as provided by paragraph 2, property vesting in the Department shall be held by the Department subject to all covenants, conditions and restrictions subject to which the property was held by the concessionaire.

Transfer of agreements, etc.

6.—(1) Subject to the concession agreement and to paragraph 2, all agreements and other transactions entered into or effected by the concessionaire and subsisting immediately before the ending of the concession, in so far as they relate to property, rights or liabilities transferred to the Department shall have effect with the substitution of the Department for the concessionaire.

(2) Accordingly—

(a) such an agreement or transaction may be enforced by or against the Department; and

(b) references to the concessionaire in an agreement (whether or not in writing) and in a deed, bond or other instrument or document, so far as relating to the property, rights or liabilities mentioned above shall be taken after the ending of the concession as referring to the Department.

Legal or other proceedings

7.—(1) Subject to the concession agreement, all legal or other proceedings begun before the ending of the concession and relating to property, rights or liabilities transferred to the Department, other than proceedings for enforcing a security from which the property is released by virtue of paragraph 2, may be carried on with the substitution of the Department for the concessionaire.

(2) Such proceedings may be amended in such manner as may be necessary for that purpose.

Transfer of employees

8.  For the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 1981(2), or any regulations replacing those regulations, the concessionaire shall be treated as transferring to the Department an undertaking which, if a new concessionaire is appointed, the Department shall be treated as then transferring to the new concessionaire.

(1)

1989 NI 19

(2)

SI 1981/1794