SCHEDULES

SCHEDULE 5 General Transitional Provisions and Savings

Part II Provisions and Savings Coming into Force on Transfer Date

36

1

Except as otherwise provided by the foregoing provisions of this Part of this Schedule (whether expressly or by necessary implication), any agreement made, transaction effected or other thing done by, to or in relation to British Telecommunications which is in force or effective immediately before the transfer date shall have effect as from that date as if made, effected or done by, to or in relation to the successor company, in all respects as if the successor company were the same person, in law, as British Telecommunications, and accordingly references to British Telecommunications—

a

in any agreement (whether or not in writing) and in any deed, bond or instrument;

b

in any process or other document issued, prepared or employed for the purpose of any proceeding before any court or other tribunal or authority; and

c

in any other document whatsoever (other than an enactment) relating to or affecting any property, right or liability of British Telecommunications which vests by virtue of section 60 of this Act in the successor company,

shall be taken as from the transfer date as referring to the successor company.

2

Nothing in sub-paragraph (1) above shall be taken as applying in relation to the deed of covenant by virtue of which the excepted liabilities subsist.