Environmental Protection Act 1990

Contents of schemes E+W+S

4 A transfer scheme may—

(a) define the property, rights and liabilities to be allocated to a particular new Council by specifying or describing them or by referring to all the property, rights and liabilities comprised in a specified part of the undertaking of the Nature Conservancy Council (or partly in one way and partly in the other);

(b) create in favour of a new Council—

(i) an interest in or right over property transferred in accordance with the scheme (or any earlier scheme) to another new Council;

(ii) new rights and liabilities as between that Council and the others;

(c) provide that any rights or liabilities specified or described in the scheme shall, or shall to any extent, be enforceable either by or against each of the new Councils or by or against any two of the new Councils which are so specified;

(d) require a new Council to enter into written agreements with, or execute other instruments in favour of, another new Council;

and a scheme may make such supplemental, incidental and consequential provision as the Nature Conservancy Council considers appropriate (including provision as to the order in which transfers or transactions are to be regarded as having occurred).

5 For the avoidance of doubt property, rights and liabilities of the Nature Conservancy Council may be allocated to a new Council notwithstanding—

(a) that they would not, or would not without the consent or concurrence of another person, otherwise be capable of being transferred or assigned;

(b) that, in the case of foreign property, steps must be taken by the Council to secure its effective vesting under the relevant foreign law.