Water Industry Act 1991

5 (1) A scheme under this Schedule may contain supplemental, consequential and transitional provision for the purposes of, or in connection with, the provision for the transfers or any other provision made by the scheme. U.K.

(2) Without prejudice to the generality of sub-paragraph (1) above, a scheme under this Schedule may provide—

(a) that for purposes connected with any transfers made in accordance with the scheme (including the transfer of rights and liabilities under an enactment) the new appointee is to be treated as the same person in law as the existing appointee;

(b) that, so far as may be necessary for the purposes of or in connection with any such transfers, agreements made, transactions effected and other things done by or in relation to the existing appointee are to be treated as made, effected or done by or in relation to the new appointee;

(c) that, so far as may be necessary for the purposes of or in connection with any such transfers, references in any agreement (whether or not in writing) or in any deed, bond, instrument or other document to, or to any officer of, the existing appointee are to have effect with such modifications as are specified in the scheme;

(d) that proceedings commenced by or against the existing appointee are to be continued by or against the new appointee;

(e) that the effect of any transfer under the scheme in relation to contracts of employment with the existing appointee is not to be to terminate any of those contracts but is to be that periods of employment with the existing appointee are to count for all purposes as periods of employment with the new appointee;

(f) that disputes as to the effect of the scheme between [F1 —

(i) the existing appointee and the new appointee or new owner,

(ii) a person referred to in sub-paragraph (i) and any other appointee or new owner of any other appointee, or

(iii) different companies which are other appointees or new owners of other appointees,]

are to be referred to such arbitration as may be specified in or determined under the scheme;

(g) that determinations on such arbitrations and certificates given jointly by two or more such [F2 persons] as are mentioned in paragraph (f) above as to the effect of the scheme as between the companies giving the certificates are to be conclusive for all purposes.

[F3 (3) In a case specified in paragraph 1(3A) above—

(a) sub-paragraph (2) above shall have effect as if—

(i) any reference to the existing appointee were a reference to the transferor;

(ii) any reference to the new appointee were a reference to the transferee; and

(iii) any reference to any other appointee or appointees were a reference to any other relevant company or companies; and

(b) paragraph (g) of that sub-paragraph shall have effect as if the reference to two or more such [F4 persons] as are mentioned in paragraph (f) of that sub-paragraph were a reference to two or more such persons as are mentioned in that paragraph (as it has effect by virtue of paragraph (a) above).]

Textual Amendments

F1 Sch. 2 para. 5(2)(f)(i)-(iii) substituted for words (23.2.2024) by The Water Industry Act 1991 (Amendment) Order 2024 (S.I. 2024/204), arts. 1(2), 7(2)

F2 Word in Sch. 2 para. 5(2)(g) substituted (23.2.2024) by The Water Industry Act 1991 (Amendment) Order 2024 (S.I. 2024/204), arts. 1(2), 7(3)

F3 Sch. 2 para. 5(3) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 51(9); S.I. 2005/2714, art. 3(c) (with Sch. para. 8)

F4 Word in Sch. 2 para. 5(3)(b) substituted (23.2.2024) by The Water Industry Act 1991 (Amendment) Order 2024 (S.I. 2024/204), arts. 1(2), 7(4)

Modifications etc. (not altering text)

C1 Sch. 2 para. 5 applied (with modifications) (28.6.2013) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582), reg. 1(1)(b), Sch. 1 para. 3(3)(f) (with reg. 1(1)(c))

C2 Sch. 2 applied (with modifications) (28.6.2013) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582), reg. 1(1)(b), Sch. 1 para. 3(3)(a) (with reg. 1(1)(c))