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Export and Investment Guarantees Act 1991

Status:

This is the original version (as it was originally enacted).

Section 8.

SCHEDULEScheme of transfer: Supplementary provisions

Certificate of vesting

1A certificate by the Secretary of State that anything specified in the certificate has vested on any day in any person by virtue of a scheme under section 8 of this Act shall be conclusive evidence for all purposes of that fact.

Construction of agreements etc.

2(1)This paragraph applies to any agreement made, transaction effected or other thing (not contained in an enactment) which—

(a)has been made, effected or done by, to or in relation to the Secretary of State,

(b)relates to any property, right or liability transferred from the Secretary of State in accordance with the scheme, and

(c)is in force or effective immediately before the day on which the scheme comes into force.

(2)The agreement, transaction or other thing shall have effect on and after that day as if made, effected or done by, to or in relation to the transferee.

(3)Accordingly, references to the Secretary of State which relate to or affect any property, right or liability of the Secretary of State vesting by virtue of the scheme in the transferee and which are contained—

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

(b)in any process or other document issued, prepared or employed for the purpose of any proceeding before a court or other tribunal or authority, or

(c)in any other document whatever (other than an enactment) relating to or affecting any property, right or liability of the Secretary of State which vests by virtue of the scheme in the transferee,

shall be taken on and after that day to refer to the transferee.

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