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39(1)Any provision which imposes a prohibition (whether absolute or qualified) on the transfer of any property or rights of a milk marketing board, or of a subsidiary of such a board, shall be treated as not applying in the case of a transfer under section 11 above.
(2)Sub-paragraph (1) above shall not apply in the case of a provision which is formulated specifically with reference to the possibility of the undertaking of a milk marketing board being transferred otherwise than to a board constituted by a scheme under Part I of [1958 c. 47.] the Agricultural Marketing Act 1958.
(3)For the purposes of this paragraph, any provision which has the effect of penalising a transfer shall be treated as prohibiting it.
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