Any provision which imposes a prohibition (whether absolute or qualified) on the transfer of any property or rights of the Board shall be treated as not applying in the case of a transfer under section 35 above.

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 the Board being transferred otherwise than to a board constituted by a scheme under Part I of the M1Agricultural Marketing Act 1958.

For the purposes of this paragraph, any provision which has the effect of penalising a transfer shall be treated as prohibiting it.