9(1)For the purposes of this paragraph, a provision is a qualifying provision if—E+W+S
(a)it imposes an absolute prohibition on the effecting of any description of transaction, other than a transfer, with respect to any property or rights of the Board, and
(b)the prohibition which it imposes is imposed for purposes other than public purposes.
(2)Where an approved scheme—
(a)identifies a qualifying provision as one to which this paragraph applies, and
(b)if the scheme provides for there to be more than one transferee under section 35 above, specifies one of them as the body against which any claim under paragraph 10 below in relation to the identified provision is to be made,
that provision shall, subject to any provision of regulations under sub-paragraph (3)(c) below, be treated as not applying in the case of a transaction effected under the scheme.
(3)The Ministers may make regulations—
(a)with respect to the giving of notice of a provision of an approved scheme which identifies a qualifying provision as one to which this paragraph applies,
(b)with respect to the giving by the Ministers of a certificate of compliance in relation to the giving of notice under paragraph (a) above, and
(c)excluding sub-paragraph (2) above where no certificate of compliance under paragraph (b) above has been given at the time that a transaction is effected.
(4)Sub-paragraph (2) 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.
(5)For the purposes of this paragraph, any provision which has the effect of penalising the effecting of a description of transaction shall be treated as prohibiting it.
Marginal Citations