Modifications etc. (not altering text)
C1Sch. 7 restricted (18.12.1996) by 1996 c. 61, s. 19(7)
2(1)The existing appointee, acting with the consent of the new appointee and, in relation to the matters affecting them, of any other appointees, may make a scheme under this Schedule for the transfer of property, rights and liabilities from the existing appointee to the new appointee.
(2)A scheme under this Schedule shall not take effect unless it is approved by the Secretary of State or, in a case where the existing appointee is a protected railway company by virtue of section 59(6)(a)(i) of this Act, by the [F1Authority].
(3)Where a scheme under this Schedule is submitted to the Secretary of State or the [F2Authority for approval, the Secretary of State or Authority] may, with the consent of the new appointee, of the existing appointee and, in relation to the matters affecting them, of any other appointees, modify the scheme before approving it.
(4)If at any time after a scheme under this Schedule has come into force in relation to the property, rights and liabilities of any company the Secretary of State considers it appropriate to do so and the existing appointee, the new appointee and, in relation to the provisions of the order which affect them, any other appointees consent to the making of the order, the Secretary of State may by order provide that that scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the order.
(5)An order under sub-paragraph (4) above may make, with effect from the coming into force of the scheme to which it relates, any such provision as could have been made by the scheme and, in connection with giving effect to that provision from that time, may contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
(6)In determining, in accordance with his duties under Part I of this Act, whether and in what manner to exercise any power conferred on him by this paragraph the Secretary of State or the [F3Authority], shall have regard to the need to ensure that any provision for the transfer of property, rights and liabilities in accordance with a scheme under this Schedule allocates property, rights and liabilities to the different companies affected by the scheme in such proportions as appear to [F4the Secretary of State or Authority] to be appropriate in the context of the different relevant activities of the existing appointee which will, by virtue of this Act, be carried out at different times on and after the relevant date by the new appointee, by the existing appointee and by any other appointees.
(7)It shall be the duty of the new appointee, of the existing appointee and of any other appointees to provide the Secretary of State or, in a case where the existing appointee is a protected railway company by virtue of section 59(6)(a)(i) of this Act, the [F5Authority] with all such information and other assistance as [F6the Secretary of State or Authority] may reasonably require for the purposes of, or in connection with, the exercise of any power conferred F7. . . by this paragraph.
(8)Without prejudice to the other provisions of this Act relating to the special railway administrator of a company, anything which is required by this paragraph to be done by a company shall, where that company is a company in relation to which a railway administration order is in force, be effective only if it is done on the company’s behalf by its special railway administrator.
Textual Amendments
F1Words in Sch. 7 para. 2(2) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 54(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115)
F2Words in Sch. 7 para. 2(3) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 54(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115)
F3Words in Sch. 7 para. 2(6) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 54(4)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115)
F4Word in Sch. 7 para. 2(6) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 54(4)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115)
F5Word in Sch. 7 para. 2(7) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 54(5)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115)
F6Words in Sch. 7 para. 2(7) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 54(5)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115)
F7Words in Sch. 7 para. 2(7) omitted (1.2.2001) and repealed (prosp.) by 2000 c. 38, ss. 215, 274, Sch. 16 para. 54(5)(c), Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115)
Modifications etc. (not altering text)
C2Sch. 7 para. 2 modified (18.12.1996) by 1996 c. 61, s. 19(6)