SCHEDULES

I1SCHEDULE 8 The Development Commission: transfer schemes

Annotations:
Commencement Information
I1

Sch. 8 in force for certain purposes at 25.11.1998 by S.I. 1998/2952, art. 2(2)

Contents of scheme

4

1

The property, rights and liabilities which may be transferred by a transfer scheme include property, rights and liabilities that would not otherwise be capable of being transferred or assigned.

2

The transfers authorised by sub-paragraph (1) include transfers which are to take effect as if there were no such contravention, liability or interference with any interest or right as there would otherwise be by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.

5

A transfer scheme may define the property, rights and liabilities to be allocated to a regional development agency by specifying or describing them or by referring to all the property, rights and liabilities comprised in a specified part of the undertaking of the Commission (or partly in one way and partly in the other).

6

A transfer scheme may also contain provision—

a

for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the Commission;

b

for the creation in favour of a regional development agency of—

i

an interest in or right over property retained by the Commission, or

ii

an interest in or right over property which the scheme transfers to another regional development agency;

c

for the creation of any rights or liabilities as between two or more of the regional development agencies, or as between one or more of them and the Commission;

d

for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against two or more of the regional development agencies, or by or against one or more of them and the Commission;

e

for imposing on any two or more of the regional development agencies, or on one or more of them and the Commission, an obligation to enter into written agreements with, or execute other instruments in favour of, each other.

7

A transfer scheme may make such supplemental, incidental and consequential provision as the Commission considers appropriate.