F1Part 7AHousing F2and regeneration
Words in Pt. 7A heading inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 187(2), 240(2); S.I. 2012/57, art. 4(1)(v) (with arts. 6, 7, 9-11)
F3The London housing strategy
S. 333A cross-heading inserted (3.5.2012) by Localism Act 2011 (c. 20), ss. 188(1), 240(2); S.I. 2012/1008, art. 3(a) (with arts. 7, 9-11)
333DBF4Further provisions about transfer schemes
1
A transfer scheme may—
a
create for the transferor interests in, or rights over, property transferred by virtue of the scheme,
b
create for a transferee interests in, or rights over, property retained by the transferor or transferred to another transferee,
c
create rights or liabilities between the transferor and a transferee or between transferees.
2
A transfer scheme may provide for the transfer of property, rights or liabilities that would not otherwise be capable of being transferred or assigned.
3
In particular, a transfer scheme may provide for the transfer to take effect regardless of a contravention, liability or interference with an interest or right that would otherwise exist by reason of a provision having effect in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.
4
It does not matter whether the provision referred to in subsection (3) has effect under an enactment or an agreement or in any other way.
5
A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a transfer scheme is conclusive evidence for all purposes of that fact.
6
A transfer scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by it.
7
A transfer by virtue of a transfer scheme does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.
8
Anything which—
a
is done by the transferor for the purposes of, or otherwise in connection with, anything transferred by virtue of a transfer scheme, and
b
is in effect immediately before the transfer date,
is to be treated as done by the transferee.
9
There may be continued by or in relation to the transferee anything (including legal proceedings)—
a
which relates to anything transferred by virtue of a transfer scheme, and
b
which is in the process of being done by or in relation to the transferor immediately before the transfer date.
10
Subsection (11) applies to any document—
a
which relates to anything transferred by virtue of a transfer scheme, and
b
which is in effect immediately before the transfer date.
11
Any references in the document to the transferor are to be read as references to the transferee.
12
A transfer scheme may include supplementary, incidental, transitional and consequential provision.
13
In this section—
“enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978;
“transfer scheme” means a transfer scheme under section 333DA;
“transfer date” means a date specified by a transfer scheme as the date on which the scheme is to have effect.
Pt. 7A inserted (E.W.) (23.12.2007) by Greater London Authority Act 2007 (c. 24), ss. 28(4), 59(5)