Part XII Supplementary Provisions

Transfers

408 Transfers of property, rights or liabilities.

(1)

A Minister of the Crown may by order make provision for or in connection with the transfer to any body or person falling within subsection (2) below of such property, rights or liabilities of a body or person falling within subsection (3) below as he may consider appropriate.

(2)

The bodies and persons falling within this subsection are—

(a)

the Authority;

(b)

any functional body;

(c)

any subsidiary of Transport for London;

(d)

London Regional Transport or any subsidiary of London Regional Transport;

(e)

any local authority or the Common Council;

(f)

any police authority established under section 3 of the M1Police Act 1996;

(g)

the London Transport Users’ Committee;

(h)

any Minister of the Crown or government department;

(i)

any body or person, or the holder of any office, established by or under this Act and not falling within the preceding paragraphs of this subsection.

(3)

The bodies and persons falling within this subsection are—

(a)

any Minister of the Crown or government department;

(b)

any London borough council or the Common Council;

(c)

London Regional Transport or any subsidiary of London Regional Transport;

(d)

any company all the shares in which are held by a Minister of the Crown;

(e)

the Receiver for the Metropolitan Police District;

(f)

the Commissioner of Police of the Metropolis;

F1(g)

Natural England;

F2(ga)

an urban development corporation for an urban development area all or part of which is in Greater London;

(gb)

the Olympic Delivery Authority;

(gc)

any company, or other body corporate, which is a wholly-owned subsidiary of the Olympic Delivery Authority;

(gd)

any company, or other body corporate, which—

(i)

is a subsidiary of the Olympic Delivery Authority,

(ii)

is a subsidiary of at least one other public authority, and

(iii)

is not a subsidiary of any person who is not a public authority;

F3(h)

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F4(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)

any body or person, or the holder of any office, for whose abolition or dissolution provision is made by or under this Act and which does not fall within the preceding paragraphs of this subsection.

(4)

The power conferred by subsection (1) above is exercisable—

(a)

for the general purposes, or any particular purposes, of this Act;

(b)

in consequence of, or otherwise in connection with, any provision made by or under this Act;

(c)

for giving full effect to this Act; or

(d)

in consequence of such of the provisions of any other Act passed—

(i)

before the relevant day, within the meaning of section 405 above, or

(ii)

in the Session in which that day falls,

as apply to any area, or any body or person, affected by this Act.

(5)

The power conferred by subsection (1) above is also exercisable in relation to a transfer of property, rights or liabilities to the London Development Agency for any purpose for which such a transfer may be made by a scheme under the M2Regional Development Agencies Act 1998.

F5(6)

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(7)

An order under subsection (1) above may make provision for or in connection with—

(a)

the grant or creation of an estate or interest in, or right over, any land or other property,

(b)

the grant or creation of any other rights, or

(c)

the imposition of liabilities,

in favour of, or on, any body or person falling within subsection (2) above or any body or person falling within subsection (3) above.

(8)

An order under subsection (1) above may make provision for transfers to take effect at such time of day as may be specified in the order.

F6(9)

In subsection (3)(gc) “wholly-owned subsidiary” has the meaning given to it by section 1159 of the Companies Act 2006.

(10)

For the purposes of subsection (3)(gd) and paragraph (b) of this subsection, a body corporate (“C”) is a “subsidiary” of another person (“P”) if—

(a)

P, or P's nominee, is a member of C, or

(b)

C is a subsidiary of a body corporate that is itself a subsidiary of P,

and, accordingly, the definition of “subsidiary” given by section 424(1) does not apply for those purposes.

(11)

In this section “urban development corporation” means a corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.