Part XIIE+W+S Supplementary Provisions

TransfersE+W+S

409 Transfer schemes.E+W+S

(1)A Minister of the Crown may make schemes for the transfer from the Crown to one or more bodies or persons falling within subsection (2) of section 408 above of such property, rights or liabilities as he may consider appropriate.

[F1(1A)A Minister of the Crown may make a scheme for the transfer from the Authority to the Crown of such property, rights or liabilities as the Minister of the Crown may consider appropriate in consequence of the revocation of a delegation under section 39A(1) above of a function of any Minister of the Crown.]

(2)A Minister of the Crown may by directions require a body or person falling within subsection (3) of section 408 above to make one or more schemes for the transfer to a body or person falling within subsection (2) of that section of such property, rights or liabilities as he may consider appropriate.

(3)The powers conferred by subsection (1) or (2) above are 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.

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)A scheme under subsection (1) [F4, (1A)] or (2) above may make any provision that may be made by order under subsection (1) of section 408 above.

(7)A scheme under subsection (1) [F5, (1A)] or (2) above may make any provision that may be made by order under subsection (1) of section 411 below.

(8)Accordingly, the bodies or persons in relation to which provision may be made by virtue of subsection (7) above are not restricted to those falling within subsection (2) or (3) of section 408 above.

[F6(8A)A scheme under subsection (1) or (2) above may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry).]

(9)Schedule 31 to this Act (which makes provision in relation to schemes under this section) shall have effect.

Textual Amendments

F4Words in s. 409(6) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 223(3)(b), 240(2); S.I. 2012/57, art. 4(1)(cc) (with arts. 6, 7, 9-11)

F5Words in s. 409(7) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 223(3)(b), 240(2); S.I. 2012/57, art. 4(1)(cc) (with arts. 6, 7, 9-11)

F6S. 409(8A) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 31(8), 57(5)(e)