SCHEDULES

SCHEDULE 6 Transfer schemes

Certificates

I114

1

This paragraph applies if—

a

a transfer scheme provides for the transfer of property, rights or liabilities from a transferor to a transferee, and

b

a certificate falling within sub-paragraph (2) is made jointly by or on behalf of the parties.

2

A certificate falls within this sub-paragraph if it certifies that any specified property, right or liability—

a

was intended to be, and was, vested in the transferee by virtue of the transfer, and

b

has not been the subject of an agreement under paragraph 11.

3

The certificate is to be conclusive evidence for all purposes of the facts it certifies.

4

The reference in sub-paragraph (2) to property includes a reference to an interest in or right over property.

5

Sub-paragraph (6) applies if—

a

one of the parties requests the other to join in the preparation of a certificate, and

b

they fail to agree the terms of a certificate within the period of one month starting with the day of the request.

6

The parties must—

a

refer the matter to the Secretary of State, and

b

issue a certificate in such terms as may be specified in a direction given by him.

7

The parties are the transferor and the transferee.