8(1)Paragraphs 9 and 10 apply if—U.K.
(a)provision is made by a transfer scheme for the transfer to a transferee of a specified part of a transferor’s undertaking, or
(b)provision is made by a transfer scheme (or transfer schemes) for the transfer to different transferees of different specified parts of a transferor’s undertaking.
(2)It is immaterial whether or not the second condition set out in paragraph 1 is satisfied.
(3)In paragraphs 9 and 10 references to the parties are to—
(a)the transferee or transferees concerned, and
(b)the transferor (if he retains part of the undertaking).
(4)Paragraphs 9 and 10 do not apply to rights or liabilities under a contract of employment.
(5)Sub-paragraph (6) applies if at the time a transfer scheme comes into force a transferor or transferee under the scheme is—
(a)a company which is wholly owned by the Crown;
(b)a company which is wholly owned by the CAA;
(c)a company which is a wholly owned subsidiary of a company falling within paragraph (a) or (b).
(6)Paragraphs 9 and 10 cease to apply in relation to the scheme concerned at the time when the transferor or any one of the transferees under the scheme ceases to be a company which falls within any of paragraphs (a) to (c) of sub-paragraph (5).
Commencement Information
I1Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
9(1)The parties must, so far as practicable, make any written agreement and execute any other instrument necessary or expedient to—U.K.
(a)give to any party (as against another or others) any rights and safeguards needed for carrying out the party’s functions;
(b)modify the division of the transferor’s undertaking in order to help the parties in carrying out their functions.
(2)An agreement or instrument under sub-paragraph (1) may provide—
(a)for the granting of leases and for the creation of other rights and liabilities over land (whether or not amounting in law to interests in land and whether or not involving the surrender of any existing interest or the creation of a new interest);
(b)for the granting of indemnities in connection with the severance of leases and other matters;
(c)for responsibility for registration of any matter in any statutory register.
(3)The duty under sub-paragraph (1) has effect before as well as after the coming into force of any transfer scheme concerned.
Commencement Information
I2Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
10(1)If the Secretary of State thinks it is unlikely that agreement will be reached on a matter where agreement is required under paragraph 9 he may serve a notice on the parties.U.K.
(2)A notice may be served—
(a)whether or not representations are made by a party;
(b)before or after the coming into force of any transfer scheme concerned.
(3)A notice may specify the terms of the agreement which the Secretary of State thinks the parties should have made under paragraph 9 in relation to the matter concerned.
(4)If a notice is served under this paragraph the parties are to be treated as having made an agreement in the terms specified.
Commencement Information
I3Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)