SCHEDULES

SCHEDULE 6 Transfer schemes

Restrictions on dealing with land

I115

1

For the purposes of this paragraph a person is a party if—

a

he is the transferor (or one of the transferors) under a transfer scheme and holds an interest in land immediately after the scheme comes into force, or

b

he is the transferee (or one of the transferees) under the scheme and an interest in land is transferred to him under the scheme.

2

For the purposes of this paragraph the relevant land is any land in which any party has an interest immediately after the scheme comes into force.

3

On the representation of any of the parties the Secretary of State may give to the parties a direction stating that sub-paragraph (4) is to apply to such of the relevant land as the direction specifies.

4

While the direction remains in force—

a

no party may dispose of an interest in any of the specified land unless the Secretary of State consents;

b

if a party proposes to dispose of such an interest and the Secretary of State thinks it necessary or expedient to exercise any of the powers set out in sub-paragraph (5) for the protection of any other party, the Secretary of State may exercise any of those powers.

5

The powers are—

a

power to consent to the proposed disposal subject to compliance with such conditions as the Secretary of State may see fit to impose;

b

power to require a party to dispose of an interest in any of the specified land to such person and in such manner as may be specified in the requirement;

c

power to require a party to acquire another party’s interest in any of the specified land.

6

In sub-paragraph (5)(b) and (c) references to an interest include (but are not limited to) references to the interest whose disposal is proposed.

7

A person who is not a party and who is dealing with a party (or with a person claiming under a party) in relation to land is not to be concerned to see or enquire—

a

whether this paragraph applies (or has applied) in relation to any of the land;

b

whether a direction under this paragraph has been given in relation to any of the land;

c

whether this paragraph or any condition imposed or requirement made under it has been complied with in connection with the dealing or any other dealing concerning any of the land.

8

No transaction between a person who is not a party (on the one hand) and a party or a person claiming under a party (on the other) is to be invalid by reason of any failure to comply with this paragraph or any condition imposed or requirement made under it.