SCHEDULES
SCHEDULE 6 Transfer schemes
Proceedings etc
I118
1
This paragraph applies if a transfer scheme provides for a transfer from a transferor to a transferee.
2
From the coming into force of the scheme the transferee is to have the same rights, powers and remedies for ascertaining, perfecting or enforcing a right or liability transferred to him under the scheme as he would have had if the right or liability had at all times been a right or liability of his.
3
From the coming into force of the scheme any person (other than the transferee) is to have the same rights, powers and remedies for ascertaining, perfecting or enforcing a right or liability transferred to the transferee under the scheme as he would have had if the right or liability had at all times been a right or liability of the transferee.
4
The rights and powers which the transferee or any other person is to have include—
a
rights and powers as to the taking or resisting of legal proceedings;
b
rights and powers as to the making or resisting of applications to an authority.
5
Sub-paragraph (6) applies if on the coming into force of the scheme legal proceedings or applications to an authority by or against the transferor are pending.
6
The proceedings or applications must be continued by or against the transferee (to the transferor’s exclusion) in so far as they relate—
a
to any property, rights or liabilities transferred to the transferee under the scheme, or
b
to any agreement or enactment relating to any such property, rights or liabilities.