3(1)If the nature of the property, right or liability does not permit it to be apportioned as mentioned in paragraph 2(1), it must be taken to have been transferred to a transferee or retained by the transferor in accordance with the tests in sub-paragraphs (2) and (3).U.K.
(2)In the case of an estate or interest in land the test is—
(a)which one of the parties has the greater (or greatest) need of the estate or interest for business purposes, or
(b)if it is not possible to say that one of them has the greater (or greatest) need, which one of them is likely to make more (or the most) use of the land.
(3)In the case of any other property or any right or liability, the test is which one of the parties is likely—
(a)to make more (or the most) use of the property, or
(b)to be more (or the most) affected by the right or liability.
(4)The tests in sub-paragraphs (2) and (3) must be applied at—
(a)the time when the transfer scheme comes into force (or schemes come into force), or
(b)if there are two or more schemes and they come into force at different times, the later or latest of the times.
(5)The preceding provisions of this paragraph apply subject to any arrangements made by the parties as to the protection of the interests of any of them.
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)