42(1)A certificate issued by the Secretary of State that any property has been transferred by—U.K.
(a)paragraph 39, or
(b)an order under paragraph 41,
is conclusive evidence of the transfer.
(2)Paragraph 39, and orders under paragraph 41, have effect in relation to property, rights or liabilities to which they apply in spite of any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property, rights or liabilities.
(3)A right of pre-emption, right of return or other similar right does not operate or become exercisable as a result of any transfer of property or rights by virtue of paragraph 39 or an order under paragraph 41.
(4)Any such right has effect in the case of any such transfer as if the transferee were the same person in law as the transferor and no transfer of the property or rights had taken place.
(5)Such compensation as is just is to be paid to any person in respect of any such right which would, apart from sub-paragraph (3), have operated in favour of or become exercisable by that person but which, in consequence of the operation of that sub-paragraph, cannot subsequently operate in favour of or become exercisable by that person.
(6)Any compensation payable by virtue of sub-paragraph (5) is to be paid by the transferor or by the transferee or by both.
(7)The Secretary of State may by order make provision for the determination of disputes as to—
(a)whether compensation is payable under sub-paragraph (5),
(b)how much compensation is payable, and
(c)the person to whom or by whom it is to be paid.
(8)A statutory instrument containing an order under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.
(9)Sub-paragraphs (2) to (8) apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property; and references to the transferor and transferee are to be read accordingly.
(10)In this paragraph “right of return” means any right under a provision for the return or reversion of property in specified circumstances.