SCHEDULES

SCHEDULE 11Transfers to the Office for Nuclear Regulation

PART 3Property transfer schemes

Content of a property transfer scheme

10

1

A property transfer scheme may, in particular, make provision—

a

for anything done by or in relation to the HSE or the Secretary of State in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the ONR;

b

for references to the HSE or the Secretary of State in any agreement (whether written or not), instrument or other document relating to any property, rights or liabilities transferred by the scheme to be treated as references to the ONR;

c

about the continuation of legal proceedings;

d

for transferring property, rights or liabilities which could not otherwise be transferred or assigned;

e

for transferring property, rights and liabilities irrespective of any requirement for consent which would otherwise apply;

f

for preventing a right of pre-emption, right of reverter, right of forfeiture, right to compensation or other similar right from arising or becoming exercisable as a result of the transfer of property, rights or liabilities;

g

for dispensing with any formality in relation to the transfer of property, rights or liabilities by the scheme

h

for transferring property acquired, or rights or liabilities arising, after the scheme is made but before it takes effect;

i

for apportioning property, rights or liabilities;

j

for creating rights, or imposing liabilities, in connection with property, rights or liabilities transferred by the scheme;

k

for requiring the ONR to enter into any agreement of any kind, or for a purpose, specified in or determined in accordance with the scheme.

2

Sub-paragraph (1)(b) does not apply to references in primary legislation or in subordinate legislation.

3

In this Part of this Schedule “property” includes interests of any description.