SCHEDULES

SCHEDULE 2Education administration: transfer schemes

Property, rights and liabilities that may be transferred

F16A

1

A transfer scheme may not transfer property which is subject to a security (other than a floating charge) free of that security except—

a

in accordance with an order of the court under paragraph 71 of Schedule B1 to the Insolvency Act 1986 as applied by Schedule 3 or 4, or

b

where—

i

an amount is attributed to the transfer of the property in the transfer scheme,

ii

the secured creditor agrees with that amount, and

iii

the secured creditor is paid that amount.

2

In sub-paragraph (1), “floating charge” means a charge which is a floating charge on its creation.