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PART 2Restrictions on partial property transfers

Market contracts

6.—(1) Subject to paragraph (2), a partial property transfer to which this Order applies may not transfer property, rights or liabilities or include provision under the continuity powers to the extent that to do so would render unenforceable a market contract.

(2) The restriction in paragraph (1) does not apply to the extent that it would contradict any provision in a relevant property transfer instrument which applies subsection (6) or (7) of section 38 of the Act.

(3) In this Article, “relevant property transfer instrument” means any instrument made for the purposes of effecting a partial property transfer to which this Order applies.