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The York and North Yorkshire Combined Authority Order 2023

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This is the original version (as it was originally made).

Transfers: supplementary provision

This section has no associated Explanatory Memorandum

38.—(1) All property, rights and liabilities transferred by this Part are to be transferred, notwithstanding that they may be or include—

(a)property, rights and liabilities that would not otherwise be capable of being transferred; or

(b)rights and liabilities under enactments.

(2) No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property is to operate or become exercisable as a result of any transfer of land or other property by virtue of this Part, whether or not any consent required to the transfer has been obtained.

(3) No right to terminate or vary a contract or instrument is to operate or become exercisable, and no provision of a contract or relevant document is to operate or become exercisable or be contravened, by reason of the transfer made by this Part.

(4) Paragraphs (1) to (3) have effect in relation to—

(a)the grant or creation of an estate or interest in, or right over, any land or other property; or

(b)the doing of any other thing in relation to land or other property,

as they have effect in relation to the transfer made by this Part of land or other property.

(5) In paragraph (3), “relevant document” means—

(a)any enactment, other than an enactment contained in the 2009 Act;

(b)any subordinate legislation made otherwise than under that Act; or

(c)any deed or other instrument.

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