The Cardiff and Valleys Railways (Transfer) Order 2019

General provisions about transfer schemes

1.—(1) A transfer scheme may—

(a) define the property, rights and liabilities to be transferred to the undertaker (subject to any exception, reservation or other terms that may be specified in the transfer scheme)—

(i) by specifying or describing the property, rights and liabilities in question,

(ii) by referring to all (or all but so much as may be excepted or reserved) of the property, rights and liabilities comprised in a specified part of the core Valley lines undertaking, or

(iii) partly in the one way and partly in the other;

(b) provide that any rights or liabilities specified or described in the scheme is to be enforceable either by or against the undertaker or Network Rail (or both of them);

(c) without affecting paragraph 6, impose on the undertaker or Network Rail an obligation to enter into such written agreements with, or execute such other instruments in favour of, Network Rail or the undertaker or such other person as may be specified in the scheme;

(d) make such supplemental, incidental, consequential or transitional provision as the undertaker and Network Rail consider appropriate.

(2) An obligation imposed by a provision included in a transfer scheme by virtue of sub-paragraph (1)(c) may be enforced by the undertaker or Network Rail or other person mentioned in that sub-paragraph—

(a) in civil proceedings for an injunction,

(b) in civil proceedings for any other appropriate relief or remedy, or

(c) in any other way authorised by the transfer scheme.

(3) A transaction of any description which is effected pursuant to an obligation imposed by a provision included in a transfer scheme by virtue of sub-paragraph (1)(c)—

(a) has effect subject to the provisions of any enactment which provides for transactions of that description to be registered in any statutory register, but

(b) subject to that, is binding on all other persons, notwithstanding that it would, apart from this paragraph, have required the consent or concurrence of any other person.

(4) No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, option or similar right affecting land operates or becomes exercisable as a result of any transfer of land—

(a) by virtue of a transfer scheme;

(b) pursuant to an obligation imposed by a provision included in a transfer scheme by virtue of sub-paragraph (1)(c);

and, any such right or option accordingly has effect in the case of any such transfer as if the undertaker in relation to that transfer were the same person in law as Network Rail and as if no transfer of the land had taken place.

(5) Sub-paragraph (4) has effect in relation to—

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

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

as it has effect in relation to a transfer of land; and any reference in that sub-paragraph or in the following provisions of this Schedule to Network Rail or the undertaker is to be construed accordingly.

(6) In any case where—

(a) any such right or option as is mentioned in sub-paragraph (4) would, apart from that sub-paragraph, have operated in favour of, or become exercisable by, a person, but

(b) the circumstances are such that, in consequence of the operation of that sub-paragraph, the right or option cannot subsequently operate in favour of that person or, as the case may be, become exercisable by that person,

such compensation as may be just must be paid to that person by the undertaker in respect of the extinguishment of the right or option.

(7) Any dispute as to whether any, and (if so) how much, compensation is payable under sub-paragraph (6), or as to the person to whom it is to be paid, is to be referred to and determined by an arbitrator appointed by the President for the time being of the Royal Institution of Chartered Surveyors.

(8) If it appears to the undertaker that a person (A) is or may be entitled to compensation under sub-paragraph (6), the undertaker must—

(a) notify A that A is or may be so entitled, and

(b) invite A to make such representations as A wishes to the undertaker not later than 14 days after the date of issue of the document containing the notification required by sub-paragraph (8)(a),

or, if the undertaker is not aware of the name and address of the person concerned, must publish, in such manner as the undertaker considers appropriate, a notice containing information about the interest affected and inviting any person who thinks that they are or may be entitled to compensation to make such representations to the undertaker within such period (being not less than 28 days from the date of publication of the notice) as may be specified in the notice.