Libraries Act (Northern Ireland) 2008

Creation and apportionment of property, rights and liabilities etc.

1.  A scheme may—

(a) create for the transferor interests in or rights over property transferred by virtue of the scheme;

(b) create for the Authority interests in or rights over property retained by the transferor;

(c) create rights or liabilities between the transferor and the Authority.

2.—(1) A scheme may provide for the transfer of property, rights or liabilities that would not otherwise be capable of being transferred or assigned.

(2) In particular, it may provide for the transfer to take effect regardless of a contravention, liability or interference with an interest or right that would otherwise exist by reason of a provision having effect in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.

(3) It does not matter whether the provision referred to in sub-paragraph (2) has effect under a statutory provision or an agreement or in any other way.

3.  A certificate by the Department that anything specified in the certificate has vested in the Authority by virtue of a scheme is conclusive evidence for all purposes of that fact.