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London Regional Transport Act 1984

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This is the original version (as it was originally enacted).

27Supplementary provisions with respect to transfer schemes

(1)This section applies to any scheme under section 4, 5 or 9(6) of this Act (referred to below in this section as a transfer scheme).

(2)A transfer scheme may define the property, rights and liabilities to be transferred by the scheme—

(a)by specifying the property, rights and liabilities in question ; or

(b)by referring to all the property, rights and liabilities comprised in a specified part of the transferor's undertaking;

and may contain such supplementary, incidental and consequential provisions as may appear to London Regional Transport to be necessary or expedient.

(3)Without prejudice to section 47 of this Act and subject to subsection (4) below, a transfer scheme may provide that any functions of the transferor under any statutory provision shall be transferred with the property, rights and liabilities affected by the scheme, if and so far as that statutory provision—

(a)relates to the part of the transferor's undertaking, or to property, to be transferred by the scheme ; or

(b)authorises the carrying out of works designed to be used in connection with that part of the transferor's undertaking or the acquisition of land for the purpose of carrying out such works.

(4)Subsection (3) above does not apply to any function of London Regional Transport, or of London Regional Transport or any subsidiary of theirs, under any provision of this Act or any other statutory provision specifically amended by any provision of this Act.

(5)A transfer scheme may define any functions of the transferor to be transferred by the scheme in accordance with subsection (3) above—

(a)by specifying the statutory provisions in question ;

(b)by referring to all the statutory provisions (except those mentioned in subsection (4) above) which relate to the part of the transferor's undertaking, or to property, to be transferred by the scheme or authorise the carrying out of works designed to be used in connection with that part of the transferor's undertaking or the acquisition of land for the purpose of carrying out such works ; or

(c)by referring to all the statutory provisions within paragraph (b) above, but specifying certain excepted provisions.

(6)A transfer scheme shall not come into force until it has been approved by the Secretary of State or until such date as the Secretary of State may, in giving his approval, specify; and the Secretary of State may approve a transfer scheme either without modifications or with such modifications as, after consultation with London Regional Transport, he thinks fit.

(7)On the coming into force of a transfer scheme the property, rights and liabilities affected by the scheme shall, subject to subsection (8) below, be transferred and vest in accordance with the scheme.

(8)Subject to subsection (9) below, Schedule 4 to the 1968 Act (supplementary provisions as to certain transfers of property, rights and liabilities) shall apply to any transfer under subsection (7) above; and subsection (7) above shall have effect subject to the provisions of that Schedule.

(9)In Schedule 4 as it applies by virtue of subsection (8) above—

(a)any reference to a transfer by or a vesting by virtue of that Act shall be read as a reference to a transfer by or a vesting by virtue of the transfer scheme in question; and

(b)the reference in paragraph 13(5) to the relevant provisions of that Act shall be read as including a reference to the relevant provisions of this Act.

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