6(1)Where any transferred rights or liabilities are rights or liabilities under an agreement to which the Port Authority were a party immediately before the transfer date, that agreement shall have effect on and after that date—E+W+S
(a)as if the company had been a party to the agreement; and
(b)as if for any reference (whether express or implied and, if express, however worded) to the Port Authority there were substituted, as respects anything falling to be done on or after that date, a reference to the company; and
(c)as if any reference (whether express or implied and, if express, however worded) to a person employed by, or engaged in the business of, the Port Authority and holding a specified office or serving in a specified capacity were, as respects anything falling to be done on or after that date, a reference—
(i)to such person as the company may appoint; or
(ii)in default of appointment, to a person employed by, or engaged in the business of, the company who corresponds as nearly as may be to the person referred to in the agreement; and
(d)where the agreement refers to property, rights or liabilities which fall to be apportioned or divided between the Port Authority and the company, as if the agreement constituted two separate agreements separately enforceable by and against the Port Authority and the company as regards the part of the property, rights or liabilities retained by the Port Authority or (as the case may be) the part vesting in the company, and not as regards the other part;
and paragraph (d) above shall apply in particular to the covenants, stipulations and conditions of any lease by or to the Port Authority.
(2)This paragraph applies to any agreement whether in writing or not and whether or not of such nature that rights and liabilities under it could be assigned by the Port Authority.
7(1)Paragraph 6 above (except sub-paragraph (1)(a)) shall apply in relation to—E+W+S
(a)any statutory provision;
(b)any provision of any agreement to which the Port Authority were not a party; and
(c)any provision of any document other than an agreement;
as it applies in relation to an agreement to which the Port Authority were a party.
(2)Sub-paragraph (1) above has effect in relation to any such provision only if and so far as the provision relates to—
(a)any of the transferred property, rights, liabilities or functions; or
(b)any business or activity to which any of the transferred property, rights, liabilities or functions relates.
(3)In relation to any such provision, references in paragraph 6(1)(b) and (c) above to the Port Authority and to any persons employed by, or engaged in the business of, the Port Authority include references made by means of a general reference to a class of persons of which the Port Authority are one, without the Port Authority being specifically referred to.
8(1)The company and any other person shall, as from the transfer date, have the same rights, powers and remedies (and in particular the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any transferred right or liability as they would have had if that right or liability had at all times been a right or liability of the company.E+W+S
(2)Any legal proceedings or applications to any authority pending on the transfer date by or against the Port Authority, in so far as they relate to—
(a)any transferred property, right, liability or function; or
(b)any agreement or enactment relating to any such property, right, liability or function;
shall be continued by or against the company to the exclusion of the Port Authority.
(3)This paragraph is without prejudice to the generality of paragraphs 6 and 7 above.
9E+W+SParagraphs 6 to 8 above have effect for the interpretation of agreements, statutory provisions and other instruments subject to the context, and shall not apply where the context otherwise requires.