(1)Subject to any provision made under subsection (3) below by the scheme under section 22 above, Schedule 2 to this Act (general supplementary provisions) has effect in relation to the transfer under subsection (8) of section 22 above; and the effect of that subsection is subject to the provisions of that Schedule.
(2)The scheme shall contain the required provision for the protection of pension rights described in section 24 below.
(3)The scheme may contain—
(a)provision of any of the descriptions mentioned in subsection (4) below; and
(b)such other supplementary, incidental and consequential provisions as may appear to the Port Authority (or, where the scheme is made by the Secretary of State, to the Secretary of State) to be necessary or expedient for the purposes or in consequence of, or in connection with, the transfer under section 22(8) above.
(4)The descriptions of provision referred to in subsection (3)(a) above are—
(a)provision with respect to the consideration to be provided by the company for any transfer made by the scheme;
(b)provision for excepting from the transfer of functions under section 22(8)(b) above functions of the Port Authority under—
(i)any statutory provision specified in the scheme;
(ii)statutory provisions of any description so specified; or
(iii)statutory provisions of any such description with the exception of any statutory provision so specified;
(c)provision for excepting any provisions specified in the scheme from the application of paragraph 7 of Schedule 2 to this Act (which provides for construing certain references in statutory and other provisions to the Port Authority as references to the company);
(d)provision for treating any person who is both an employee and a director of the company as an officer of the Port Authority for the purposes of paragraph 6 of Schedule 2 to the M1Port of London Act 1968 (appointment of officers of the Port Authority as members of the Port Authority) as regards any time when the company is a subsidiary of the Port Authority; and
(e)provision for repealing or amending any local statutory provision which relates—
(i)to any property, right or liability transferred by the scheme in accordance with subsection (8)(a) of section 22 above;
(ii)to any part of the undertaking of the Port Authority so transferred; or
(iii)to any function transferred by subsection (8)(b) of that section;
or is otherwise affected by the operation of the transfer under subsection (8) of that section.
(5)The granting by the scheme to the company of a lease of any property shall be regarded for the purposes of—
(a)section 22 above and this section; and
(b)Schedule 2 below;
as a transfer of that property to the company by the scheme.
Marginal Citations