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Transport Act 2000

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This is the original version (as it was originally enacted).

Contents of transfer scheme

32(1)The property, rights and liabilities which may be transferred by a transfer scheme include property, rights and liabilities that would not otherwise be capable of being transferred or assigned.

(2)The transfers authorised by sub-paragraph (1) include transfers which are to take effect as if there were no such contravention, liability or interference with any interest or right as there would otherwise be by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.

33A transfer scheme may define the property, rights and liabilities to be transferred to the Authority by specifying them or describing them or by referring to all (or all except anything specified or described) of the property, rights and liabilities comprised in a specified part of the undertaking of the Regulator (or partly in one way and partly in the other).

34A transfer scheme may contain provision—

(a)for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the Regulator,

(b)for the creation in favour of the Authority of an interest in or right over, property retained by the Regulator,

(c)for the creation of rights and liabilities as between the Authority and the Regulator, or

(d)for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against the Authority.

35A transfer scheme may make such supplementary, incidental and consequential provision as the Secretary of State considers appropriate.

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