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Commencement Orders bringing legislation that affects this Act into force:

SCHEDULES

Section 30.

SCHEDULE 1E+W+S+N.I. Air traffic administration orders: general

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Commencement Information

I1Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Part IE+W+S+N.I. Modifications of 1986 Act

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Commencement Information

I2Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

IntroductionE+W+S+N.I.

1This Part of this Schedule applies if an air traffic administration order is made.E+W+S+N.I.

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Commencement Information

I3Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

General application of provisions of 1986 ActE+W+S+N.I.

2Sections 11 to 23 and 27 of the 1986 Act (which relate to administration orders under Part II of that Act) apply with the modifications specified in this Part of this Schedule.E+W+S+N.I.

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Commencement Information

I4Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

General modificationsE+W+S+N.I.

3In those sections as applied by this Part of this Schedule—E+W+S+N.I.

(a)references to an administration order are to an air traffic administration order, and

(b)references to an administrator are to an air traffic administrator.

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Commencement Information

I5Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Effect of orderE+W+S+N.I.

4In section 11 of the 1986 Act (effect of order) as applied by this Part of this Schedule—E+W+S+N.I.

(a)the requirement in subsection (1)(a) that any petition for the winding up of the company shall be dismissed does not prejudice the air traffic administration order if it is made by virtue of section 27 above,

(b)the reference in subsection (3)(d) to proceedings includes a reference to any proceedings under or for the purposes of section 20 above, and

(c)subsection (3)(d) has effect as if after “its property” there were inserted “ , and no right of re-entry or forfeiture may be enforced against the company in respect of any land, ”.

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Commencement Information

I6Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Appointment of air traffic administratorE+W+S+N.I.

5In section 13 of the 1986 Act (appointment of administrator) as applied by this Part of this Schedule for subsection (3) substitute—E+W+S+N.I.

(3)An application for an order under subsection (2) may be made—

(a)by the Secretary of State,

(b)by the CAA with the Secretary of State’s consent,

(c)by any continuing air traffic administrator of the company, or

(d)where there is no such air traffic administrator, by the company, the directors or any creditor or creditors of the company.

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Commencement Information

I7Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

General powers of air traffic administratorE+W+S+N.I.

6(1)Section 14 of the 1986 Act (general powers of administrator) as applied by this Part of this Schedule has effect as follows.E+W+S+N.I.

(2)In subsection (1)(b) the reference to the powers specified in Schedule 1 to the 1986 Act includes a reference to a power to act on behalf of the company—

(a)for the purposes of this Part, or

(b)for the purposes of the exercise or performance of any power or duty which is conferred or imposed on the company by virtue of its holding a licence.

(3)In subsection (4) the reference to a power conferred by the company’s memorandum or articles of association includes a reference to a power conferred by virtue of the company’s holding a licence.

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Commencement Information

I8Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Power to deal with charged propertyE+W+S+N.I.

7(1)Section 15 of the 1986 Act (power to deal with charged property) as applied by this Part of this Schedule has effect as follows.E+W+S+N.I.

(2)In subsection (2) for “the purpose or one or more of the purposes specified in the administration order” substitute “ one or both of the purposes of the administration order ”.

(3)In subsection (5)(b) for “in the open market by a willing vendor” substitute “ for the best price which is reasonably available on a sale which is consistent with the purposes of the air traffic administration order ”.

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Commencement Information

I9Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Duties of air traffic administratorE+W+S+N.I.

8(1)Section 17 of the 1986 Act (duties of administrator) as applied by this Part of this Schedule has effect as follows.E+W+S+N.I.

(2)For subsection (2) substitute—

(2)Subject to any directions of the court, it shall be the duty of the air traffic administrator to manage the affairs, business and property of the company in accordance with proposals under section 23 as they are revised from time to time.

(3)In subsection (3) omit paragraph (a).

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Commencement Information

I10Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Discharge of orderE+W+S+N.I.

9(1)Section 18 of the 1986 Act (discharge and variation of administration order) as applied by this Part of this Schedule has effect as follows.E+W+S+N.I.

(2)For subsections (1) and (2) substitute—

(1)An application for an air traffic administration order to be discharged may be made—

(a)by the air traffic administrator, on the ground that the purposes of the order have been achieved; or

(b)by the Secretary of State or (with his consent) by the CAA, on the ground that it is no longer necessary that those purposes are achieved.

(3)In subsection (3) omit the words “or vary”.

(4)In subsection (4)—

(a)omit the words “or varied” and “or variation”, and

(b)after “to the registrar of companies” insert “ , to the CAA and to the Secretary of State ”.

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Commencement Information

I11Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Notice of making of orderE+W+S+N.I.

10In section 21(2) of the 1986 Act (notice of order to be given by administrator) as applied by this Part of this Schedule after “to the registrar of companies” insert “ , to the CAA, to the Secretary of State ”.E+W+S+N.I.

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Commencement Information

I12Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Statement of proposalsE+W+S+N.I.

11In section 23 of the 1986 Act (statement of proposals) as applied by this Part of this Schedule for subsections (1) and (2) substitute—E+W+S+N.I.

(1)Where an air traffic administration order has been made, the air traffic administrator shall, within 3 months (or such longer period as the court may allow) after the making of the order, send a statement of his proposals for achieving the purposes of the order—

(a)to the Secretary of State,

(b)to the CAA,

(c)to all creditors of the company (so far as he is aware of their addresses), and

(d)to the registrar of companies.

(2)The air traffic administrator may from time to time revise those proposals.

(2A)If the air traffic administrator proposes to make revisions which appear to him to be substantial, he shall before making them send a statement of the proposed revisions—

(a)to the Secretary of State,

(b)to the CAA,

(c)to all creditors of the company (so far as he is aware of their addresses), and

(d)to the registrar of companies.

(2B)The air traffic administrator shall give a copy of any statement under subsection (1) or (2A) to all members of the company before the end of the period described in subsection (1) or, as the case may be, before making the revisions.

(2C)The requirement in subsection (2B) is satisfied if the administrator—

(a)sends a copy of the statement to all members of the company (so far as he is aware of their addresses), or

(b)publishes in the prescribed manner a notice stating an address to which members should write for copies of the statement to be sent to them free of charge.

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Commencement Information

I13Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Applications to courtE+W+S+N.I.

12(1)Section 27 of the 1986 Act (protection of interests of creditors and members) as applied by this Part of this Schedule has effect as follows.E+W+S+N.I.

(2)After subsection (1) insert—

(1A)If a creditor or member of the company makes an application under subsection (1), the court shall give notice of the application to the Secretary of State, who shall be entitled to be heard by the court in connection with the application.

(1B)At any time when an air traffic administration order is in force the Secretary of State or (with his consent) the CAA may apply to the court by petition for an order under this section on one or both of the following grounds.

(1C)The first ground is that the air traffic administrator has exercised or is exercising or proposing to exercise his powers in relation to the company in a manner which will not best ensure the achievement of the purposes of the order.

(1D)The second ground is that he has exercised or is exercising or proposing to exercise his powers in relation to the company in a manner which involves a contravention of—

(a)a condition of the licence granted under Chapter I of Part I of the Transport Act 2000, or

(b)a duty imposed by section 8(1) of that Act, or

(c)any other requirement imposed on the company by virtue of its holding the licence.

(3)Omit subsection (3).

(4)In subsection (4) omit the words “Subject as above”.

(5)After that subsection insert—

(4A)Provision may be made by virtue of subsection (4)(d) that the air traffic administration order is to be discharged from such date as may be specified in the order unless, before that date, such measures are taken as the court thinks fit for the purpose of protecting the interests of creditors.

(6)For subsection (6) substitute—

(6)Where an air traffic administration order is discharged, the air traffic administrator shall within 14 days after the date on which the discharge takes effect send an office copy of the order under this section—

(a)to the Secretary of State,

(b)to the CAA, and

(c)to the registrar of companies;

and if, without reasonable excuse, the air traffic administrator fails to comply with this subsection, he is liable to a fine and, for continued contravention, to a daily default fine.

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Commencement Information

I14Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Part IIE+W+S+N.I. Other provisions

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Commencement Information

I15Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

General adaptationsE+W+S+N.I.

13(1)References in the 1986 Act (except in sections 8 to 10 and 24 to 26), or in any other enactment passed before the day on which this Act is passed, to an administration order under Part II of that Act, to an application for such an order and to an administrator include references (respectively) to an air traffic administration order, to an application for an air traffic administration order and to an air traffic administrator.E+W+S+N.I.

(2)References in the 1986 Act, or in any other enactment passed before the day on which this Act is passed, to an enactment contained in Part II of that Act include references to that enactment as applied by section 30 above or Part I of this Schedule.

(3)But—

(a)sub-paragraph (1) applies in relation to a reference in an enactment contained in Part II of the 1986 Act only so far as necessary for the purposes of the operation of the provisions of that Part as so applied;

(b)sub-paragraphs (1) and (2) apply subject to Part I of this Schedule.

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Commencement Information

I16Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

SavingE+W+S+N.I.

14The provisions of this Schedule are without prejudice to the power conferred by section 411 of the 1986 Act (company insolvency rules) as modified by paragraph 13(1) and (2).E+W+S+N.I.

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Commencement Information

I17Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

InterpretationE+W+S+N.I.

15(1)In this Schedule “the 1986 Act” means the Insolvency Act 1986.E+W+S+N.I.

(2)For the purposes of this Schedule and any modification of the 1986 Act made by this Schedule—

(a)an air traffic administration order is an order made under section 27 or 28 above;

(b)an air traffic administrator is a person appointed by the court to achieve the purposes of an air traffic administration order;

(c)the CAA is the Civil Aviation Authority.

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Commencement Information

I18Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Section 30.

SCHEDULE 2E+W+S+N.I. Air traffic administration orders: schemes

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Commencement Information

I19Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Application of ScheduleE+W+S+N.I.

1This Schedule applies if—E+W+S+N.I.

(a)the court has made an air traffic administration order in relation to a licence company (the existing licence company), and

(b)it is proposed that on and after the appointed day another company (the new licence company) should carry out licensed activities in respect of all or part of a licensed area.

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Commencement Information

I20Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

InterpretationE+W+S+N.I.

2For the purposes of this Schedule—E+W+S+N.I.

(a)an air traffic administration order is an order made under section 27 or 28;

(b)an air traffic administrator is a person appointed by the court to achieve the purposes of an air traffic administration order;

(c)the court is the court which (but for section 27) would have jurisdiction to wind up the existing licence company;

(d)references to the existing licence company and the new licence company must be construed in accordance with paragraph 1;

(e)references to a licence company are to be construed in accordance with section 26;

(f)other licence companies are licence companies, other than the existing licence company and the new licence company;

(g)licensed activities are activities which the licence concerned authorises the existing licence company to carry out;

(h)a licensed area is an area in respect of which the licence concerned authorises the existing licence company to provide air traffic services;

(i)the appointed day is a day which falls before the discharge of the air traffic administration order takes effect and which is appointed by the court for the purposes of this Schedule.

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Commencement Information

I21Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Making and modification of schemesE+W+S+N.I.

3(1)The existing licence company, acting with the consent of the new licence company and, in relation to the matters affecting them, of any other licence companies, may make a scheme designed to secure that the new licence company carries out licensed activities in respect of all or part of the licensed area.E+W+S+N.I.

(2)No scheme takes effect unless it is approved by the Secretary of State after consulting the CAA.

(3)If a scheme is submitted to the Secretary of State for approval he may modify the scheme before approving it.

(4)But no modification may be made unless the following consent—

(a)the new licence company,

(b)the existing licence company, and

(c)in relation to the matters affecting them, any other licence companies.

(5)A scheme comes into force on the appointed day.

(6)At any time after a scheme has come into force, if he thinks it appropriate the Secretary of State may by order provide that the scheme is to be taken for all purposes to have come into force with the modifications specified in the order.

(7)But the Secretary of State may not make an order under sub-paragraph (6) unless the following consent—

(a)the existing licence company,

(b)the new licence company, and

(c)in relation to the provisions of the order which affect them, any other licence companies.

(8)An order under sub-paragraph (6)—

(a)may make, with effect from the coming into force of the scheme to which it relates, any such provision as could have been made by the scheme, and

(b)in connection with giving effect to that provision from that time, may make such supplementary, consequential and transitional provision as the Secretary of State thinks appropriate.

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Commencement Information

I22Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Effect on licenceE+W+S+N.I.

4(1)A scheme may provide for a licence held by the existing licence company to have effect, with such modifications as the scheme may specify, as if the licence had been granted to the new licence company.E+W+S+N.I.

(2)If different schemes are made in relation to different parts of the licensed area—

(a)each scheme has effect as if there were a separate licence in respect of each part, and

(b)each licence has effect as if it had been granted to the company which is the new licence company under the scheme concerned.

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Commencement Information

I23Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Property, rights and liabilitiesE+W+S+N.I.

5A scheme may provide for the transfer of property, rights and liabilities from the existing licence company to the new licence company.E+W+S+N.I.

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Commencement Information

I24Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

6(1)In determining whether and in what manner to exercise the powers under paragraph 3 to approve and modify a scheme, the Secretary of State must have regard to the need to ensure that a scheme allocates property, rights and liabilities to the new licence company in such manner as appears to the Secretary of State to be appropriate.E+W+S+N.I.

(2)In deciding what is appropriate the Secretary of State must take into account the licensed activities which will be carried out on or after the appointed day by any of—

(a)the new licence company,

(b)the existing licence company, and

(c)any other licence companies.

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Commencement Information

I25Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

7(1)When a scheme comes into force, it has effect without more so as to transfer to the new licence company the property, rights and liabilities to which the scheme relates.E+W+S+N.I.

(2)A scheme may divide the property, rights or liabilities of the existing licence company and in connection with that division may—

(a)create for the existing licence company, the new licence company or any other licence companies an interest in or right over any property to which the scheme relates;

(b)create new rights and liabilities as between any two or more of those companies with respect to the subject-matter of the scheme;

(c)in connection with any provision made by virtue of paragraph (a) or (b), make incidental provision as to the interests, rights and liabilities of other persons with respect to the subject-matter of the scheme.

(3)A scheme may impose duties on the existing licence company, the new licence company and any other licence company to take all such steps as may be necessary to secure that—

(a)any interest, right or liability created by virtue of paragraph (a) or (b) of sub-paragraph (2), and

(b)any incidental provision made by virtue of paragraph (c) of that sub-paragraph,

has effect.

(4)A scheme may require the new licence company and any other licence companies to provide consideration in respect of the transfer or creation of property, rights and liabilities by means of the scheme.

(5)A requirement imposed under sub-paragraph (4) is enforceable in the same way as if the property, rights and liabilities had been created or transferred, and (if the case so requires) had been capable of being created or transferred, by agreement between the parties.

(6)The property, rights and liabilities of the existing licence company which may be transferred in accordance with a scheme include—

(a)property, rights and liabilities which the existing licence company would not otherwise be capable of transferring or assigning;

(b)property, rights and liabilities to which the existing licence company may become entitled or subject after the making of the scheme and before the appointed day;

(c)property situated anywhere in the United Kingdom or elsewhere;

(d)rights and liabilities under enactments;

(e)rights and liabilities under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.

(7)If a scheme makes a person entitled to possession of a document, the provision that may be made by virtue of sub-paragraph (2)(b) includes—

(a)provision for treating that person as having given another person an acknowledgement in writing of the right of that other person to the production of the document and to delivery of copies of it,

(b)provision applying section 64 of the M1Law of Property Act 1925 (production and safe custody of documents) to that acknowledgement,

(c)provision that, where a scheme transfers any interest in land or other property situated in Scotland, subsections (1) and (2) of section 16 of the M2Land Registration (Scotland) Act 1979 (omission of certain clauses in deeds) are to have effect in relation to the transfer as if the transfer had been effected by deed and as if from each of those subsections the words “unless specially qualified” had been omitted, and

(d)provision applying section 9 of the M3Conveyancing Act 1881 (which is the equivalent in Northern Ireland to section 64 of the M4Law of Property Act 1925) to that acknowledgement.

(8)Sub-paragraph (9) applies if a transfer authorised by sub-paragraph (6)(a) would (were it not so authorised)—

(a)give rise to a contravention or liability by reason of a provision relating to the terms on which the existing licence company is entitled or subject to the property, right or liability transferred, or

(b)give rise to an interference with any interest or right by reason of such a provision.

(9)In such a case the transfer does not give rise to such a contravention, liability or interference.

(10)The provision referred to in sub-paragraph (8) may arise under an enactment or agreement or otherwise.

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Commencement Information

I26Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

8(1)A scheme may impose duties on the existing licence company and on the new licence company to take all such steps as may be necessary to secure that the vesting in the new licence company, by virtue of the scheme, of any foreign property, right or liability is effective under the relevant foreign law.E+W+S+N.I.

(2)A scheme may require the existing licence company to comply with any directions given by the new licence company in performing any duty imposed on the existing licence company by virtue of a provision included in the scheme under sub-paragraph (1).

(3)A scheme may provide that, until the vesting of any foreign property, right or liability of the existing licence company in the new licence company is effective under the relevant foreign law, it is the duty of the existing licence company—

(a)to hold that property or right for the benefit of the new licence company, or

(b)to discharge that liability on behalf of the new licence company.

(4)A scheme may provide that in specified cases foreign property, rights or liabilities acquired or incurred by an existing licence company after the scheme comes into force are immediately to become property, rights or liabilities of the new licence company; and in relation to such property, rights or liabilities the scheme may make provision equivalent to that in sub-paragraphs (1) to (3).

(5)Nothing in any provision included in a scheme by virtue of this paragraph affects the law of any part of the United Kingdom as it applies to the vesting of any foreign property, right or liability in the new licence company by virtue of the scheme.

(6)References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have to be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.

(7)Any expenses incurred by an existing licence company in consequence of any provision included in a scheme by virtue of this paragraph must be met by the new licence company.

(8)Duties imposed on an existing licence company or a new licence company by virtue of this paragraph are enforceable in the same way as if they were imposed by a contract between the existing licence company and the new licence company.

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Commencement Information

I27Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Supplementary provisions of schemesE+W+S+N.I.

9(1)A scheme may contain supplementary, consequential and transitional provision for the purposes of, or in connection with, any provision of the scheme.E+W+S+N.I.

(2)In particular a scheme may provide—

(a)that for purposes connected with any transfers made in accordance with the scheme (including the transfer of rights and liabilities under an enactment) the new licence company is to be treated as the same person in law as the existing licence company;

(b)that (so far as may be necessary for the purposes of or in connection with any such transfers) agreements made, transactions effected and other things done by or in relation to the existing licence company are to be treated as made, effected or done by or in relation to the new licence company;

(c)that (so far as may be necessary for the purposes of or in connection with any such transfers) references in any agreement (whether or not in writing) or in any document to, or to any officer of, the existing licence company are to have effect with such modifications as the scheme may specify;

(d)that proceedings commenced by or against the existing licence company are to be continued by or against the new licence company;

(e)that contracts of employment with the existing licence company are not to terminate and that periods of employment with the existing licence company are to count for all purposes as periods of employment with the new licence company;

(f)that disputes about the effect of the scheme between the existing licence company and the new licence company, between either of them and any other licence company or between different companies which are other licence companies are to be referred to such arbitration as may be specified in or determined under the scheme;

(g)that determinations on such arbitrations are conclusive for all purposes;

(h)that certificates given jointly by two or more of the licence companies mentioned in paragraph (f) as to the effect of the scheme as between the licence companies giving the certificates are conclusive for all purposes.

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Commencement Information

I28Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

AssistanceE+W+S+N.I.

10(1)The new licence company, the existing licence company and any other licence companies which are likely to be affected by a scheme must provide the Secretary of State with all such information and other assistance as the Secretary of State may reasonably require for the purposes of, or in connection with, the exercise of any power conferred by paragraph 3.E+W+S+N.I.

(2)If a company without reasonable excuse fails to do anything required of it by sub-paragraph (1) it is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Commencement Information

I29Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Effect of air traffic administration orderE+W+S+N.I.

11While an air traffic administration order is in force in relation to an existing licence company anything which the company is permitted or required to do—E+W+S+N.I.

(a)by paragraph 3 or 10, or

(b)in consequence of any provision of a scheme,

is effective only if it is done on the company’s behalf by its air traffic administrator.

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Commencement Information

I30Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Section 33.

SCHEDULE 3E+W+S+N.I. Air traffic administration orders: Northern Ireland

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Commencement Information

I31Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

1In their application to a licence company formed and registered under the M5Companies (Northern Ireland) Order 1986, sections 26 to 32 and Schedules 1 and 2 have effect with the modifications made by this Schedule.E+W+S+N.I.

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Commencement Information

I32Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

2(1)Section 26 is modified as follows.E+W+S+N.I.

(2)In subsection (2) for “Part II of the 1986 Act” substitute “ Part III of the 1989 Order ”.

(3)In subsection (5) for “Parts I to VII of the 1986 Act” substitute “ Parts II to VII of the 1989 Order ”.

(4)In subsection (6)—

(a)for “the 1986 Act” substitute “ the 1989 Order ”, and

(b)for “the M6Insolvency Act 1986” substitute “ the M7Insolvency (Northern Ireland) Order 1989 ”.

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Commencement Information

I33Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

3(1)Section 28 is modified as follows.E+W+S+N.I.

(2)In subsection (3) for paragraph (a) substitute—

(a)the Secretary of State certifies that but for section 27 it would in his opinion be appropriate for the Department of Enterprise, Trade and Investment to petition for the company’s winding up under Article 104A of the 1989 Order (petition following inspectors’ report etc), and.

(3)In subsection (3)(b) for “section 124A” substitute “ Article 104A ”.

(4)In subsection (6) for “section 123 of the 1986 Act” substitute “ Article 103 of the 1989 Order ”.

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Commencement Information

I34Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

4In section 29(5) for “the 1986 Act” substitute “ the 1989 Order ”.E+W+S+N.I.

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Commencement Information

I35Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

5(1)Section 30 is modified as follows.E+W+S+N.I.

(2)In subsection (2) for “Section 9(4) and (5) of the 1986 Act” substitute “ Article 22(4) and (5) of the 1989 Order ”.

(3)In subsection (3)—

(a)for “Section 10(1), (2), (4) and (5) of the 1986 Act” substitute “ Article 23(1), (2) and (4) of the 1989 Order ”;

(b)in paragraphs (a), (b), (c) and (d) for “subsection” substitute “ paragraph ”.

(4)In subsection (5)—

(a)for “section 411 of the 1986 Act” substitute “ Article 359 of the 1989 Order ”, and

(b)for “Parts I to VII of that Act” substitute “ Parts II to VII of that Order ”.

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Commencement Information

I36Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

6For Schedule 1 substitute—E+W+S+N.I.

SCHEDULE 1E+W+S+N.I. Air traffic administration orders: general

Part IE+W+S+N.I. Modifications of 1989 Order

IntroductionE+W+S+N.I.

1This Part of this Schedule applies if an air traffic administration order is made in Northern Ireland.

General application of provisions of 1989 OrderE+W+S+N.I.

2Articles 24 to 35 and 39 of the 1989 Order (which relate to administration orders under Part III of that Order) apply with the modifications specified in this Part of this Schedule.

General modificationsE+W+S+N.I.

3In those Articles as applied by this Part of this Schedule—

(a)references to an administration order are to an air traffic administration order, and

(b)references to an administrator are to an air traffic administrator.

Effect of orderE+W+S+N.I.

4In Article 24 of the 1989 Order (effect of order) as applied by this Part of this Schedule—

(a)the requirement in paragraph (1)(a) that any petition for the winding up of the company shall be dismissed does not prejudice the air traffic administration order if it is made by virtue of section 27 above,

(b)the reference in paragraph (3)(d) to proceedings includes a reference to any proceedings under or for the purposes of section 20 above, and

(c)paragraph (3)(d) has effect as if after “its property” there were inserted “, and no right of re-entry or forfeiture may be enforced against the company in respect of any land,”.

Appointment of air traffic administratorE+W+S+N.I.

5In Article 26 of the 1989 Order (appointment of administrator) as applied by this Part of this Schedule for paragraph (3) substitute—

“(3)An application for an order under paragraph (2) may be made—

(a)by the Secretary of State,

(b)by the CAA with the Secretary of State’s consent,

(c)by any continuing air traffic administrator of the company, or

(d)where there is no such air traffic administrator, by the company, the directors or any creditor or creditors of the company. ”

General powers of air traffic administratorE+W+S+N.I.

6(1)Article 27 of the 1989 Order (general powers of administrator) as applied by this Part of this Schedule has effect as follows.

(2)In paragraph (1)(b) the reference to the powers specified in Schedule 1 to the 1989 Order includes a reference to a power to act on behalf of the company—

(a)for the purposes of this Part, or

(b)for the purposes of the exercise or performance of any power or duty which is conferred or imposed on the company by virtue of its holding a licence.

(3)In paragraph (4) the reference to a power conferred by the company’s memorandum or articles of association includes a reference to a power conferred by virtue of the company’s holding a licence.

Power to deal with charged propertyE+W+S+N.I.

7(1)Article 28 of the 1989 Order (power to deal with charged property) as applied by this Part of this Schedule has effect as follows.

(2)In paragraph (2) for “the purpose or one or more of the purposes specified in the administration order” substitute “one or both of the purposes of the administration order”.

(3)In paragraph (5)(b) for “in the open market by a willing vendor” substitute “for the best price which is reasonably available on a sale which is consistent with the purposes of the air traffic administration order”.

Duties of air traffic administratorE+W+S+N.I.

8(1)Article 29 of the 1989 Order (duties of administrator) as applied by this Part of this Schedule has effect as follows.

(2)For paragraph (2) substitute—

“(2)Subject to any directions of the High Court, it shall be the duty of the air traffic administrator to manage the affairs, business and property of the company in accordance with proposals under Article 35 as they are revised from time to time. ”

(3)In paragraph (3) omit sub-paragraph (a).

Discharge of orderE+W+S+N.I.

9(1)Article 30 of the 1989 Order (discharge and variation of administration order) as applied by this Part of this Schedule has effect as follows.

(2)For paragraphs (1) and (2) substitute—

“(1)An application for an air traffic administration order to be discharged may be made—

(a)by the air traffic administrator, on the ground that the purposes of the order have been achieved; or

(b)by the Secretary of State or (with his consent) by the CAA, on the ground that it is no longer necessary that those purposes are achieved. ”

(3)In paragraph (3) omit the words “or vary”.

(4)In paragraph (4)—

(a)omit the words “or varied” and “or variation”, and

(b)after “to the registrar” insert “, to the CAA and to the Secretary of State”.

Notice of making of orderE+W+S+N.I.

10In Article 33(2) of the 1989 Order (notice of order to be given by administrator) as applied by this Part of this Schedule after “to the registrar” insert “,to the CAA,to the Secretary of State”.

Statement of proposalsE+W+S+N.I.

11In Article 35 of the 1989 Order (statement of proposals) as applied by this Part of this Schedule for paragraphs (1) and (2) substitute—

“(1)Where an air traffic administration order has been made, the air traffic administrator shall, within 3 months (or such longer period as the High Court may allow) after the making of the order, send a statement of his proposals for achieving the purposes of the order—

(a)to the Secretary of State,

(b)to the CAA,

(c)to all creditors of the company (so far as he is aware of their addresses), and

(d)to the registrar.

(2)The air traffic administrator may from time to time revise those proposals.

(2A)If the air traffic administrator proposes to make revisions which appear to him to be substantial, he shall before making them send a statement of the proposed revisions—

(a)to the Secretary of State,

(b)to the CAA,

(c)to all creditors of the company (so far as he is aware of their addresses), and

(d)to the registrar.

(2B)The air traffic administrator shall give a copy of any statement under paragraph (1) or (2A) to all members of the company before the end of the period described in paragraph (1) or, as the case may be, before making the revisions.

(2C)The requirement in paragraph (2B) is satisfied if the administrator—

(a)sends a copy of the statement to all members of the company (so far as he is aware of their addresses), or

(b)publishes in the prescribed manner a notice stating an address to which members should write for copies of the statement to be sent to them free of charge. ”

Applications to courtE+W+S+N.I.

12(1)Article 39 of the 1989 Order (protection of interests of creditors and members) as applied by this Part of this Schedule has effect as follows.

(2)After paragraph (1) insert—

“(1A)If a creditor or member of the company makes an application under paragraph (1), the court shall give notice of the application to the Secretary of State, who shall be entitled to be heard by the court in connection with the application.

(1B)At any time when an air traffic administration order is in force the Secretary of State or (with his consent) the CAA may apply to the court by petition for an order under this Article on one or both of the following grounds.

(1C)The first ground is that the air traffic administrator has exercised or is exercising or proposing to exercise his powers in relation to the company in a manner which will not best ensure the achievement of the purposes of the order.

(1D)The second ground is that he has exercised or is exercising or proposing to exercise his powers in relation to the company in a manner which involves a contravention of—

(a)a condition of the licence granted under Chapter I of Part I of the Transport Act 2000, or

(b)a duty imposed by section 8(1) of that Act, or

(c)any other requirement imposed on the company by virtue of its holding the licence. ”

(3)Omit paragraph (3).

(4)In paragraph (4) omit the words “Subject to paragraph (3),”.

(5)After that paragraph insert—

“(4A)Provision may be made by virtue of paragraph (4)(d) that the air traffic administration order is to be discharged from such date as may be specified in the order unless, before that date, such measures are taken as the court thinks fit for the purpose of protecting the interests of creditors. ”

(6)For paragraph (6) substitute—

“(6)Where an air traffic administration order is discharged, the air traffic administrator shall within 14 days after the date on which the discharge takes effect send an office copy of the order under this Article—

(a)to the Secretary of State,

(b)to the CAA, and

(c)to the registrar;

and if, without reasonable excuse, the air traffic administrator contravenes this paragraph, he shall be guilty of an offence and, for continued contravention, he shall be guilty of a continuing offence. ”

Part IIE+W+S+N.I. Other provisions

General adaptationsE+W+S+N.I.

13(1)References in the 1989 Order (except in Articles 21 to 23 and 36 to 38), or in any other enactment passed before the day on which this Act is passed, to an administration order under Part III of that Order, to an application for such an order and to an administrator include references (respectively) to an air traffic administration order, to an application for an air traffic administration order and to an air traffic administrator.

(2)References in the 1989 Order, or in any other enactment passed before the day on which this Act is passed, to an enactment contained in Part III of that Order include references to that enactment as applied by section 30 above or Part I of this Schedule.

(3)But—

(a)sub-paragraph (1) applies in relation to a reference in an enactment contained in Part III of the 1989 Order only so far as necessary for the purposes of the operation of the provisions of that Part as so applied;

(b)sub-paragraphs (1) and (2) apply subject to Part I of this Schedule.

SavingE+W+S+N.I.

14The provisions of this Schedule are without prejudice to the power conferred by Article 359 of the 1989 Order (insolvency rules) as modified by paragraph 13(1) and (2).

InterpretationE+W+S+N.I.

15(1)In this Schedule “the 1989 Order” means the M8Insolvency (Northern Ireland) Order 1989.

(2)For the purposes of this Schedule and any modification of the 1989 Order made by this Schedule—

(a)an air traffic administration order is an order made under section 27 or 28 above;

(b)an air traffic administrator is a person appointed by the court to achieve the purposes of an air traffic administration order;

(c)the CAA is the Civil Aviation Authority.

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Commencement Information

I37Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

Section 36.

SCHEDULE 4E+W+S+N.I. Licence holders: land

1The M9Civil Aviation Act 1982 shall be amended as follows.E+W+S+N.I.

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Marginal Citations

2After section 42 (acquisition of land by CAA) insert the following—E+W+S+N.I.

42A Acquisition of land: air traffic services licence holders.

(1)A licence holder may be authorised by the Secretary of State to acquire land in Great Britain compulsorily for any purpose connected with the carrying out of the activities authorised by the licence.

(2)Where a licence holder proposes to acquire, otherwise than by agreement, any land in Northern Ireland—

(a)which is required by the licence holder for any purpose connected with the carrying out of the activities authorised by the licence, or

(b)as to which it can reasonably be foreseen that it will be so required,

the licence holder may apply to the Secretary of State for an order vesting the land in it, and the Secretary of State shall have power to make such an order.

(3)The Secretary of State shall not grant an authorisation under subsection (1) or an order under subsection (2) to a licence holder in respect of land which is owned by another licence holder who—

(a)is using it, or

(b)will, in the opinion of the Secretary of State, use it at some time in the period of five years beginning with the date on which he receives the request for the authorisation or order.

(4)A reference in subsection (3) to use of land by a licence holder is a reference to use for a purpose connected with the carrying out of the activities authorised by the licence.

(5)The following provisions of section 42 shall apply for the purposes of this section in relation to a licence holder as they apply for the purposes of that section in relation to the CAA—

(a)in subsection (1), the words from “and the following enactments” to the end,

(b)subsection (3),

(c)subsection (5) (with the reference to acquisition for the purposes of the CAA’s undertaking being construed as a reference to acquisition in connection with the carrying out of the activities authorised by the licence), and

(d)subsection (6).

3In section 43(1) (rights over land to bind grantor’s successors) after paragraph (b) insert—E+W+S+N.I.

or,

(c)for any purpose connected with the carrying out of the activities authorised by the licence, to a licence holder,.

4(1)Section 44 (power to obtain rights over land) shall be amended as follows.E+W+S+N.I.

(2)In subsection (6) after paragraph (b) insert—

and

(c)if the relevant authority in whose favour the order was made is a licence holder, the licence holder,.

(3)For subsection (7) substitute—

(7)The ownership of anything shall not be affected by reason only that it is placed on or under, or affixed, to, any land in pursuance of any such order.

(7A)So long as any such order is in force, no person shall, except with the necessary consent, wilfully interfere—

(a)with any works carried out on any land in pursuance of the order, or

(b)with anything installed on, under, over or across any land in pursuance of the order.

(7B)The necessary consent is—

(a)if the relevant authority in whose favour the order is made is the Secretary of State or Eurocontrol, the consent of the Secretary of State,

(b)if that relevant authority is the CAA, the consent of the Secretary of State or the CAA, and

(c)if that relevant authority is a licence holder, the consent of the licence holder.

(4)In subsection (12) the following shall be inserted after paragraph (c)—

and

(d)a licence holder;.

5In section 46(10) (control over land: relevant authorities) after paragraph (d) insert—E+W+S+N.I.

and

(e)a licence holder (within the meaning of section 105(1) below);.

6(1)Section 48 (Secretary of State’s powers in respect of highways, &c.) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1) for “or the CAA” substitute (in each place) “ , the CAA or a licence holder ”.

(3)In subsection (9) after “the CAA” insert (in each place) “ or a licence holder ”.

7In section 49 (acquisition of land for purpose related to highway) after subsection (3) insert—E+W+S+N.I.

(3A)A licence holder’s power of acquiring land compulsorily under this Act may be exercised for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order made under section 48(1) above in relation to land which is vested in the licence holder or which the licence holder proposes to acquire or for any other purpose for which land is required in connection with such an order.

8(1)Section 50 (powers of entry) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1)(a), (b) and (c) after “the CAA” insert “ or a licence holder ”.

(3)In subsection (1)(d) after “the CAA” insert “ , a licence holder (within the meaning of section 105(1) below) ”.

(4)In subsection (3)(a), (b) and (c) for “or the CAA” substitute “ , the CAA or a licence holder ”.

(5)In subsection (7) for paragraph (a) substitute—

(a)in a case falling within subsection (1)(a) to (c) above in respect of the CAA, the CAA,

(aa)in a case falling within subsection (1)(a) to (c) above in respect of a licence holder, the licence holder,.

9In section 51(7)(a) (statutory undertakers) after “the CAA” insert “ or a licence holder ”.E+W+S+N.I.

10(1)Section 52 (displacements from land) shall be amended as follows.E+W+S+N.I.

(2)After subsection (1)(c) (and before the word “or”) insert—

(ca)a licence holder has acquired land for purposes connected with the carrying out of the activities authorised by the licence;.

(3)In subsection (2)(a) for “or (c)” substitute “ , (c) or (ca) ”.

(4)In subsection (3)(a) after “(c)” insert “ , (ca) ”.

11(1)Section 53 (planning decisions: compensation) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for “entitled to recover from the CAA” substitute “ entitled to recover from the relevant person ”,

(b)for paragraph (b)(iii) substitute—

(iii)to secure the safe and efficient operation of apparatus which is in the possession of a licence holder and is provided for the purpose of the activities authorised by the licence.

(3)In subsection (2) for “shall pay the CAA” substitute “ shall refund to the person who paid that sum ”.

(4)In subsection (3)—

(a)for “such a need as aforesaid in respect of an aerodrome or apparatus owned by the CAA,” substitute “ a need referred to in subsection (1)(b)(i) to (iii), ”,

(b)for “given to the CAA” substitute “ given to the relevant person ”, and

(c)for “require the CAA” substitute “ require the relevant person ”.

(5)In subsection (4) for “the CAA” substitute (in each place) “ the relevant person ”.

(6)In subsection (7) for paragraph (b) and the words following it substitute—

(b)the decision would not have been taken but for the need to secure the safe and efficient operation of apparatus which is in the possession of a licence holder and is provided for the purpose of the activities authorised by the licence,

the Department shall be entitled to recover from the licence holder a sum equal to that compensation.

(7)In subsection (8) for “the CAA” substitute “ the licence holder ”.

(8)After subsection (9) insert—

(10)The relevant person for the purposes of this section is—

(a)in a case to which subsection (1)(b)(i) or (ii) applies, the CAA, and

(b)in a case to which subsection (1)(b)(iii) applies, the licence holder.

12In section 54(2) (consecrated land and burial grounds) for “in relation to any land acquired by the CAA” substitute in relation to any land— E+W+S+N.I.

(a)acquired by the CAA, or

(b)acquired by a licence holder for purposes connected with the carrying out of the activities authorised by the licence,.

13(1)Section 55 (registration of orders, &c.) shall be amended as follows.E+W+S+N.I.

(2)In subsection (5) after “the CAA” insert “ or a licence holder ”.

(3)In subsection (7)(a) after sub-paragraph (ii) (and after the word “and”) insert—

(iii)if the order is made in favour of a licence holder, the licence holder; and.

(4)In subsection (7)(c) after sub-paragraph (i) (and before the word “and”) insert—

(ia)if the order is made in respect of a licence holder, the licence holder;.

14In section 105(1) (interpretation) after the definition of “the Lands Tribunal” insert—E+W+S+N.I.

licence holder” means a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services);.

15In Schedule 6 (modifications of Schedule 6 to the M10Local Government Act (Northern Ireland) 1972)—E+W+S+N.I.

(a)in paragraph 2 after “Civil Aviation Authority” insert “ or (as the case may be) the licence holder ”,

(b)in paragraph 4 after “Civil Aviation Authority” insert “ or a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (“a licence holder”) ”, and

(c)in paragraphs 5 and 6 after “Civil Aviation Authority” (in each place) insert “ or (as the case may be) the licence holder ”.

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Marginal Citations

16(1)Schedule 7 (certain orders under Part II: supplementary) shall be amended as follows.E+W+S+N.I.

(2)For the words “the CAA”—

(a)substitute “ the CAA or a licence holder ” in paragraph 1(1), in the first place where the words appear in paragraph 1(2), and in paragraph 12(2)(a), and

(b)substitute “ the CAA or the licence holder ” in the second place where the words appear in paragraph 1(2).

(3)After paragraph 5(2)(a) insert—

(aa)the licence holder in the case of an order under section 44 of this Act made in favour of a licence holder;.

(4)After paragraph 12(2)(b) insert—

(c)from the licence holder in the case of an order made in favour of a licence holder.

17In Schedule 13 (subordinate instruments), in Part I after the entry for section 42(2) insert—E+W+S+N.I.

Section 42A(2) (order vesting land in licence holder).

Section 37.

SCHEDULE 5E+W+S+N.I. Licence holders as statutory undertakers

Miscellaneous enactmentsE+W+S+N.I.

1(1)For the purposes of the provisions mentioned in sub-paragraph (2)—E+W+S+N.I.

(a)a licence holder carrying out activities authorised by its licence is to be taken to be a statutory undertaker;

(b)its undertaking as licence holder is to be taken to be a statutory undertaking.

(2)The provisions are—

(a)the M11Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(b)section 4 of the M12Requisitioned Land and War Works Act 1948;

(c)the National Parks and Access to the M13Countryside Act 1949;

(d)the M14Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(e)the M15Landlord and Tenant Act 1954;

(f)section 39(6)(b) of the M16Opencast Coal Act 1958;

(g)section 11 of the M17Land Compensation Act 1961;

(h)section 3(4) of the M18Flood Prevention (Scotland) Act 1961;

(i)section 18 of the M19Land Compensation (Scotland) Act 1963;

(j)Schedule 3 to the M20Harbours Act 1964;

(k)Schedule 6 to the M21Gas Act 1965;

(l)the M22New Towns (Scotland) Act 1968;

(m)paragraph 6 of Schedule 2 to the M23Countryside Act 1968;

(n)section 22 of the M24Sewerage (Scotland) Act 1968;

(o)sections 283, 296 and 611 of the M25Housing Act 1985.

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Marginal Citations

Public healthE+W+S+N.I.

2(1)The provisions mentioned in sub-paragraph (2) apply in relation to—E+W+S+N.I.

(a)a licence holder carrying out activities authorised by its licence, and

(b)any property which is owned by the licence holder,

as they apply in relation to a railway company and its railway.

(2)The provisions are—

(a)section 330 of the M26Public Health Act 1936 (power of certain undertakers in England and Wales to alter sewers);

(b)section 333 of that Act (protection of certain undertakings in England and Wales from works executed under that Act);

(c)section 107 of the M27Public Health (Scotland) Act 1897 (protection of certain undertakings in Scotland from works connected with sewers).

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Marginal Citations

Civil defenceE+W+S+N.I.

3(1)For the purposes of the M28Civil Defence Act 1939—E+W+S+N.I.

(a)a licence holder carrying out activities authorised by its licence is to be taken to be a public utility undertaker;

(b)its undertaking as licence holder is to be taken to be a public utility undertaking.

(2)For the purposes of the 1939 Act as it applies in relation to a licence holder the appropriate department is the Secretary of State.

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Marginal Citations

Pipe-linesE+W+S+N.I.

4(1)For the purposes of the M29Pipe-lines Act 1962—E+W+S+N.I.

(a)a licence holder carrying out activities authorised by its licence is to be taken to be a statutory undertaker;

(b)its undertaking as licence holder is to be taken to be a statutory undertaking.

(2)For the purposes of section 13 of the 1962 Act, in relation to a licence holder operational land is land—

(a)which is used by the licence holder, or by a company associated with it, for the purpose of carrying out activities authorised by the licence, or

(b)in which the licence holder, or a company associated with it, holds an interest for that purpose.

(3)If for the purposes of section 13 of the 1962 Act a question arises whether land is operational land in relation to a licence holder the question must be decided by the Secretary of State.

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Marginal Citations

New townsE+W+S+N.I.

5(1)Section 79 of the M30New Towns Act 1981 (meaning of statutory undertakers and operational land) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1) after “the Civil Aviation Authority,” insert or

(ba)a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services),.

(3)After subsection (1) insert—

(1A)For the purposes of this Act—

(a)a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;

(b)the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.

(4)In subsection (3) after paragraph (b) insert—

(ba)in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, means any land which is used by the licence holder (or by a company associated with it) for the purpose of carrying out activities authorised by the licence or land in which the licence holder (or a company associated with it) holds an interest for that purpose.

(5)After subsection (3) insert—

(4)If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.

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Marginal Citations

PlanningE+W+S+N.I.

6(1)Section 262 of the M31Town and Country Planning Act 1990 (meaning of statutory undertakers) shall be amended as follows.E+W+S+N.I.

(2)In subsection (3) for “and the Civil Aviation Authority” substitute “ , the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) ”.

(3)In subsection (5)(b) for “and the Civil Aviation Authority” substitute “ , the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) ”.

(4)After subsection (5) insert—

(5A)For the purposes of this Act—

(a)a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;

(b)the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.

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Marginal Citations

7In section 263 of the M32Town and Country Planning Act 1990 (meaning of operational land) after subsection (2) insert—E+W+S+N.I.

(2A)Subsection (1) does not apply in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000.

(2B)Subject to section 264, in this Act “operational land” means, in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, land—

(a)which is used by the licence holder, or by a company associated with it, for the purpose of carrying out activities authorised by the licence, or

(b)in which the licence holder, or a company associated with it, holds an interest for that purpose.

(2C)If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.

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Marginal Citations

8In section 91(3) of the M33Planning (Listed Buildings and Conservation Areas) Act 1990 (meaning of statutory undertakers) in paragraph (b) after “the Civil Aviation Authority,” there shall be inserted “ a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence), ”.E+W+S+N.I.

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Marginal Citations

9In section 39(6) of the M34Planning (Hazardous Substances) Act 1990 (persons deemed to be statutory undertakers) after “the Civil Aviation Authority” there shall be inserted “ , a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence) ”.E+W+S+N.I.

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10(1)Section 214 of the M35Town and Country Planning (Scotland) Act 1997 (meaning of statutory undertakers) shall be amended as follows.E+W+S+N.I.

(2)In subsection (3) for “and the Civil Aviation Authority” substitute “ , the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) ”.

(3)In subsection (5)(b) for “and the Civil Aviation Authority” substitute “ , the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) ”.

(4)After subsection (5) insert—

(5A)For the purposes of this Act—

(a)a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;

(b)the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.

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Marginal Citations

11In section 215 of the M36Town and Country Planning (Scotland) Act 1997 (meaning of operational land) after subsection (2) insert—E+W+S+N.I.

(2A)Subsection (1) does not apply in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000.

(2B)Subject to section 216, in this Act “operational land” means, in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, land—

(a)which is used by the licence holder, or by a company associated with it, for the purpose of carrying out activities authorised by the licence, or

(b)in which the licence holder, or a company associated with it, holds an interest for that purpose.

(2C)If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.

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Marginal Citations

12In section 81(3) of the M37Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (meaning of statutory undertakers) in paragraph (b) after “the Civil Aviation Authority,” there shall be inserted “ a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence), ”.E+W+S+N.I.

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Marginal Citations

13In section 38(5) of the M38Planning (Hazardous Substances) (Scotland) Act 1997 (persons deemed to be statutory undertakers) after “the Civil Aviation Authority” there shall be inserted “ , a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence) ”.E+W+S+N.I.

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Marginal Citations

Water and drainageE+W+S+N.I.

14In Schedule 13 to the M39Water Industry Act 1991 (protection of undertakings) in paragraph 1(5) after paragraph (j) there shall be inserted—E+W+S+N.I.

(k)the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that it is the person’s undertaking as licence holder.

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Marginal Citations

15In Schedule 22 to the M40Water Resources Act 1991 (protection of undertakings) in paragraph 1(4) after paragraph (j) there shall be inserted—E+W+S+N.I.

(k)the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that it is the person’s undertaking as licence holder.

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Marginal Citations

16In Schedule 6 to the M41Land Drainage Act 1991 (protection of undertakings) in paragraph 1(1) after paragraph (j) there shall be inserted—E+W+S+N.I.

(k)the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that it is the person’s undertaking as licence holder.

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Marginal Citations

DevelopmentE+W+S+N.I.

17In section 161 of the M42Leasehold Reform, Housing and Urban Development Act 1993 (vesting of undertakers’ land by order etc) in the entry relating to statutory undertakers in subsection (7) after paragraph (b) there shall be inserted—E+W+S+N.I.

(ba)a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that the person is carrying out activities authorised by the licence;.

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Marginal Citations

18In section 19 of the M43Regional Development Agencies Act 1998 (vesting of undertakers’ land by order etc) in the entry relating to statutory undertakers in subsection (10) after paragraph (c) there shall be inserted—E+W+S+N.I.

(ca)a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that the person is carrying out activities authorised by the licence,.

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Marginal Citations

Coal mining subsidenceE+W+S+N.I.

19In section 52(1) of the M44Coal Mining Subsidence Act 1991 (interpretation) in paragraph (b) of the entry relating to statutory undertakers after “the Civil Aviation Authority” there shall be inserted “ , any person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence) ”.E+W+S+N.I.

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Marginal Citations

Section 63.

SCHEDULE 6E+W+S+N.I. Transfer schemes

AllocationE+W+S+N.I.

1(1)Paragraphs 2 and 3 apply if the following two conditions are satisfied.E+W+S+N.I.

(2)The first condition is that—

(a)provision is made by a transfer scheme for the transfer to a transferee of a specified part of a transferor’s undertaking, or

(b)provision is made by a transfer scheme (or transfer schemes) for the transfer to different transferees of different specified parts of a transferor’s undertaking.

(3)The second condition is that any property, right or liability falls partly in one part of the undertaking and partly in another or others; and the parts of the undertaking are—

(a)the part (or each part) transferred, and

(b)if a part is retained by the transferor, that part.

(4)In paragraphs 2 and 3 references to the parties are to—

(a)the transferee or transferees concerned, and

(b)the transferor (if he retains part of the undertaking).

(5)Paragraphs 2 and 3 do not apply to rights or liabilities under a contract of employment.

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Commencement Information

I38Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

2(1)If the nature of the property, right or liability permits, it must be apportioned in appropriate proportions between the parties; and each appropriate part must be taken to have been transferred to a transferee or retained by the transferor.E+W+S+N.I.

(2)If an estate or interest in land is to be apportioned under sub-paragraph (1)—

(a)any rent payable under a lease in respect of the estate or interest, and

(b)any rent charged on the estate or interest,

must be apportioned so that an appropriate part of the rent is payable in respect of (or charged on) the appropriate part of the estate or interest.

(3)Sub-paragraph (2) applies, with any necessary modifications, in relation to any feuduty payable in respect of an estate or interest in land in Scotland as it applies in relation to any rent charged on an estate or interest in land.

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Commencement Information

I39Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

3(1)If the nature of the property, right or liability does not permit it to be apportioned as mentioned in paragraph 2(1), it must be taken to have been transferred to a transferee or retained by the transferor in accordance with the tests in sub-paragraphs (2) and (3).E+W+S+N.I.

(2)In the case of an estate or interest in land the test is—

(a)which one of the parties has the greater (or greatest) need of the estate or interest for business purposes, or

(b)if it is not possible to say that one of them has the greater (or greatest) need, which one of them is likely to make more (or the most) use of the land.

(3)In the case of any other property or any right or liability, the test is which one of the parties is likely—

(a)to make more (or the most) use of the property, or

(b)to be more (or the most) affected by the right or liability.

(4)The tests in sub-paragraphs (2) and (3) must be applied at—

(a)the time when the transfer scheme comes into force (or schemes come into force), or

(b)if there are two or more schemes and they come into force at different times, the later or latest of the times.

(5)The preceding provisions of this paragraph apply subject to any arrangements made by the parties as to the protection of the interests of any of them.

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Commencement Information

I40Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

IdentificationE+W+S+N.I.

4(1)Paragraphs 5 to 7 apply if—E+W+S+N.I.

(a)provision is made by a transfer scheme for the transfer to a transferee of a specified part of a transferor’s undertaking, or

(b)provision is made by a transfer scheme (or transfer schemes) for the transfer to different transferees of different specified parts of a transferor’s undertaking.

(2)It is immaterial whether or not the second condition set out in paragraph 1 is satisfied.

(3)In paragraphs 5 to 7 references to the parties are to—

(a)the transferee or transferees concerned, and

(b)the transferor (if he retains part of the undertaking).

(4)Paragraphs 5 to 7 do not apply to rights or liabilities under a contract of employment.

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Commencement Information

I41Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

5(1)The parties must, so far as practicable, make any written agreement necessary or expedient to identify what is to be taken to have been transferred to whom and what (if anything) is to be taken to have been retained.E+W+S+N.I.

(2)The duty under sub-paragraph (1) has effect before as well as after the coming into force of any transfer scheme concerned.

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Commencement Information

I42Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

6(1)If the Secretary of State thinks it is unlikely that agreement will be reached on a matter where agreement is required under paragraph 5 he may serve a notice on the parties.E+W+S+N.I.

(2)A notice may be served—

(a)whether or not representations are made by a party;

(b)before or after the coming into force of any transfer scheme concerned.

(3)A notice may specify the terms of the agreement which the Secretary of State thinks the parties should have made under paragraph 5 in relation to the matter concerned.

(4)If a notice is served under this paragraph the parties are to be treated as having made an agreement in the terms specified.

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Commencement Information

I43Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

7(1)This paragraph applies if—E+W+S+N.I.

(a)an agreement made under paragraph 5, or

(b)an agreement treated as made by paragraph 6,

contains provision to the effect that any property, right or liability is to be taken to have been transferred to a transferee.

(2)The property, right or liability is to be treated as having been transferred to the transferee by the scheme concerned (or, if there are two or more schemes, such of them as the agreement specifies).

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Commencement Information

I44Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Discharge of functionsE+W+S+N.I.

8(1)Paragraphs 9 and 10 apply if—E+W+S+N.I.

(a)provision is made by a transfer scheme for the transfer to a transferee of a specified part of a transferor’s undertaking, or

(b)provision is made by a transfer scheme (or transfer schemes) for the transfer to different transferees of different specified parts of a transferor’s undertaking.

(2)It is immaterial whether or not the second condition set out in paragraph 1 is satisfied.

(3)In paragraphs 9 and 10 references to the parties are to—

(a)the transferee or transferees concerned, and

(b)the transferor (if he retains part of the undertaking).

(4)Paragraphs 9 and 10 do not apply to rights or liabilities under a contract of employment.

(5)Sub-paragraph (6) applies if at the time a transfer scheme comes into force a transferor or transferee under the scheme is—

(a)a company which is wholly owned by the Crown;

(b)a company which is wholly owned by the CAA;

(c)a company which is a wholly owned subsidiary of a company falling within paragraph (a) or (b).

(6)Paragraphs 9 and 10 cease to apply in relation to the scheme concerned at the time when the transferor or any one of the transferees under the scheme ceases to be a company which falls within any of paragraphs (a) to (c) of sub-paragraph (5).

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Commencement Information

I45Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

9(1)The parties must, so far as practicable, make any written agreement and execute any other instrument necessary or expedient to—E+W+S+N.I.

(a)give to any party (as against another or others) any rights and safeguards needed for carrying out the party’s functions;

(b)modify the division of the transferor’s undertaking in order to help the parties in carrying out their functions.

(2)An agreement or instrument under sub-paragraph (1) may provide—

(a)for the granting of leases and for the creation of other rights and liabilities over land (whether or not amounting in law to interests in land and whether or not involving the surrender of any existing interest or the creation of a new interest);

(b)for the granting of indemnities in connection with the severance of leases and other matters;

(c)for responsibility for registration of any matter in any statutory register.

(3)The duty under sub-paragraph (1) has effect before as well as after the coming into force of any transfer scheme concerned.

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Commencement Information

I46Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

10(1)If the Secretary of State thinks it is unlikely that agreement will be reached on a matter where agreement is required under paragraph 9 he may serve a notice on the parties.E+W+S+N.I.

(2)A notice may be served—

(a)whether or not representations are made by a party;

(b)before or after the coming into force of any transfer scheme concerned.

(3)A notice may specify the terms of the agreement which the Secretary of State thinks the parties should have made under paragraph 9 in relation to the matter concerned.

(4)If a notice is served under this paragraph the parties are to be treated as having made an agreement in the terms specified.

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Commencement Information

I47Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Transfers by agreementE+W+S+N.I.

11(1)If a transfer scheme provides for property, rights or liabilities to be transferred from a transferor to a transferee, they may agree that such of the property, rights or liabilities as are specified in the agreement are to be transferred from the transferee to the transferor.E+W+S+N.I.

(2)If one or more transfer schemes provide for different property, rights or liabilities to be transferred to different transferees, any transferee may agree with another that such of the property, rights or liabilities as are specified in the agreement are to be transferred from one to the other.

(3)This paragraph does not apply to rights or liabilities under a contract of employment.

(4)An agreement under this paragraph—

(a)must be in writing;

(b)must be made before the end of the required period;

(c)must be made with the Secretary of State’s approval.

(5)The required period is the period of 12 months starting with—

(a)the day on which the transfer scheme comes into force (or schemes come into force), or

(b)if there are two or more schemes and they come into force on different days, the later or latest of the days.

(6)An agreement under this paragraph may provide for a transfer to take effect on a date specified in or determined in accordance with the agreement; but the agreement may provide that a transfer is not to take effect unless the circumstances are such as the agreement specifies.

(7)When a transfer agreed under this paragraph takes effect the agreement has effect to transfer (in accordance with its provisions) the property, rights or liabilities concerned, subject to any enactment which provides for transactions to be registered in a statutory register.

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Commencement Information

I48Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Documents of titleE+W+S+N.I.

12(1)This paragraph applies if on a transfer under a transfer scheme a transferor is entitled to retain possession of any document relating in part to the title to, or to the management of, any land or other property transferred to a transferee.E+W+S+N.I.

(2)If the land or other property is situated in England and Wales—

(a)the transferor is to be treated as having given the transferee an acknowledgement in writing of the transferee’s right to production of the document and to delivery of copies of it, and

(b)section 64 of the M45Law of Property Act 1925 (production and safe custody of documents) is to apply to the acknowledgement and is to apply on the basis that the acknowledgement does not contain an expression of contrary intention.

(3)If the land or other property is situated in Scotland, subsections (1) and (2) of section 16 of the M46Land Registration (Scotland) Act 1979 (omission of certain clauses in deeds) is to have effect in relation to the transfer as if the transfer had been effected by deed and as if from each of those subsections the words “unless specially qualified” were omitted.

(4)If the land or other property is situated in Northern Ireland—

(a)the transferor is to be treated as having given the transferee an acknowledgement in writing of the transferee’s right to production of the document and to delivery of copies of it, and

(b)section 9 of the M47Conveyancing Act 1881 (which corresponds to section 64 of the M48Law of Property Act 1925) is to apply to the acknowledgement and is to apply on the basis that the acknowledgement does not contain an expression of contrary intention.

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Commencement Information

I49Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

Foreign property, rights and liabilitiesE+W+S+N.I.

13(1)This paragraph applies if a transfer scheme provides for the transfer of foreign property, rights or liabilities from a transferor to a transferee.E+W+S+N.I.

(2)The transferor and the transferee must take such steps as may be necessary to secure that the vesting of the property, rights or liabilities in the transferee is effective under the relevant foreign law; and the transferor must take the steps at such times as the transferee may specify in directions given to the transferor.

(3)Until the vesting of the property, rights or liabilities in the transferee is effective under the relevant foreign law, the transferor must—

(a)hold the property or rights for the transferee’s benefit, or

(b)discharge the liabilities on the transferee’s behalf.

(4)The transferor is to have all powers necessary for the performance of his duty under sub-paragraph (2), but the transferee must act on the transferor’s behalf (so far as possible) in the performance of that duty.

(5)Nothing in sub-paragraphs (2) to (4) affects the law of the United Kingdom (or of any part of the United Kingdom) as it applies to the vesting of the property, rights or liabilities in the transferee by virtue of the transfer scheme.

(6)References in this paragraph to foreign property, rights or liabilities are references to property, rights or liabilities as respects which any issue arising in any proceedings would be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.

(7)The transferee must meet any expenses incurred by the transferor in consequence of this paragraph.

(8)Duties imposed on the transferor or the transferee by this paragraph are enforceable in the same way as if they were imposed by a contract between them.

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Commencement Information

I50Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

CertificatesE+W+S+N.I.

14(1)This paragraph applies if—E+W+S+N.I.

(a)a transfer scheme provides for the transfer of property, rights or liabilities from a transferor to a transferee, and

(b)a certificate falling within sub-paragraph (2) is made jointly by or on behalf of the parties.

(2)A certificate falls within this sub-paragraph if it certifies that any specified property, right or liability—

(a)was intended to be, and was, vested in the transferee by virtue of the transfer, and

(b)has not been the subject of an agreement under paragraph 11.

(3)The certificate is to be conclusive evidence for all purposes of the facts it certifies.

(4)The reference in sub-paragraph (2) to property includes a reference to an interest in or right over property.

(5)Sub-paragraph (6) applies if—

(a)one of the parties requests the other to join in the preparation of a certificate, and

(b)they fail to agree the terms of a certificate within the period of one month starting with the day of the request.

(6)The parties must—

(a)refer the matter to the Secretary of State, and

(b)issue a certificate in such terms as may be specified in a direction given by him.

(7)The parties are the transferor and the transferee.

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Commencement Information

I51Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Restrictions on dealing with landE+W+S+N.I.

15(1)For the purposes of this paragraph a person is a party if—E+W+S+N.I.

(a)he is the transferor (or one of the transferors) under a transfer scheme and holds an interest in land immediately after the scheme comes into force, or

(b)he is the transferee (or one of the transferees) under the scheme and an interest in land is transferred to him under the scheme.

(2)For the purposes of this paragraph the relevant land is any land in which any party has an interest immediately after the scheme comes into force.

(3)On the representation of any of the parties the Secretary of State may give to the parties a direction stating that sub-paragraph (4) is to apply to such of the relevant land as the direction specifies.

(4)While the direction remains in force—

(a)no party may dispose of an interest in any of the specified land unless the Secretary of State consents;

(b)if a party proposes to dispose of such an interest and the Secretary of State thinks it necessary or expedient to exercise any of the powers set out in sub-paragraph (5) for the protection of any other party, the Secretary of State may exercise any of those powers.

(5)The powers are—

(a)power to consent to the proposed disposal subject to compliance with such conditions as the Secretary of State may see fit to impose;

(b)power to require a party to dispose of an interest in any of the specified land to such person and in such manner as may be specified in the requirement;

(c)power to require a party to acquire another party’s interest in any of the specified land.

(6)In sub-paragraph (5)(b) and (c) references to an interest include (but are not limited to) references to the interest whose disposal is proposed.

(7)A person who is not a party and who is dealing with a party (or with a person claiming under a party) in relation to land is not to be concerned to see or enquire—

(a)whether this paragraph applies (or has applied) in relation to any of the land;

(b)whether a direction under this paragraph has been given in relation to any of the land;

(c)whether this paragraph or any condition imposed or requirement made under it has been complied with in connection with the dealing or any other dealing concerning any of the land.

(8)No transaction between a person who is not a party (on the one hand) and a party or a person claiming under a party (on the other) is to be invalid by reason of any failure to comply with this paragraph or any condition imposed or requirement made under it.

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Commencement Information

I52Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Construction of agreements etcE+W+S+N.I.

16(1)This paragraph applies if—E+W+S+N.I.

(a)a transfer scheme provides for the transfer of property, rights or liabilities from a transferor to a transferee, and

(b)immediately before the coming into force of the scheme the transferor was entitled or subject to the property, rights or liabilities under an agreement to which he was then a party.

(2)This paragraph applies—

(a)whether or not the agreement is in writing;

(b)whether or not the transferor could assign the property, rights or liabilities.

(3)So far as the agreement relates to the property, rights or liabilities transferred to the transferee, as respects anything falling to be done after the coming into force of the scheme the agreement is to have effect as if—

(a)the transferee had been a party to it instead of the transferor;

(b)a reference to the transferor were a reference to the transferee;

(c)a reference to a person employed by (or engaged in the business of) the transferor and holding a specified office or serving in a specified capacity were a reference to such a person as the transferee may appoint or, in default of appointment, to a person with corresponding functions who is employed by (or engaged in the business of) the transferee;

(d)a reference in general terms to persons employed by, persons engaged in the business of, or agents of, the transferor were a reference to persons employed by, persons engaged in the business of, or agents of, the transferee.

(4)A reference mentioned in sub-paragraph (3)(b) or (c) may be express or implied; and if express it is immaterial how it is worded.

(5)It is immaterial how a reference mentioned in sub-paragraph (3)(d) is worded.

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Commencement Information

I53Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

17(1)This paragraph applies if—E+W+S+N.I.

(a)a transfer scheme provides for the transfer of property, rights or liabilities from a transferor to a transferee, and

(b)immediately before the coming into force of the scheme any provision of an agreement to which the transferor was not a party, any statutory provision or any provisions of a document (other than an agreement) related to the property, rights or liabilities transferred to the transferee.

(2)This paragraph applies—

(a)whether or not the agreement mentioned in sub-paragraph (1)(b) is in writing;

(b)whether or not the transferor could assign the property, rights or liabilities.

(3)So far as the agreement, provision or document relates to the property, rights or liabilities transferred to the transferee, as respects anything falling to be done after the coming into force of the scheme the agreement, provision or document is to have effect as if—

(a)a reference to the transferor were a reference to the transferee;

(b)a reference to a person employed by (or engaged in the business of) the transferor and holding a specified office or serving in a specified capacity were a reference to such a person as the transferee may appoint or, in default of appointment, to a person with corresponding functions who is employed by (or engaged in the business of) the transferee;

(c)a reference in general terms to persons employed by, persons engaged in the business of, or agents of, the transferor were a reference to persons employed by, persons engaged in the business of, or agents of, the transferee.

(4)A reference mentioned in sub-paragraph (3)(a) or (b) may be express or implied; and if express it is immaterial how it is worded.

(5)It is immaterial how a reference mentioned in sub-paragraph (3)(c) is worded.

(6)A reference mentioned in sub-paragraph (3) to the transferor may be a general reference to a class of persons of which the transferor is one (without the transferor being named).

(7)For the purposes of this paragraph a statutory provision is a provision contained in an Act or in a document made or issued under an Act; and here “Act” includes a private or local Act.

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Commencement Information

I54Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Proceedings etcE+W+S+N.I.

18(1)This paragraph applies if a transfer scheme provides for a transfer from a transferor to a transferee.E+W+S+N.I.

(2)From the coming into force of the scheme the transferee is to have the same rights, powers and remedies for ascertaining, perfecting or enforcing a right or liability transferred to him under the scheme as he would have had if the right or liability had at all times been a right or liability of his.

(3)From the coming into force of the scheme any person (other than the transferee) is to have the same rights, powers and remedies for ascertaining, perfecting or enforcing a right or liability transferred to the transferee under the scheme as he would have had if the right or liability had at all times been a right or liability of the transferee.

(4)The rights and powers which the transferee or any other person is to have include—

(a)rights and powers as to the taking or resisting of legal proceedings;

(b)rights and powers as to the making or resisting of applications to an authority.

(5)Sub-paragraph (6) applies if on the coming into force of the scheme legal proceedings or applications to an authority by or against the transferor are pending.

(6)The proceedings or applications must be continued by or against the transferee (to the transferor’s exclusion) in so far as they relate—

(a)to any property, rights or liabilities transferred to the transferee under the scheme, or

(b)to any agreement or enactment relating to any such property, rights or liabilities.

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Commencement Information

I55Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Third partiesE+W+S+N.I.

19(1)This paragraph applies if—E+W+S+N.I.

(a)an agreement is made by the parties under paragraph 5 or 9 or treated as made under paragraph 6 or 10, or

(b)an instrument is executed by the parties under paragraph 9.

(2)The agreement or instrument is to bind all other persons even if it would (apart from this sub-paragraph) have required the consent or concurrence of any other person.

(3)If as a result of the agreement or instrument the rights or liabilities of a person who is not a party become enforceable as to part against or by one party and as to part against or by another party—

(a)the parties must notify that person of the agreement or instrument;

(b)that person may within the period of 28 days (starting with the day he is notified) apply to the Secretary of State to give a direction to vary the agreement or instrument.

(4)If the Secretary of State is satisfied that the agreement or instrument operated unfairly against that person, the Secretary of State may give a direction to the parties requiring them to vary the agreement or instrument in a way specified in the direction.

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Commencement Information

I56Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

20(1)For the purposes of this paragraph—E+W+S+N.I.

(a)a party is a person who is a transferor or a transferee under the transfer scheme or schemes referred to in this paragraph;

(b)a third party is a person who is not a transferor or a transferee under the transfer scheme or schemes referred to in this paragraph.

(2)This paragraph applies if—

(a)a transfer scheme is made or transfer schemes are made,

(b)rights or liabilities of a third party are (apart from the scheme or schemes) enforceable against or by a transferor,

(c)in consequence of the scheme or schemes or of anything done under this Schedule the third party’s rights or liabilities become enforceable as to different parts against or by different parties, and

(d)the value of any property or interest of the third party is diminished as a result.

(3)Just compensation must be paid to the third party by one or more of these persons—

(a)the parties against or by whom the third party’s rights or liabilities become enforceable;

(b)the transferor concerned (if he does not fall within paragraph (a)).

(4)If it appears to the transferor that a person is or may be entitled to compensation the transferor must—

(a)notify the person that he is or may be entitled, and

(b)invite him to make representations to the transferor within the period of 14 days starting with the date the notification is made.

(5)But if the transferor does not know the person’s name and address he must instead publish (in a manner he thinks is appropriate) a notice which—

(a)contains information about the property or interest affected, and

(b)invites any person who thinks he is or may be entitled to compensation to make representations to the transferor within the period specified in the notice (which must not be less than 28 days starting with the date of publication of the notice).

(6)A dispute about whether (or how much) compensation is payable under this paragraph, or about who must pay or be paid it, must be referred to and determined by—

(a)an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),

(b)an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or

(c)an arbitrator appointed by the Lord Chancellor (if the proceedings are to be held in Northern Ireland).

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Commencement Information

I57Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

21(1)For the purposes of this paragraph—E+W+S+N.I.

(a)a third party is a person who is not a transferor or a transferee under the transfer scheme or schemes referred to in this paragraph;

(b)a transferred item is any property, right, liability, undertaking or part of an undertaking which is the subject of a transfer (or transfers) under the transfer scheme or schemes referred to in this paragraph.

(2)This paragraph applies if a transfer scheme is made (or transfer schemes are made) and there are court proceedings the parties to which are (or include) a third party and either—

(a)the transferor of a transferred item, or

(b)any transferee or transferees of the item.

(3)The third party may apply to the court at any stage in the proceedings on any of these grounds—

(a)that the issues in the proceedings depend on the identification, with regard to the transferred item, of what has been transferred to whom and what (if anything) has been retained and that the identification has not yet been made;

(b)that the issues in the proceedings raise a question of construction on the provisions of this Chapter which would not arise if the transferor of the transferred item and the transferee (or transferees) of it constituted a single person.

(4)If it appears to the court that such a ground is established it may hear and determine the proceedings on the first and second bases set out below.

(5)If the transferor of the transferred item is a party to the proceedings, the first basis is that the transferor represents and is answerable for the transferee (or transferees) of the item.

(6)If there is one transferee of the transferred item and he is a party to the proceedings, the first basis is that the transferee represents and is answerable for the transferor of the item.

(7)If there are two or more transferees of the transferred item and they are parties to the proceedings, the first basis is that the transferees represent and are answerable for the transferor of the item.

(8)If there are two or more transferees of the transferred item and one or more of them (but not both or all of them) are parties to the proceedings, the first basis is that—

(a)the transferee who is a party represents and is answerable for the transferor of the item and for the transferee of it who is not (or the transferees of it who are not) parties, or

(b)the transferees who are parties represent and are answerable for the transferor of the item and for the transferee of it who is not (or the transferees of it who are not) parties.

(9)The second basis is that the transferor of the transferred item and the transferee (or transferees) of it constitute a single person.

(10)If the court determines the proceedings on the first and second bases any judgment or order of the court is to bind both the transferor and the transferee (or transferees) of the transferred item.

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Commencement Information

I58Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

22(1)For the purposes of this paragraph a relevant person is a person who satisfies these conditions—E+W+S+N.I.

(a)he is a transferor or transferee under a transfer scheme or transfer schemes, and

(b)he might be prejudiced by paragraph 21 if there were court proceedings in which the scheme or schemes were an issue.

(2)A relevant person must keep each other relevant person informed of any court proceedings in which the scheme or schemes may become an issue.

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Commencement Information

I59Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

23(1)This paragraph applies if a person falling within sub-paragraph (3) (the claimant) claims that—E+W+S+N.I.

(a)he has been prejudiced by paragraph 21,

(b)another person or other persons falling within sub-paragraph (3) ought to indemnify him, and

(c)there has been an unreasonable failure by the person (or any of the persons) to indemnify him.

(2)The claimant may refer the matter to the Secretary of State for determination by him; and a determination must be complied with.

(3)A person falls within this sub-paragraph if he is a transferor or a transferee under the scheme or schemes concerned.

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Commencement Information

I60Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

GeneralE+W+S+N.I.

24Paragraphs 11 to 18 and 20 apply whether or not property, rights or liabilities are (or are to be) transferred under the scheme or schemes as a constituent of an undertaking (or part of one).E+W+S+N.I.

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Commencement Information

I61Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

25(1)Paragraphs 12 to 18 and 20 to 24 have effect as if references to a transfer scheme or schemes included references to—E+W+S+N.I.

(a)an agreement or agreements under paragraph 9 or 11;

(b)an instrument or instruments under paragraph 9;

(c)an agreement or agreements treated as made under paragraph 10.

(2)Where paragraph 14 has effect in relation to an agreement under paragraph 11 by virtue of sub-paragraph (1), sub-paragraph (2)(b) of paragraph 14 shall be disregarded.

(3)Paragraph 19 has effect in relation to an agreement under paragraph 11 as it has effect in relation to an agreement made under paragraph 5 or 9.

(4)Where paragraphs 12 to 24 have effect in relation to—

(a)an agreement under paragraph 9 or 11,

(b)an instrument under paragraph 9, or

(c)an agreement treated as made under paragraph 10,

references to a transferor or a transferee have effect as references to a transferor or a transferee under the agreement or the instrument.

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Commencement Information

I62Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Section 64.

SCHEDULE 7E+W+S+N.I. Transfer schemes: tax

InterpretationE+W+S+N.I.

1In this Schedule—E+W+S+N.I.

  • the 1988 Act” means the M49Income and Corporation Taxes Act 1988;

  • the 1990 Act” means the M50Capital Allowances Act 1990;

  • the 1992 Act” means the M51Taxation of Chargeable Gains Act 1992;

  • relevant transfer” means a transfer of property, rights or liabilities under a transfer scheme;

  • transferee” in relation to a relevant transfer means the person to whom the property, rights or liabilities are transferred;

  • transferor” in relation to a relevant transfer means the person from whom the property, rights or liabilities are transferred.

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Commencement Information

I63Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

Chargeable gains: generalE+W+S+N.I.

2(1)For the purposes of the 1992 Act a disposal constituted by a relevant transfer is to be taken (in relation to the transferee as well as the transferor) to be for a consideration such that no gain or loss accrues to the transferor.E+W+S+N.I.

(2)Sub-paragraph (1) has effect subject to the following provisions of this Schedule.

(3)In section 35(3)(d) of the 1992 Act (list of provisions for transfers treated as made without gain or loss) after sub-paragraph (xii) insert—

(xiii)paragraph 2(1) of Schedule 7 to the Transport Act 2000;.

(4)Section 171(1) of the 1992 Act (provision in relation to disposal of assets from one member of a group of companies to another member of the group) does not apply if the disposal in question is constituted by a relevant transfer.

(5)Expressions used in this paragraph and in the 1992 Act have the same meanings in this paragraph as in that Act.

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Commencement Information

I64Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Chargeable gains: securitiesE+W+S+N.I.

3(1)This paragraph applies if—E+W+S+N.I.

(a)assets are transferred to a company under a transfer scheme,

(b)in consequence the Secretary of State gives a direction under section 49 above, and

(c)the company issues securities in accordance with the direction.

(2)For the purposes of the 1992 Act the person to whom the securities are issued is to be treated as acquiring them for a consideration—

(a)provided by him wholly and exclusively for the securities, and

(b)equal to the market value of the assets transferred to the company under the scheme.

(3)This paragraph applies whether or not the person to whom the securities are issued is the person transferring the assets under the scheme.

(4)Expressions used in this paragraph and in the 1992 Act have the same meanings in this paragraph as in that Act.

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Commencement Information

I65Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

4(1)This paragraph applies if —E+W+S+N.I.

(a)the Secretary of State gives a direction under section 57 above requiring the CAA to release a company from liability in respect of debts,

(b)in connection with the direction the Secretary of State gives a direction or directions under section 58 above, and

(c)securities are issued in accordance with the direction or directions under section 58.

(2)Sub-paragraph (3) applies if the direction under section 58 requires securities to be issued to one person only or the directions under that section (taken together) require securities to be issued to one person only; and sub-paragraph (4) applies in any other case.

(3)For the purposes of the 1992 Act the person to whom the securities are issued is to be treated as acquiring them for a consideration—

(a)provided by him wholly and exclusively for the securities, and

(b)equal to the amount of the liability affected by the release required by the direction under section 57.

(4)For the purposes of the 1992 Act a person to whom any of the securities are issued is to be treated as acquiring them for a consideration—

(a)provided by him wholly and exclusively for the securities, and

(b)equal to such part as is just and reasonable of the amount of the liability affected by the release required by the direction under section 57.

(5)This paragraph applies whether or not the person to whom the securities are issued, or any person to whom any of the securities are issued, is a person transferring anything under the transfer scheme in connection with which the direction under section 57 is given.

(6)Expressions used in this paragraph and in the 1992 Act have the same meanings in this paragraph as in that Act.

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Commencement Information

I66Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Chargeable gains: value shiftingE+W+S+N.I.

5Nothing in this Chapter and nothing done under it is to be regarded as a scheme or arrangement for the purposes of section 30 of the 1992 Act (tax-free benefits).E+W+S+N.I.

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Commencement Information

I67Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Chargeable gains: roll-over reliefE+W+S+N.I.

6(1)This paragraph applies if—E+W+S+N.I.

(a)but for section 154 of the 1992 Act (depreciating assets) a held-over gain would have been carried forward to a depreciating asset,

(b)the asset is the subject of a relevant transfer, and

(c)the Secretary of State is not the transferee under the relevant transfer.

(2)Section 154 is to have effect as if the gain had accrued to, and the claim for it to be held over had been made by, the transferee and as if the transferor’s acquisition of the depreciating asset had been the transferee’s acquisition of it.

(3)Expressions used in this paragraph and in section 154 have the same meanings in this paragraph as in that section.

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Commencement Information

I68Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Chargeable gains: restriction of lossesE+W+S+N.I.

7(1)If there has been a relevant transfer of an asset section 174(1) of the 1992 Act (which applies section 41 to cases where assets have been acquired without gain or loss) is to have effect as if the asset had been transferred to the transferee, and acquired by him, in relevant circumstances.E+W+S+N.I.

(2)This paragraph is not to prejudice paragraph 2.

(3)Expressions used in this paragraph and in section 174(1) of the 1992 Act have the same meanings in this paragraph as in section 174(1).

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Commencement Information

I69Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Chargeable gains: groupsE+W+S+N.I.

8(1)Sub-paragraph (2) applies if a company (the degrouped company)—E+W+S+N.I.

(a)acquired an asset from another company at any time when both were members of the same group of companies (the old group),

(b)ceases by virtue of a relevant transfer to be a member of the old group, and

(c)becomes by virtue of the transfer a member of another group of companies (the new group).

(2)Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset.

(3)Sub-paragraph (4) applies if—

(a)sub-paragraph (2) applies to an asset, and

(b)the degrouped company ceases to be a member of the new group.

(4)On the company so ceasing section 179 of the 1992 Act is to have effect as if the degrouped company and the company from which it acquired the asset had been members of the new group at the time of acquisition.

(5)But sub-paragraph (4) does not apply if—

(a)at the time when the degrouped company ceases to be a member of the new group the company from which it acquired the asset also ceases to be a member of the new group,

(b)the companies are associated companies immediately before and immediately after that time, and

(c)the companies were associated companies at the time of acquisition.

(6)Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

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Commencement Information

I70Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

9(1)Sub-paragraph (3) applies if—E+W+S+N.I.

(a)a company (the degrouped company) ceases by virtue of a relevant transfer to be a member of a group of companies (the old group),

(b)it becomes by virtue of the transfer a member of another group of companies (the new group),

(c)it ceases to be a member of the new group, and

(d)the condition in sub-paragraph (2) is satisfied.

(2)The condition is that—

(a)the degrouped company acquired an asset under a relevant transfer at a time falling before it ceases to be a member of the new group, and

(b)at the time of acquisition the degrouped company and the transferor were not members of the new group.

(3)On the degrouped company ceasing to be a member of the new group section 179 of the 1992 Act is to have effect as if the degrouped company and the transferor had been members of the new group at the time of acquisition.

(4)But sub-paragraph (3) does not apply if—

(a)at the time when the degrouped company ceases to be a member of the new group the transferor also ceases to be a member of the new group,

(b)the companies are associated companies immediately before and immediately after that time, and

(c)the companies were associated companies at the time of acquisition.

(5)Paragraph 8(4) and sub-paragraph (3) above may apply on the same occasion; but if paragraph 8(4) applies to an asset on a given occasion sub-paragraph (3) above does not apply to that asset on that occasion.

(6)Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

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Commencement Information

I71Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

10(1)Sub-paragraph (4) applies if—E+W+S+N.I.

(a)a company ceases by virtue of a relevant transfer to be a member of a group of companies (the old group),

(b)it becomes by virtue of the transfer a member of another group of companies (the new group),

(c)a company falling within sub-paragraph (2) (the degrouped company) ceases to be a member of the new group, and

(d)the condition in sub-paragraph (3) is satisfied.

(2)A company falls within this sub-paragraph if immediately before it ceases to be a member of the new group it is a subsidiary of—

(a)the company referred to in sub-paragraph (1)(a), or

(b)the principal company of the new group (if that company differs from the company referred to in sub-paragraph (1)(a)).

(3)The condition is that—

(a)the degrouped company acquired an asset under a relevant transfer at a time falling before it ceases to be a member of the new group, and

(b)at the time of acquisition the degrouped company and the transferor were not members of the new group.

(4)On the degrouped company ceasing to be a member of the new group section 179 of the 1992 Act is to have effect as if the degrouped company and the transferor had been members of the new group at the time of acquisition.

(5)But sub-paragraph (4) does not apply if—

(a)at the time when the degrouped company ceases to be a member of the new group the transferor also ceases to be a member of the new group,

(b)the companies are associated companies immediately before and immediately after that time, and

(c)the companies were associated companies at the time of acquisition.

(6)Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

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Commencement Information

I72S. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Capital allowancesE+W+S+N.I.

11(1)This paragraph applies if—E+W+S+N.I.

(a)property which is plant or machinery is the subject of a relevant transfer,

(b)section 343 of the 1988 Act (company reconstructions without a change of ownership) does not apply in relation to the transfer, and

(c)the transfer scheme concerned contains provision for the disposal value of the property to be taken for the purposes of the Capital Allowances Acts to be of an amount specified in or determined in accordance with the scheme.

(2)For the purposes of the Capital Allowances Acts—

(a)the provision mentioned in sub-paragraph (1)(c) is to have effect (instead of section 26(1) or 59 of the 1990 Act) for determining an amount as the disposal value of the property or the price at which a fixture is to be treated as sold;

(b)the transferee is to be taken to have incurred expenditure of that amount on the provision of the property;

(c)in the case of a fixture, the expenditure which falls to be treated as incurred by the transferee is to be taken for the purposes of section 54 of the 1990 Act to be incurred by the giving of a consideration consisting in a capital sum of that amount.

(3)A provision mentioned in sub-paragraph (1)(c) for the determination of an amount may include provision—

(a)for a determination to be made by the Secretary of State in a manner described in the scheme;

(b)for a determination to be made by reference to factors so described or to the opinion of a person so described;

(c)for a determination to be capable of being modified (on one or more occasions) in a manner and in circumstances so described.

(4)The Treasury’s consent is required for the making or modification of a determination under a provision mentioned in sub-paragraph (1)(c).

(5)The transferee’s consent is also required for such a modification after the relevant transfer takes effect.

(6)If there is a determination or a modification of a determination under a provision mentioned in sub-paragraph (1)(c) all necessary adjustments—

(a)must be made by making assessments or by repayment or discharge of tax, and

(b)must be made notwithstanding any limitation on the time within which assessments may be made.

(7)In this paragraph “the Capital Allowances Acts” has the same meaning as in the Tax Acts and “fixture” has the same meaning as in Chapter VI of Part II of the 1990 Act.

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Commencement Information

I73Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Transfers of trading stockE+W+S+N.I.

12(1)This paragraph applies if—E+W+S+N.I.

(a)under a relevant transfer trading stock of the transferor is transferred to the transferee, and

(b)the stock falls, immediately after the time when the transfer takes effect, to be treated as trading stock of the transferee.

(2)Sub-paragraphs (3) and (4) have effect in computing the profits or gains of the relevant trades for the purposes of the Corporation Tax Acts; and the relevant trades are—

(a)the trade in relation to which the stock is trading stock immediately before the time when the transfer takes effect, and

(b)the trade in relation to which it is trading stock after that time.

(3)The stock must be taken—

(a)to have been disposed of by the transferor in the course of the trade carried on by the transferor,

(b)to have been acquired by the transferee in the course of the trade carried on by the transferee, and

(c)subject to that, to have been disposed of and acquired at the time when the transfer takes effect.

(4)The stock must be valued for the purposes of each of the relevant trades as if the disposal and acquisition had been for a consideration which in relation to the transferor would have resulted in neither a profit nor a loss being brought into account in respect of the disposal in the accounting period of the transferor which ends with, or is current at, the time when the transfer takes effect.

(5)In this paragraph “trading stock” has the same meaning as in section 100 of the 1988 Act.

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Commencement Information

I74Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Trading losses: transfer of tradeE+W+S+N.I.

13(1)This paragraph applies if a transfer scheme provides for a relevant transfer as a result of which the transferor ceases to carry on a trade and the transferee begins to carry it on.E+W+S+N.I.

(2)A transferor treated as ceasing to carry on a trade for the purposes of section 343 of the 1988 Act (company reconstructions without a change of ownership) is to be so treated for the purposes of this paragraph.

(3)A transferee treated as beginning to carry on a trade for the purposes of that section is to be so treated for the purposes of this paragraph.

(4)Sub-paragraph (5) applies if the transfer will result in the transferee being entitled to relief for an amount in respect of the trade under section 393(1) of the 1988 Act (trading losses) by virtue of section 343(3).

(5)In such a case the scheme may provide that the amount is to be treated as such amount (the replacement amount) as is specified in or determined in accordance with the scheme.

(6)Sub-paragraph (7) applies if the trade concerned is in fact part of a trade of the transferor and the transferor is entitled to relief for an amount under section 393(1) in respect of the part retained.

(7)In such a case the scheme may provide that the amount is to be treated as such amount (the replacement amount) as is specified in or determined in accordance with the scheme.

(8)A provision under sub-paragraph (5) or (7) must be such that the replacement amount is not greater than the amount it replaces; and the replacement amount may be nil.

(9)When the scheme comes into force a provision made under sub-paragraph (5) or (7) is to have effect for the purposes of arriving at the amount of relief concerned.

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Commencement Information

I75Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Trading losses: change in ownershipE+W+S+N.I.

14(1)This paragraph applies if under a relevant transfer all the issued share capital of a company (the transferred company) is transferred from the CAA to—E+W+S+N.I.

(a)the Secretary of State, or

(b)a company whose shares are all held by the Secretary of State when the transfer takes effect.

(2)For the purposes of section 768 of the 1988 Act (disallowance of trading losses on change in company’s ownership) the transfer is not to be taken to result in a change in the ownership of—

(a)the transferred company, or

(b)a company which is a wholly owned subsidiary of the transferred company when the transfer takes effect.

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Commencement Information

I76Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Leased assetsE+W+S+N.I.

15(1)This paragraph applies for the purposes of section 781 of the 1988 Act (assets leased to traders and others) if the interest of the lessor or the lessee under a lease, or any other interest in an asset, is transferred to a person under a relevant transfer.E+W+S+N.I.

(2)The transfer is to be treated as made without any capital sum having been obtained in respect of the interest by the transferor or the transferee; and this is so notwithstanding section 783(4) of that Act.

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Commencement Information

I77Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

SecuritiesE+W+S+N.I.

16(1)This paragraph applies if securities are issued by a company in pursuance of a direction of the Secretary of State under section 49 or 58 above.E+W+S+N.I.

(2)A share issued by the company is to be treated for the purposes of the Corporation Tax Acts as if it had been issued wholly in consideration of a subscription paid to the company of an amount equal to the nominal value of the share.

(3)A debenture issued by the company is to be treated for the purposes of the Corporation Tax Acts as if it had been issued—

(a)wholly in consideration of a loan made to the company of an amount equal to the principal sum payable under the debenture, and

(b)wholly and exclusively for the purposes of the trade carried on by the company.

(4)If a debenture issued by the company includes provision for the payment of a sum expressed as interest in respect of a period falling wholly or partly before the issue of the debenture, a payment made in pursuance of the provision in respect of the period is to be treated for the purposes of the Corporation Tax Acts as if the debenture had been issued at the commencement of the period and (accordingly) as interest on the principal sum payable under the debenture.

(5)This paragraph has effect subject to paragraphs 3, 4 and 17.

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Commencement Information

I78Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

17(1)This paragraph applies if—E+W+S+N.I.

(a)securities are issued to a company in pursuance of a direction of the Secretary of State under section 49 or 58 above, and

(b)by virtue of any such security the company has a loan relationship for the purposes of the Corporation Tax Acts.

(2)For the purposes of Chapter II of Part IV of the M52Finance Act 1996 (loan relationships) the company is to be taken to have acquired its rights under the security wholly in consideration of a loan made by it to the issuing company of an amount equal to the principal sum payable under the security.

(3)Expressions used in this paragraph and in Chapter II of Part IV of the M53Finance Act 1996 have the same meanings in this paragraph as in that Chapter.

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Commencement Information

I79Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

Stamp dutyE+W+S+N.I.

18(1)A relevant transfer is not to give rise to liability to stamp duty.E+W+S+N.I.

(2)Stamp duty is not to be chargeable on a transfer scheme.

(3)Stamp duty is not to be chargeable on an instrument which is certified to the Commissioners of Inland Revenue by the Secretary of State as having been made for the purposes of (or for purposes connected with) a transfer scheme.

(4)But no instrument which is certified as mentioned in sub-paragraph (3) is to be taken to be duly stamped unless—

(a)it is stamped with the duty to which it would be liable but for that sub-paragraph, or

(b)it has, in accordance with section 12 of the M54Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped.

(5)Stamp duty is not to be chargeable on an instrument which is made under Schedule 6.

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Commencement Information

I80Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

Stamp duty reserve taxE+W+S+N.I.

19An agreement is not to give rise to a charge to stamp duty reserve tax if—E+W+S+N.I.

(a)it is made for the purposes of (or for purposes connected with) a transfer scheme, or

(b)it is made under Schedule 6.

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Commencement Information

I81Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

AgreementsE+W+S+N.I.

20(1)Sub-paragraph (2) applies if the effect of—E+W+S+N.I.

(a)an agreement made under paragraph 9 or 11 of Schedule 6,

(b)an instrument executed under paragraph 9 of Schedule 6, or

(c)an agreement treated as made under paragraph 10 of Schedule 6,

is to modify the effect of a transfer scheme.

(2)This Schedule, the 1988 Act, the 1990 Act and the 1992 Act are to have effect as if—

(a)the scheme had been made as modified, and

(b)anything done by or in relation to the preceding holder had (so far as relating to the property, rights or liabilities affected by the modification) been done by or in relation to the subsequent holder.

(3)Sub-paragraph (4) applies to a disposal of an asset if the disposal—

(a)is effected in pursuance of an agreement made or treated as made under paragraph 9 or 10 of Schedule 6 or is effected by an instrument executed under paragraph 9 of that Schedule, and

(b)is the grant of a lease of land or the creation of other rights and liabilities over land.

(4)For the purposes of the 1992 Act the disposal is to be taken (in relation to the person to whom it is made as well as the person making it) to be for a consideration such that no gain or loss accrues to the person making it.

(5)Section 171(1) of the 1992 Act (provision in relation to disposal of assets from one member of a group of companies to another member of the group) does not apply if sub-paragraph (4) applies to the disposal in question.

(6)References in this paragraph to an agreement or instrument include references to the agreement or instrument as varied in accordance with a direction under paragraph 19(4) of Schedule 6.

(7)For the purposes of sub-paragraph (2) the preceding holder is the person who without the modification—

(a)became (under the transfer scheme concerned) entitled or subject to the property, rights or liabilities affected by the modification, or

(b)remained (despite the transfer scheme concerned) entitled or subject to the property, rights or liabilities affected by the modification,

as the case may be.

(8)For the purposes of sub-paragraph (2) the subsequent holder is the person who (in consequence of the modification) becomes, or resumes being, entitled or subject to the property, rights or liabilities affected by the modification.

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Commencement Information

I82Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Section 97.

SCHEDULE 8E+W+S+N.I. Amendments about air traffic

Part IE+W+S+N.I. Licences

House of Commons Disqualification Act 1975 (c.24)E+W+S+N.I.

1In the House of Commons Disqualification Act 1975, in Part III of Schedule 1, after the entry “Director of the Commonwealth Institute” there shall be inserted—E+W+S+N.I.

Director of any of the following—

(a)a company which for the time being holds a licence under Chapter I of Part I of the Transport Act 2000 (a licence company);

(b)a company of which a licence company is a subsidiary (within the meaning given by section 736(1) of the Companies Act 1985 or Article 4(1) of the Companies (Northern Ireland) Order 1986);

(c)a company which is a subsidiary (within the meaning so given) of a licence company.

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Commencement Information

I83Sch. 8 para. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Northern Ireland Assembly Disqualification Act 1975 (c.25)E+W+S+N.I.

2In the Northern Ireland Assembly Disqualification Act 1975, in Part III of Schedule 1, after the entry “Director of Cable and Wireless Limited nominated by a Minister of the Crown or government department” there shall be inserted—E+W+S+N.I.

Director of any of the following—

(a)a company which for the time being holds a licence under Chapter I of Part I of the Transport Act 2000 (a licence company);

(b)a company of which a licence company is a subsidiary (within the meaning given by section 736(1) of the Companies Act 1985 or Article 4(1) of the Companies (Northern Ireland) Order 1986);

(c)a company which is a subsidiary (within the meaning so given) of a licence company.

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Commencement Information

I84Sch. 8 para. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Part IIE+W+S+N.I. Air navigation services

Civil Aviation Act 1982 (c.16)E+W+S+N.I.

3Section 72 of the Civil Aviation Act 1982 (CAA’s duty to provide air navigation services) shall cease to have effect.E+W+S+N.I.

Part IIIE+W+S+N.I. Charges

Civil Aviation Act 1982 (c.16)E+W+S+N.I.

4Sections 73 and 74 of the Civil Aviation Act 1982 (charges for air navigation services etc) shall cease to have effect.E+W+S+N.I.

5In section 86 of the Civil Aviation Act 1982 (mortgaging of aircraft) in subsection (2)(b) for “section 74(4) above” there shall be substituted “ section 83 of the Transport Act 2000 (detention and sale of aircraft) ”.E+W+S+N.I.

6(1)Section 88 of the Civil Aviation Act 1982 (detention and sale of aircraft for unpaid airport charges) shall be amended as follows.E+W+S+N.I.

(2)In subsection (6)(d) for “regulations under section 73 above” substitute “ section 73 of the Transport Act 2000 (or, if more than one such charge is due, in payment of them in such order as the Secretary of State may specify by order) ”.

(3)In subsection (10) in the definition of “airport charges” for “regulations under section 73 above” substitute “ section 73 of the Transport Act 2000 ”.

7In section 90 of the Civil Aviation Act 1982 (Convention rights) in subsection (2)(b) for “section 74(4) above” there shall be substituted “ section 83 of the Transport Act 2000 (detention and sale of aircraft) ”.E+W+S+N.I.

8(1)In Schedule 4 to the Civil Aviation Act 1982 (Eurocontrol) paragraph 1 shall be amended as follows.E+W+S+N.I.

(2)In sub-paragraph (5) omit the definition of “record”.

(3)After sub-paragraph (5) insert—

(6)For the purposes of this paragraph a record includes (in addition to a record in writing)—

(a)a disc, tape, sound-track or other device in which sounds or signals are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument);

(b)a film, tape or other device in which visual images are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument);

(c)a photograph.

9In Schedule 13 to the Civil Aviation Act 1982 (subordinate instruments) in Part II after the entry relating to section 87 there shall be inserted—E+W+S+N.I.

Section 88(6)(d)Priority of chargesSubject to the negative resolution procedure.

Airports Act 1986 (c.31)E+W+S+N.I.

10In section 36 of the Airports Act 1986 (interpretation) in subsection (1) in the definition of “airport charges” for “regulations under section 73 of the 1982 Act (air navigation services etc))” there shall be substituted “ section 73 of the Transport Act 2000 (charges for services)) ”.E+W+S+N.I.

Part IVE+W+S+N.I. Competition

Fair Trading Act 1973 (c.41)E+W+S+N.I.

11In section 133 of the Fair Trading Act 1973 (general restrictions on disclosure of information) at the end of subsection (2)(a) there shall be inserted “ Part I of the Transport Act 2000 or ”.E+W+S+N.I.

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Commencement Information

I85Sch. 8 para. 11 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Competition Act 1980 (c.21)E+W+S+N.I.

12In section 19 of the Competition Act 1980 (restriction on disclosure of information) in subsection (3) after paragraph (r) there shall be inserted—E+W+S+N.I.

(s)Part I of the Transport Act 2000.

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Commencement Information

I86Sch. 8 para. 12 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Civil Aviation Act 1982 (c.16)E+W+S+N.I.

13In section 4 of the Civil Aviation Act 1982 (CAA’s general objectives) after subsection (2) there shall be inserted—E+W+S+N.I.

(3)The duty mentioned in subsection (1) above does not apply in relation to anything done by the CAA in the performance of functions mentioned in subsection (3) of section 86 of the Transport Act 2000 which, by virtue of that section, are concurrent functions of the CAA and the Director General of Fair Trading.

(4)However, when performing such a function the CAA may have regard to any matter in respect of which a duty is imposed by subsection (1) above if it is a matter to which the Director General of Fair Trading could have regard when performing that function.

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Commencement Information

I87Sch. 8 para. 13 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Competition Act 1998 (c.41)E+W+S+N.I.

14(1)Section 54 of the Competition Act 1998 (regulators) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1) after “Schedule 10” insert “ and the Civil Aviation Authority ”.

(3)In subsection (4) after “Schedule 10” insert “ or by Chapter V of Part I of the Transport Act 2000 ”.

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Commencement Information

I88Sch. 8 para. 14 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

15In Schedule 11 to the Competition Act 1998 (interpretation of provisions about disclosure of information) in paragraph 1 after sub-paragraph (p) there shall be inserted—E+W+S+N.I.

(q)Part I of the Transport Act 2000.

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Commencement Information

I89Sch. 8 para. 15 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

16(1)Schedule 13 to the Competition Act 1998 (transitionals and savings) shall be amended as follows.E+W+S+N.I.

(2)In paragraph 1(1) in the definition of “regulator” after “Schedule 10” insert “ and the Civil Aviation Authority ”.

(3)In paragraph 35(2) after paragraph (g) insert—

(h)in the case of the Civil Aviation Authority, the supply of air traffic services within the meaning given by section 98 of the Transport Act 2000.

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Commencement Information

I90Sch. 8 para. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Part VE+W+S+N.I. Hostilities etc

Civil Aviation Act 1982 (c.16)E+W+S+N.I.

17(1)Section 6 of the Civil Aviation Act 1982 (directions in national interest etc) shall be amended as follows.E+W+S+N.I.

(2)In each of subsections (1) and (2) omit the words from “and in so far” to the end.

(3)After subsection (2) insert—

(3)In so far as any directions given under this section conflict with the requirements of section 93 of the Transport Act 2000 or of an order under section 94 of that Act, the directions shall be disregarded.

(4)In so far as any directions given under this section conflict with the requirements of any enactment or instrument relating to the CAA (other than section 93 of the Transport Act 2000 or an order under section 94 of that Act) the requirements shall be disregarded.

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Commencement Information

I91Sch. 8 para. 17 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

18Sections 62 and 63 of the Civil Aviation Act 1982 (control in time of war or emergency) shall cease to have effect.E+W+S+N.I.

Airports Act 1986 (c.31)E+W+S+N.I.

19(1)Section 30 of the Airports Act 1986 (directions in interests of national security etc) shall be amended as follows.E+W+S+N.I.

(2)After subsection (4) insert—

(4A)In so far as any direction applying to an airport operator by virtue of subsection (1), (2) or (3) conflicts with the requirements of section 93 of the Transport Act 2000 or of an order under section 94 of that Act, the direction shall be disregarded.

(3)In subsection (5) after “to him as an airport operator” insert “ (other than section 93 of the Transport Act 2000 or an order under section 94 of that Act) ”.

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Commencement Information

I92Sch. 8 para. 19 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Section 102.

SCHEDULE 9E+W+S+N.I. Air traffic: information

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Commencement Information

I93Sch. 9 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Prohibition on disclosureE+W+S+N.I.

1(1)This Schedule applies to information if—E+W+S+N.I.

(a)it was obtained under or by virtue of this Part, and

(b)it relates to the affairs of an individual or to a particular business.

(2)The information must not be disclosed during the lifetime of the individual or so long as the business is carried on, except as provided below.

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Commencement Information

I94Sch. 9 para. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Disclosure with consentE+W+S+N.I.

2Paragraph 1(2) does not apply to a disclosure made with the consent of the individual or the person for the time being carrying on the business.E+W+S+N.I.

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Commencement Information

I95Sch. 9 para. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Other permitted disclosuresE+W+S+N.I.

3(1)Paragraph 1(2) does not apply to a disclosure made—E+W+S+N.I.

(a)for the purpose of facilitating the carrying out by the Secretary of State, the CAA or the Competition Commission of any of his or their functions under this Part;

(b)for the purpose of facilitating the carrying out by a person or body mentioned in sub-paragraph (2) of any of his or its functions under an enactment or instrument specified in sub-paragraph (3);

(c)for the purpose of enabling or assisting the Secretary of State or the Treasury to exercise any powers conferred by the M55Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency;

(d)for the purpose of enabling or assisting an inspector appointed under the enactments relating to companies to carry out his functions;

(e)for the purpose of enabling or assisting an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the M56Insolvency Act 1986 or Article 350 of the M57Insolvency (Northern Ireland) Order 1989 to carry out its functions;

(f)for the purpose of facilitating the carrying out by the Health and Safety Commission or the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority (within the meaning of Part I of the M58Health and Safety at Work etc. Act 1974) of any functions under a relevant statutory provision (within the meaning of that Act);

(g)for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;

(h)in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;

(i)for the purposes of any civil proceedings brought under or by virtue of this Part or any enactment or instrument specified in sub-paragraph (3);

(j)in pursuance of a Community obligation;

(k)for the purpose of facilitating the performance of any function of the European Commission in respect of Community law about competition;

(l)by the Secretary of State, or with his consent, to an international organisation of which the United Kingdom is a member;

(m)in connection with negotiations conducted by officers of the Secretary of State with representatives of the government of a country or territory outside the United Kingdom;

(n)in connection with the discharge of an obligation of the United Kingdom under international arrangements;

(o)to a person to whom the information in question is required to be disclosed by regulations made in pursuance of section 7(2) of the M59Civil Aviation Act 1982 (special provisions as respects certain functions);

(p)for the purposes of an investigation undertaken in pursuance of regulations made under section 75 of the M60Civil Aviation Act 1982 (investigation of accidents).

(2)The persons and bodies are—

(a)any Minister of the Crown;

(b)the Director General of Fair Trading;

(c)the Competition Commission;

(d)the Director General of Telecommunications;

(e)the Independent Television Commission;

(f)the Director General of Gas Supply;

(g)the Director General of Water Services;

(h)the Director General of Electricity Supply;

(i)the Coal Authority;

(j)the CAA;

(k)the Rail Regulator;

(l)the Insolvency Practitioners Tribunal;

(m)a local weights and measures authority in Great Britain.

(3)The enactments and instruments are—

(a)the M61Trade Descriptions Act 1968;

(b)the M62Fair Trading Act 1973;

(c)the M63Consumer Credit Act 1974;

(d)the M64Estate Agents Act 1979;

(e)the M65Competition Act 1980;

(f)the M66Telecommunications Act 1984;

(g)the M67Airports Act 1986;

(h)the M68Gas Act 1986;

(i)the M69Insolvency Act 1986;

(j)the M70Consumer Protection Act 1987;

(k)the M71Electricity Act 1989;

(l)the M72Broadcasting Act 1990;

(m)the M73Property Misdescriptions Act 1991;

(n)the M74Water Industry Act 1991;

(o)the M75Water Resources Act 1991;

(p)the M76Railways Act 1993;

(q)the M77Coal Industry Act 1994;

(r)the M78Competition Act 1998;

(s)any subordinate legislation made for the purpose of securing compliance with Articles 84 and 85 of the Treaty establishing the European Community;

(t)any subordinate legislation made for the purpose of securing compliance with the Directive of the Council of the European Communities dated 10th September 1984 (No. 84/450/EEC) on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising;

(u)any Air Navigation Order made under section 60 of the M79Civil Aviation Act 1982.

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Commencement Information

I96Sch. 9 para. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

4The Secretary of State may by order amend paragraph 3.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I97Sch. 9 para. 4 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Other exceptionsE+W+S+N.I.

5(1)Paragraph 1(2) does not limit—E+W+S+N.I.

(a)the information which may be included in a report of the Competition Commission on a reference under section 12;

(b)the information or advice which may be published by the CAA under section 90.

(2)Paragraph 1(2) does not apply to—

(a)information which has been published in a report published under section 13;

(b)information which has otherwise been made available to the public by being disclosed in circumstances in which, or for a purpose for which, disclosure is not precluded by this Schedule.

(3)Information obtained by the CAA in exercising functions which are exercisable concurrently with Director General of Fair Trading under Part I of the M80Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to paragraph 1(2).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I98Sch. 9 para. 5 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

OffenceE+W+S+N.I.

6A person who discloses information in contravention of this Schedule is guilty of an offence and liable—E+W+S+N.I.

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I99Sch. 9 para. 6 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Section 153.

SCHEDULE 10E+W Competition test for exercise of bus functions

Functions to which Schedule appliesE+W

1(1)The functions to which this Schedule applies are those of—E+W

(a)making and varying quality partnership schemes,

(b)making and varying ticketing schemes, and

(c)inviting and accepting tenders under section 89 or 91 of the M81Transport Act 1985 (subsidised services).

(2)For the purposes of this Schedule an authority proposes (or authorities propose) to exercise a function to which this Schedule applies—

(a)in the case of the function of making or varying a quality partnership scheme, once notice of a proposal to make or vary it has been given under section 115(1),

(b)in the case of the function of making or varying a ticketing scheme, once notice of a proposal to make or vary it has been given under section 136(1), and

(c)in the case of the function of inviting or accepting tenders under section 89 or 91 of the M82Transport Act 1985, once it is proposed to invite tenders under section 89(2) or 91(3) of that Act or to accept or not to accept a tender under section 89 of that Act.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I100Sch. 10 para. 1 partly in force; Sch. 10 para. 1 not in force at Royal Assent see s. 275(1); Sch. 10 para. 1(1)(b)(c)(2)(b)(c) in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 1(1)(b)(c)(2)(b)(c) in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Marginal Citations

Competition testE+W

2(1)For the purposes of this Schedule the exercise or proposed exercise of a function to which this Schedule applies meets the competition test unless it—E+W

(a)has or is likely to have a significantly adverse effect on competition, and

(b)is not justified by sub-paragraph (2).

(2)The exercise or proposed exercise of a function is justified if—

(a)it is with a view to achieving one or more of the purposes specified in sub-paragraph (3), and

(b)its effect on competition is or is likely to be proportionate to the achievement of that purpose or any of those purposes.

(3)The purposes referred to in sub-paragraph (2) are—

(a)securing improvements in the quality of vehicles or facilities used for or in connection with the provision of local services,

(b)securing other improvements in local services of substantial benefit to users of local services, and

(c)reducing or limiting traffic congestion, noise or air pollution.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I101Sch. 10 para. 2 wholly in force at 1.8.2001; Sch. 10 para. 2 not in force at Royal Assent see s. 275(1); Sch. 10 para. 2 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 2 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Applications to Director for decisionE+W

3(1)An application may be made to the Director General of Fair Trading (in this Schedule referred to as “the Director”) for him to decide whether the exercise or proposed exercise of a function to which this Schedule applies meets the competition test.E+W

(2)An application may be made under this paragraph by—

(a)the authority or authorities by whom the function has been exercised or is proposed to be exercised, or

(b)any operator of local services who is, or is likely to be, affected by the exercise of the function.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I102Sch. 10 para. 3 wholly in force at 1.8.2001; Sch. 10 para. 3 not in force at Royal Assent see s. 275(1); Sch. 10 para. 3 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 3 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

4(1)If an application is made under paragraph 3 by the authority or authorities by whom a function has been exercised or is proposed to be exercised, it or they must inform any operators of local services who, in the opinion of the authority or authorities, are or are likely to be affected by the exercise of the function that the application has been made.E+W

(2) If an application is made under paragraph 3 by an operator of local services, he must inform the authority or authorities by whom the function has been exercised or is proposed to be exercised that the application has been made. on.

(3) The Director must arrange for an application made under paragraph 3 to be published in such a way as he thinks most suitable for bringing it to the attention of those likely to be affected by it, unless he is satisfied that it will be sufficient for him to seek information from one or more particular persons.

(4) The Director may at any time decide not to consider, or further consider, an application made under paragraph 3 if —

(a) he is of the opinion that he has not been provided with sufficient information to do so by the person or persons by whom the application was made, or

(b) sub-paragraph (1) or (2) has not been complied with.

(5) In determining an application made under paragraph 3, the Director must take into account any representations made to him about the application

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I103Sch. 10 para. 4 wholly in force at 1.8.2001; Sch. 10 para. 4 not in force at Royal Assent see s. 275(1); Sch. 10 para. 4 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 4 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Investigations by DirectorE+W

5If at any time the Director considers that the exercise or proposed exercise of a function to which this Schedule applies may not meet the competition test, he may conduct an investigation.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I104Sch. 10 para. 5 wholly in force at 1.8.2001; Sch. 10 para. 5 not in force at Royal Assent see s. 275(1); Sch. 10 para. 5 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 5 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

6(1)For the purposes of an investigation under paragraph 5 the Director may require any person—E+W

(a)to produce to him or to a person appointed by him, at a specified time and place, any specified document, or

(b)to provide him or such a person, at such a time and place, any specified information,

which he considers relates to any matter relevant to the investigation.

(2)The power conferred by sub-paragraph (1) is to be exercised by a notice in writing indicating the subject matter and purpose of the investigation; and in this paragraph “specified” means—

(a)specified, or described, in the notice, or

(b)falling within a category which is specified, or described, in the notice.

(3)Information required to be provided under sub-paragraph (1) shall be provided in the specified manner and form.

(4)The power conferred by sub-paragraph (1) to require a person to produce a document includes power—

(a)to require him to provide an explanation of the document, or

(b)if the document is not produced, to require him to state, to the best of his knowledge and belief, where it is.

(5)In this paragraph “information” includes estimates and forecasts.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I105Sch. 10 para. 6 wholly in force at 1.8.2001; Sch. 10 para. 6 not in force at Royal Assent see s. 275(1); Sch. 10 para. 6 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 6 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

7(1)If a person refuses or fails to comply with a notice under paragraph 6, the Director may certify that fact in writing to the High Court which may enquire into the case.E+W

(2)If after hearing—

(a)any witness who may be produced against or on behalf of the person, and

(b)any statement which may be offered in defence,

the High Court is satisfied that the person did not have a reasonable excuse for refusing or failing to comply with the notice, the High Court may punish him as if he had been guilty of contempt of court.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I106Sch. 10 para. 7 wholly in force at 1.8.2001; Sch. 10 para. 7 not in force at Royal Assent see s. 275(1); Sch. 10 para. 7 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 7 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

8(1)A person shall not be required under paragraph 6 to produce or disclose a privileged communication.E+W

(2)In sub-paragraph (1) “privileged communication” means a communication—

(a)between a professional legal adviser and his client, or

(b)made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,

which in proceedings in the High Court would be protected from disclosure on grounds of legal professional privilege.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I107Sch. 10 para. 8 wholly in force at 1.8.2001; Sch. 10 para. 8 not in force at Royal Assent see s. 275(1); Sch. 10 para. 8 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 8 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

9Before the Director, as the result of an investigation under paragraph 5, makes a decision that the exercise or proposed exercise of a function does not meet the competition test, he must—E+W

(a)give written notice to the person or persons likely to be affected by the proposed decision, and

(b)give that person or those persons an opportunity to make representations.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I108Sch. 10 para. 9 wholly in force at 1.8.2001; Sch. 10 para. 9 not in force at Royal Assent see s. 275(1); Sch. 10 para. 9 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 9 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

DecisionsE+W

10When the Director makes a decision—E+W

(a)on an application under paragraph 3, or

(b)after an investigation under paragraph 5,

he must publish his decision, together with his reasons for making it.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I109Sch. 10 para. 10 wholly in force at 1.8.2001; Sch. 10 para. 10 not in force at Royal Assent see s. 275(1); Sch. 10 para. 10 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 10 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

11If the Director has determined an application under paragraph 3 by making a decision that the exercise or proposed exercise of a function to which this Schedule applies meets the competition test, he is to take no further action under this Schedule with respect to it unless—E+W

(a)he has reasonable grounds for believing that there has been a material change of circumstance since he made his decision, or

(b)he has a reasonable suspicion that the information on which he based his decision was incomplete, false or misleading in a material particular.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I110Sch. 10 para. 11 wholly in force at 1.8.2001; Sch. 10 para. 11 not in force at Royal Assent see s. 275(1); Sch. 10 para. 11 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 11 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Enforcement of decisionsE+W

12(1)If the Director has made a decision that the exercise or proposed exercise of a function to which this Schedule applies does not meet the competition test, he may give to the authority or authorities by which it was or was to be exercised such directions as he considers appropriate.E+W

(2)A direction under sub-paragraph (1) may (in particular)—

(a)in the case of a proposal to exercise a function, include provision prohibiting the exercise of the function in the manner proposed,

(b)in the case of the exercise of the function of making or varying a quality partnership scheme or a ticketing scheme, include provision requiring the variation or revocation of the scheme,

(c)in the case of the exercise of the function of inviting tenders under section 89(2) or 91(3) of the M83Transport Act 1985, include provision requiring the variation or withdrawal of the invitation, and

(d)in the case of the exercise of the function of accepting or not accepting a tender under section 89 or 91 of that Act, include provision requiring the variation or termination of any agreement entered into by accepting the tender or requiring the acceptance of any tender.

(3)A direction under sub-paragraph (1) must be given in writing.

(4)If an authority fails, without reasonable excuse, to comply with a direction under sub-paragraph (1), the Director may apply to the High Court for an order requiring the authority to comply with the direction within a time specified in the order.

(5)An order under sub-paragraph (4) may provide for all of the costs of, or incidental to, the application for the order to be borne by the authority.

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Commencement Information

I111Sch. 10 para. 12 partly in force; Sch. 10 para. 12 not in force at Royal Assent see s. 275(1); Sch. 10 para. 12 in force (E.)(except the words “a quality partnership scheme or” in para. 12(2))(E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 12 in force (W.)(except the words “a quality partnership scheme or” in para. 12(2)) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Marginal Citations

InformationE+W

13(1)No information which—E+W

(a)has been obtained by the Director in connection with his functions under this Schedule, and

(b)relates to the affairs of any individual or to any particular business,

is to be disclosed during the lifetime of that individual or while that business continues to be carried on, unless the condition mentioned in sub-paragraph (2) is satisfied.

(2)The condition is that consent to the disclosure has been obtained from—

(a)the person from whom the information was obtained, and

(b)if different, the individual to whose affairs the information relates or the person for the time being carrying on the business to which the information relates.

(3)Sub-paragraph (1) does not apply to a disclosure of information—

(a)made for the purpose of facilitating the performance of any function of the Director, a traffic commissioner or the Rail Regulator,

(b)made for the purpose of facilitating the performance of any function of the European Commission in respect of Community law about competition,

(c)made for the purpose of criminal proceedings in any part of the United Kingdom or in connection with the investigation of a criminal offence triable in any part of the United Kingdom, or

(d)made in compliance with the order of a court or tribunal.

(4)If information is disclosed to the public in circumstances in which the disclosure does not contravene sub-paragraph (1), that sub-paragraph does not prevent its further disclosure by any person.

(5)A person who contravenes this paragraph is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Modifications etc. (not altering text)

C1Sch. 10 para. 13(3): Disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2)(a), Sch. 4 Pt. I para. 53(2)

Commencement Information

I112Sch. 10 para. 13 wholly in force at 1.8.2001; Sch. 10 para. 13 not in force at Royal Assent see s. 275(1); Sch. 10 para. 13 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 13 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

14(1)If information is provided by a person to the Director in connection with his functions under this Schedule, the person is guilty of an offence if—E+W

(a)the information is false or misleading in a material particular, and

(b)the person knows that it is or is reckless as to whether it is.

(2)If a person—

(a)provides any information to another person, knowing the information to be false or misleading in a material particular, or

(b)recklessly provides to another person any information which is false or misleading in a material particular,

knowing that the information is to be used for the purpose of providing information to the Director in connection with his functions under this Schedule, the person is guilty of an offence.

(3)A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Commencement Information

I113Sch. 10 para. 14 wholly in force at 1.8.2001; Sch. 10 para. 14 not in force at Royal Assent see s. 275(1); Sch. 10 para. 14 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 14 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

DefamationE+W

15For the purposes of the law relating to defamation, absolute privilege attaches to any decision made or notice given by the Director in the exercise of any of his functions under this Schedule.E+W

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Commencement Information

I114Sch. 10 para. 15 wholly in force at 1.8.2001; Sch. 10 para. 15 not in force at Royal Assent see s. 275(1); Sch. 10 para. 15 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 15 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

FeesE+W

16(1)The Director may charge fees in connection with the exercise by him of any of his functions under this Schedule.E+W

(2)Different fees may be charged in connection with different functions and in different circumstances.

(3)An application under paragraph 3 is not to be regarded as duly made unless any appropriate fee is paid.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I115Sch. 10 para. 16 wholly in force at 1.8.2001; Sch. 10 para. 16 not in force at Royal Assent see s. 275(1); Sch. 10 para. 16 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 16 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Section 161.

SCHEDULE 11E+W Minor and consequential amendments about local transport

Finance Act 1965 (c.25)E+W

1In section 92(8) of the Finance Act 1965 (grants towards duty charged on bus fuel), in the definition of “bus service”—E+W

(a)in paragraph (a), after “Act” insert “ or provided under a quality contract (within the meaning of Part II of the Transport Act 2000) ”, and

(b)in paragraph (b), for “II of that Act” substitute “ II of the M84Transport Act 1985 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I116Sch. 11 para. 1 wholly in force at 26.10.2001; Sch. 11 para. 1 not in force at Royal Assent see s. 275(1); Sch. 11 para. 1 in force (W.) at 1.8.2001 by S.I 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 1 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

Marginal Citations

Transport Act 1968 (c.73)E+W

2The Transport Act 1968 has effect subject to the following amendments.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I117Sch. 11 para. 2 wholly in force at 1.8.2001; Sch. 11 para. 2 not in force at Royal Assent see s. 275(1); Sch. 11 para. 2 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 2 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11

3(1)Section 9A (general functions of Passenger Transport Authorities and Executives) is amended as follows.E+W

(2)Omit subsections (1) and (2).

(3)For subsection (3) substitute—

(3)It shall be the duty of the Executive for each passenger transport area in England to secure the provision of such public passenger transport services as the Authority for the area consider it appropriate for the Executive to secure for meeting any public transport requirements within the area which in the Authority’s view would not be met apart from any action taken by the Executive for that purpose.

(3A)The Authority shall seek and have regard to the advice of the Executive for their area in determining which services it would be appropriate for the Executive to secure under subsection (3) of this section.

(4)In subsection (6), for the words following paragraph (b) substitute “ to have regard to a combination of economy, efficiency and effectiveness. ”

(5)In subsection (7), insert at the end “ and to the bus strategy made jointly by the Authority and the councils for the metropolitan districts comprised in the area. ”

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I118Sch. 11 para. 3 wholly in force at 1.8.2001; Sch. 11 para. 3 not in force at Royal Assent see s. 275(1); Sch. 11 para. 3 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 3 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11

4Omit section 9B (consultation and publicity with respect to policies as to services).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I119Sch. 11 para. 4 wholly in force at 1.8.2001; Sch. 11 para. 4 not in force at Royal Assent see s. 275(1); Sch. 11 para. 4 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 4 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11

Local Government Act 1972 (c.70)E+W

5In section 97 of the Local Government Act 1972 (exceptions from prohibition on member of local authority discussing and voting on matters in which he has pecuniary interest), after subsection (6) insert—E+W

(7)Section 94 above shall not prohibit a director of a public transport company, or a subsidiary of such a company, who is neither—

(a)paid for acting as such; nor

(b)an employee of the public transport company or subsidiary,

from taking part in the consideration or discussion of, or from voting on any question with respect to, a local transport plan or bus strategy; and in this subsection “public transport company” and “subsidiary” have the same meanings as in Part IV of the M85Transport Act 1985.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I120Sch. 11 para. 5 wholly in force at 1.8.2001; Sch. 11 para. 5 not in force at Royal Assent see s. 275(1); Sch. 11 para. 5 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 2 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11

Marginal Citations

Road Traffic Regulation Act 1984 (c.27)