Energy Act 2004

Effect of nuclear transfer schemes

This section has no associated Explanatory Notes

5(1)In relation to each provision of a nuclear transfer scheme for the transfer of property, rights or liabilities, or for the creation of interests, rights or liabilities—

(a)this Act shall have effect so as, without further assurance, to vest the property or interests, or the rights or liabilities, in the transferee at the time at which the scheme comes into force; and

(b)the provisions of that scheme in relation to that property or those interests, or in relation to those rights or liabilities, shall have effect from that time.

(2)Sub-paragraph (1) is subject to so much of a nuclear transfer scheme as provides for—

(a)the transfer of property, rights or liabilities which are to be transferred in accordance with the scheme, or

(b)the creation of interests, rights and liabilities which are to be created in accordance with the scheme,

to be effected by or under an agreement or instrument entered into or executed in pursuance of an obligation imposed by virtue of paragraph 4(1).

(3)In its application to Scotland, sub-paragraph (1) has effect with the omission of the words “without further assurance”.