Transport Act 1968 (c. 73)

SCHEDULES

SCHEDULE 4 U.K. Supplementary Provisions as to certain Transfers of Property, Rights and Liabilities

Modifications etc. (not altering text)

C1 Sch. 4 extended by Transport Act 1978 (c. 55), s. 15(3) and extended with modifications by London Regional Transport Act 1984 (c. 32, SIF 126), ss. 27(8), 46(6), 47(8)

C2 Sch. 4 extended (with modifications) (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 85(5)–(7)

C3 Sch. 4 applied (with modifications) (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 129(3)–(5)

C4 Sch. 4 amended (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 139(1), Sch. 6 para. 26

C5 Sch. 4 applied (E.W.S.) by Airports Act 1986 (c. 31, SIF 9), s. 75(3)–(6)

C6 Power to modify Sch. 4 conferred (E.W.S.) by Airports Act 1986 (c. 31, SIF 9), s. 75(5)

C7 Sch. 4 modified (E.W.S.) by S.I. 1985/1903, art. 3 Sch. 1 and S.I. 1986/1801 art. 3

C8 Sch. 4 applied (with modifications) by Transport (Scotland) Act 1989 (c. 23, SIF 126), s. 6(3)

C9 Sch. 4 modified (6.12.1993) by S.I. 1993/2797, art.3, Sch.

Construction of agreements, statutory provisions and documents U.K.

7 U.K. Where in the case of any transfer to which the Schedule applies any of the rights or liabilities transferred are rights or liabilities under an agreement to which the transferor was a party immediately before the transfer date, whether in writing or not, and whether or not of such nature that rights and liabilities thereunder could be assigned by the transferor, that agreement shall have effect on and after the transfer date as if—

(a) the transferee had been a party to the agreement, and

(b) for any reference (however worded and whether express or implied) to the transferor there were substituted, as respects anything falling to be done on or after the transfer date, a reference to the transferee, and

(c) any reference (however worded and whether express or implied) to any officer or any servant of the transferor were, as respects anything falling to be done on or after the transfer date, a reference to such person as the transferee may appoint or, in default of appointement, to the officer or servant of the transferee who corresponds as nearly as may be to that officer or servant of the transferor, and

(d) where the agreement refers to property, rights or liabilities which fall to be apportioned or divided between the transferor and the transferee, as if the agreement constituted two separate agreements separately enforceable by and against the transferor and the transferee respectively as regards the part of the property, rights and liabilities retained by the transferor or, as the case may be, the part thereof vesting in the transferee and not as regards the other part;

and sub-paragraph (d) of this paragraph shall apply in particular to the covenants, stipulations and conditions of any lease by or to the transferor.