Textual Amendments
F1Words in Sch. 10 heading repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 31(2), Sch. 16; S.I. 2008/3068, art. 2(1)(v)(2)5, Sch. (with arts. 6-13)
1(1)Subject to the following provisions of this Schedule, where an order under this Act provides that on a specified date the property of a development corporation (so far as not excepted by the order) shall vest in the [F2relevant transferee], then on that date (referred to below as the transfer date) there shall by virtue of the order and without further assurance be transferred to the [F2relevant transferee] all property, rights, liabilities and obligations which immediately before the transfer date were property, rights, liabilities or obligations of the corporation.E+W
(2)Subject as aforesaid, every agreement to which the development corporation was a party immediately before the transfer date, whether in writing or not and whether or not of such a nature that rights, liabilities and obligations thereunder could be assigned by the corporation, shall, unless its terms or subject matter make it impossible that it should have effect as modified in the manner provided by this sub-paragraph, have effect as from the transfer date as if—
(a)the [F2relevant transferee] had been a party to the agreement;
(b)reference (however worded and whether express or implied) to the corporation there were substituted, as respects anything falling to be done on or after the transfer date, a reference to the [F2relevant transferee];
(c)for any reference (however worded and whether express or implied) to any member or officer of the corporation there were substituted, as respects anything falling to be done on or after the transfer date, a reference to such person as the [F2relevant transferee] may appoint, or, in default of appointment[F3—
(i)in a case where the relevant transferee is the Homes and Communities Agency, to the member or member of staff of the Agency who corresponds as nearly as may be to the member or officer in question of the corporation; and
(ii)in a case where the relevant transferee is the Welsh Ministers, to the member of staff of the Welsh Ministers who corresponds as mentioned in sub-paragraph (i) above.]
(3)Other documents, not being enactments, which refer, whether specifically or generally, to the corporation shall be construed in accordance with sub-paragraph (2) above so far as applicable.
(4)Without prejudice to the generality of the foregoing sub-paragraphs, where, by the operation of any of them, any right, liability or obligation vests in the [F2relevant transferee], the [F2relevant transferee] and all other persons shall, as from the transfer date, have the same rights, powers and remedies (and, in particular, the same rights as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for asserting, perfecting or enforcing that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of the [F2relevant transferee].
(5)Any legal proceedings or application to any authority pending on the transfer date by or against the development corporation (and not relating to property, rights, liabilities or obligations excepted by the order from the transfer to the [F2relevant transferee]) may be continued on and after that date or against the [F2relevant transferee].
Textual Amendments
F2Words in Sch. 10 para. 1 substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 31(3)(a); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)
F3Words in Sch. 10 para. 1(2)(c) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 31(3)(b); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)