SCHEDULES

SCHEDULE 2Transfer schemes

Powers and duties under statutory provisions

6

(1)

A scheme may make provision for some or all of the powers and duties to which this paragraph applies—

(a)

to be transferred to a transferee;

(b)

to become powers and duties that are exercisable, or must be performed, concurrently by two or more transferees; or

(c)

to become powers and duties that are exercisable, or must be performed, concurrently by a transferor and a transferee.

(2)

The powers and duties to which this paragraph applies are the powers and duties conferred or imposed upon the transferor by or under a relevant enactment so far as they relate to—

(a)

property to be transferred in accordance with the scheme;

(b)

the carrying out of works designed to be used in connection with such property; or

(c)

the acquisition of land for the purpose of the carrying out of such works.

(3)

In this paragraph “relevant enactment” means any enactment other than—

(a)

the 1993 Act;

(b)

Part 4 of the 2000 Act; or

(c)

this Act.

(4)

This paragraph does not require a restrictive construction to be given to what may be transferred by virtue of paragraph 2(1)(d).