SCHEDULES
SCHEDULE 2

Transfers of property etc and staff in connection with probation services arrangements

Property transfer schemes
3
1
This paragraph applies where a property transfer scheme is made.
2
The scheme has effect despite any provision, of whatever nature, which would otherwise prevent, penalise or restrict the transfer of anything that is the subject of the scheme.
3
A right of pre-emption, right of reverter or other similar right shall not operate or become exercisable as a result of any transfer of property by virtue of the scheme (but shall have effect after the transfer as if the transferee and the transferor were the same person and no transfer had taken place).
4
Such compensation as is just is to be paid to any person in respect of any right which would, apart from sub-paragraph (3), have operated in favour of, or become exercisable by, that person but which (in consequence of that sub-paragraph), cannot subsequently operate in his favour or become exercisable by him.
5
Any such compensation is to be paid by the transferor, by the transferee or by both.
6
The scheme may provide for the determination of disputes as to whether and, if so, how much compensation is to be paid and as to the person by whom or to whom it is to be paid.
7
This paragraph applies in relation to the creation of rights or interests, or the doing of anything else, in relation to property as it applies in relation to a transfer of property (and references to the transferor and transferee are to be read accordingly).
Sch. 2 para. 3 in force at 1.3.2008 by S.I. 2008/504, art. 2(b)