SCHEDULES
SCHEDULE 3Transfer schemes
Property, rights and liabilities that may be transferred
I12
1
The property, rights and liabilities that may be transferred by a scheme include—
a
property, rights and liabilities that would not otherwise be capable of being transferred or assigned;
b
property acquired in the period after the making of the scheme and before it comes into force;
c
rights and liabilities arising in that period;
d
rights and liabilities arising after the scheme comes into force in respect of matters occurring before it comes into force;
e
rights and liabilities under an enactment or EU instrument.
2
A scheme may provide that transfers are to take effect irrespective of—
a
any requirement to obtain a person's consent or concurrence,
b
any liability in respect of a contravention of another requirement, or
c
any interference with an interest or right,
which would otherwise apply.
3
Sub-paragraph (4) applies where a person would otherwise be entitled, in consequence of anything done, or likely to be done, in connection with a scheme—
a
to terminate, modify, acquire or claim an interest or right to which the transferor is entitled or subject, or
b
to treat such an interest or right as modified or terminated.
4
That entitlement is enforceable in relation to the interest or right—
a
in consequence of what is done or likely to be done, and
b
in corresponding circumstances arising after the transfer,
to the extent only that the scheme provides for it to be so enforceable.