SCHEDULE 5 Transfer Schemes: Further Provision
Local Government Act 2003 (2003 c 26) | Legislation

SCHEDULE 5 Transfer Schemes: Further Provision

Section 106

Contents of transfer scheme

1

(1)     The property, rights and liabilities which may be transferred by a transfer scheme under section 106 (“transfer schemeâ€) include property, rights and liabilities that would not otherwise be capable of being transferred or assigned.

(2)     The transfers authorised by sub-paragraph (1) include transfers which are to take effect as if there were no such contravention, liability or interference with any interest or right as there would otherwise be by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.

2

A transfer scheme may define the property, rights and liabilities to be transferred by specifying or describing them or by referring to all of the property, rights and liabilities comprised in a specified part of the undertaking of the transferor (or partly in one way and partly in the other).

3

A transfer scheme may contain provision—

(a)     for the creation, in relation to property which the scheme transfers, of an interest in

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