SCHEDULES

SCHEDULE 3 Transfer to the Post Office company: supplementary provisions

Third party rights relating to land

6

F21

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2

In this paragraph “relevant land right” means any of the following rights relating to land—

a

a right of reverter (or, in Scotland, the right of the fiar on the termination of a liferent),

b

a right of pre-emption,

c

a right of forfeiture,

d

a right of re-entry,

e

a right of irritancy,

f

an option, and

g

a right similar to anything falling within paragraphs (a) to (f).

3

A relevant land right shall have effect, in the case of the transfer effected by virtue of section 62, as if—

a

F3the original holding company were the same person in law as the Post Office, and

b

no transfer of the land had taken place.

4

Such compensation as is just shall be paid by F3the original holding company to any person in respect of any relevant land right which would, apart from sub-paragraphs (1) to (3), have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of those sub-paragraphs, cannot subsequently operate in his favour or (as the case may be) become exercisable by him.

5

Any dispute as to whether, or how much, compensation is payable or about the person to whom it is payable shall be referred to and determined by—

a

an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),

b

an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or

c

an arbitrator appointed by the F1Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland (if the proceedings are to be held in Northern Ireland).