SCHEDULES

SCHEDULE 6 Transfer schemes

Discharge of functions

I18

1

Paragraphs 9 and 10 apply if—

a

provision is made by a transfer scheme for the transfer to a transferee of a specified part of a transferor’s undertaking, or

b

provision is made by a transfer scheme (or transfer schemes) for the transfer to different transferees of different specified parts of a transferor’s undertaking.

2

It is immaterial whether or not the second condition set out in paragraph 1 is satisfied.

3

In paragraphs 9 and 10 references to the parties are to—

a

the transferee or transferees concerned, and

b

the transferor (if he retains part of the undertaking).

4

Paragraphs 9 and 10 do not apply to rights or liabilities under a contract of employment.

5

Sub-paragraph (6) applies if at the time a transfer scheme comes into force a transferor or transferee under the scheme is—

a

a company which is wholly owned by the Crown;

b

a company which is wholly owned by the CAA;

c

a company which is a wholly owned subsidiary of a company falling within paragraph (a) or (b).

6

Paragraphs 9 and 10 cease to apply in relation to the scheme concerned at the time when the transferor or any one of the transferees under the scheme ceases to be a company which falls within any of paragraphs (a) to (c) of sub-paragraph (5).