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).