SCHEDULES

SCHEDULE 2Transfer schemes

Powers and duties under statutory provisions

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1

A scheme may make provision for some or all of the powers and duties to which this paragraph applies—

a

to be transferred to a transferee;

b

to become powers and duties that are exercisable, or must be performed, concurrently by two or more transferees; or

c

to become powers and duties that are exercisable, or must be performed, concurrently by a transferor and a transferee.

2

The powers and duties to which this paragraph applies are the powers and duties conferred or imposed upon the transferor by or under a relevant enactment so far as they relate to—

a

property to be transferred in accordance with the scheme;

b

the carrying out of works designed to be used in connection with such property; or

c

the acquisition of land for the purpose of the carrying out of such works.

3

In this paragraph “relevant enactment” means any enactment other than—

a

the 1993 Act;

b

Part 4 of the 2000 Act; or

c

this Act.

4

This paragraph does not require a restrictive construction to be given to what may be transferred by virtue of paragraph 2(1)(d).