SCHEDULES
SCHEDULE 31Transfer schemes: further provision
Property, rights and liabilities
1
1
The property, rights and liabilities that may be the subject of a transfer scheme include in particular—
a
rights and liabilities relating to contracts of employment;
b
property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the transferor;
c
property acquired after the making of the scheme and rights and liabilities arising after the making of the scheme;
d
rights and liabilities under an enactment.
2
A transfer scheme may—
a
create rights or interests in relation to property for whose transfer the scheme provides or property retained by the transferor;
b
create rights and liabilities as between the transferor and a transferee or as between different transferees.
3
A transfer scheme may contain provision about enforcement, by or against any one or more of the transferor and the transferee or transferees, of a right or liability for whose transfer or creation the scheme provides.
4
A transfer scheme may define the property, rights and liabilities to be transferred or property to be retained by the transferor—
a
by specifying it or them;
b
by describing it or them.
5
A description of property, rights or liabilities may be framed in particular—
a
by reference to the transferor's undertaking;
b
by reference to a specified part of that undertaking.
2
The power under section 46 to make a scheme for the transfer of any property from one person (A) to another (B) may be exercised instead so as to make a scheme for the creation by A in favour of B of an interest in or right in relation to the property.