SCHEDULES

SCHEDULE 31Transfer schemes: further provision

Obligations to enter into agreements or execute instruments

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1

A transfer scheme may contain provision for imposing, on the transferor or a transferee, obligations—

a

to enter into agreements with persons specified in the scheme, or

b

to execute instruments in favour of persons specified in the scheme.

2

Any person may be specified by virtue of sub-paragraph (1)(a) or (b) (including the transferor or a transferee).

3

Where a scheme contains provision for imposing an obligation of the kind mentioned in sub-paragraph (1)—

a

the scheme must specify or describe the agreement or instrument to which the obligation relates, and

b

the obligation may be enforced in any authorised way by the person—

i

with whom the agreement is to be entered into, or

ii

in favour of whom the instrument is to be executed.

4

In sub-paragraph (3)(b), “"enforced in any authorised way”” means enforced—

a

in civil proceedings for an injunction,

b

in civil proceedings for any other appropriate remedy or relief, or

c

in any other way authorised by the scheme.

5

The scheme may provide that sub-paragraph (4)(a) or (b)—

a

does not apply in relation to the obligation, or

b

applies in relation to the obligation subject to restrictions imposed by the scheme.