10(1)Where—
(a)an entitlement of a third party to an interest or right would, apart from a provision of a scheme under paragraph 2(4) and (5), become enforceable in respect of the transfer or creation in accordance with such a scheme of any property, rights or liabilities,
(b)the provisions of that scheme or of paragraph 2(4) and (5) have the effect of preventing the third party’s entitlement to that interest or right from being enforced in respect of anything for which the scheme provides, and
(c)provision is not made by the scheme for securing that an entitlement to that interest or right, or to an equivalent interest or right, is preserved or created so as to arise and be enforceable in respect of the first occasion when corresponding circumstances next occur after the coming into force of the transfers for which the scheme provides,
the third party is entitled to compensation in respect of the extinguishment of the third party’s entitlement.
(2)The amount of compensation to which a third party is entitled under this paragraph is the amount necessary for securing, to the extent that it is just to do so, that the third party does not suffer financial loss from the extinguishment of the entitlement.
(3)A liability to pay compensation under this paragraph falls on the Secretary of State.
(4)In the preceding provisions of this paragraph “third party”, in relation to a scheme, means a person other than the transferor and the transferee.
(5)This paragraph has effect in relation to the provisions of an agreement or instrument entered into or executed in pursuance of an obligation imposed by a scheme as it has effect in relation to the scheme.
Commencement Information
I1Sch. 4 para. 10 in force at 26.12.2023, see s. 334(3)(a)