Schedules
Schedule 4Transfer schemes
I18Supplementary provisions of schemes
1
A scheme may—
a
make incidental, supplemental, consequential and transitional provision in connection with the other provisions of the scheme;
b
make different provision for different purposes.
2
In particular, a scheme may make provision, in relation to transfers in accordance with the scheme—
a
for the transferee to be treated as the same person in law as the transferor;
b
for agreements made, transactions effected or other things done by or in relation to the transferor to be treated, so far as may be necessary for the purposes of or in connection with the transfers, as made, effected or done by or in relation to the transferee;
c
for references in an agreement, instrument or other document to the transferor, or to an employee or office holder of the transferor, to have effect, so far as may be necessary for the purposes of or in connection with a transfer, with such modifications as are specified in the scheme;
d
that the effect of any transfer in accordance with the scheme in relation to contracts of employment with the transferor is not to terminate any of those contracts but is to be that periods of employment with the transferor are to count for all purposes as periods of employment with the transferee;
e
for proceedings commenced by or against the transferor to be continued by or against the transferee.
3
Sub-paragraph (2)(c) does not apply to references in an enactment or in subordinate legislation.
4
A scheme may make provision for disputes as to the effect of the scheme between the transferor and the transferee to be referred to such arbitration as may be specified in or determined under the scheme.
5
Where a person is entitled, in consequence of a scheme, to possession of a document relating in part to the title to land or other property in England and Wales, or to the management of such land or other property—
a
the scheme may provide for that person to be treated as having given another person an acknowledgement in writing of the right of that other person to production of the document and to delivery of copies of it, and
b
section 64 of the Law of Property Act 1925 (production and safe custody of documents) is to have effect accordingly, and on the basis that the acknowledgement did not contain an expression of contrary intention.
6
Where a person is entitled, in consequence of a scheme, to possession of a document relating in part to the title to land or other property in Scotland or to the management of such land or other property, subsection (1) of section 16 of the Land Registration (Scotland) Act 1979 (omission of certain clauses in deeds) is to have effect in relation to the transfer—
a
as if the transfer had been effected by deed, and
b
as if the words “unless specially qualified” were omitted from that subsection.
7
In this paragraph references to a transfer in accordance with a scheme include references to the creation in accordance with such a scheme of an interest, right or liability.