Horserace Totalisator Board Bill [H.L.] - continued        House of Lords

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  S C H E D U L E
  HORSERACE TOTALISATOR BOARD TRANSFER SCHEME
 
Interpretation
     1. In this Schedule-
 
 
    "transfer scheme" means a scheme under section 1 of this Act;
 
    "transferor" means the person from whom property, rights or liabilities are transferred by the transfer scheme;
 
    "transferee" means the Secretary of State.
 
Contents of transfer scheme
     2. - (1) The property, rights and liabilities which may be transferred by a transfer scheme include-
 
 
    (a) property, rights and liabilities which would not otherwise be capable of being transferred or assigned; and
 
    (b) rights and liabilities under enactments.
      (2) No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property shall operate or become exercisable as a result of any transfer of land or other property by virtue of a transfer scheme whether or not any consent required to the transfer has been obtained.
 
      (3) No right to terminate or vary a contract or instrument shall operate or become exercisable, and no provision of a contract or relevant document shall operate or become exercisable or be contravened, by reason of any transfer by virtue of a transfer scheme.
 
      (4) For purposes connected with the transfer (including transfers of rights and liabilities under an enactment) made by virtue of a transfer scheme, or by virtue of an instrument or agreement made in connection with a transfer scheme, where anything is transferred by any such transfer to the Secretary of State he is to be treated as the same person in law as the body or person from which that thing is transferred, except as otherwise provided in the transfer scheme, instrument or agreement.
 
      (5) Sub-paragraphs (2) to (4) above shall have effect in relation to-
 
 
    (a) the grant or creation of an estate or interest in, or right over, any land or other property, or
 
    (b) the doing of any other thing in relation to land or other property,
       as they have effect in relation to a transfer of land or other property.
 
      (6) In this paragraph, "relevant document" means-
 
 
    (a) any enactment, other than an enactment contained in this Act;
 
    (b) any subordinate legislation made otherwise than under this Act; or
 
    (c) any deed or other instrument.
 
Definition of the property, rights and liabilities transferred
     3. A transfer scheme may define the property, rights and liabilities to be transferred-
 
 
    (a) by specifying or describing them;
 
    (b) by referring to all (or all except anything specified or described) of the property, rights and liabilities comprised in a specified part of the undertaking of the transferor; or
 
    (c) partly in the one way and partly in the other.
 
Other provision that may be made by a transfer scheme
     4. - (1) The provision that may be made by a transfer scheme includes provision-
 
 
    (a) for the creation, in relation to any land or other property which the scheme transfers, of an estate or interest in or right over the property in favour of the transferor;
 
    (b) for the creation, in favour of a transferee, of an estate or interest in or right over any land or other property retained by the transferor;
 
    (c) for imposing on the transferor or a transferee an obligation to enter into written agreements with, or execute other instruments in favour of, the transferor.
      (2) The provision that may be made by a transfer scheme includes provision for transfers to take effect at such time of day as may be specified in the order.
 
 
Power to make supplementary etc provision
     5. The transfer scheme may make such supplementary, incidental, consequential or transitional provision, or savings, as the Tote, after consultation with the Secretary of State, considers appropriate.
 
 
Effect of transfer scheme
     6. On the date appointed by the transfer scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this paragraph, be transferred in accordance with the provisions of the scheme.
 
 
Continuity
     7. - (1) Nothing in this Act affects the validity of anything done by or in relation to the transferor in connection with anything transferred by a transfer scheme.
 
      (2) There may be continued by or in relation to the transferee anything (including legal proceedings) which-
 
 
    (a) relates to anything transferred by a transfer scheme, and
 
    (b) is in the process of being done by or in relation to the transferor immediately before the transfer takes effect.
      (3) Anything which-
 
 
    (a) was done by the transferor for the purposes of or otherwise in connection with anything transferred by a transfer scheme, and
 
    (b) is in effect immediately before the transfer takes effect,
       shall have effect as if done by the transferee.
 
      (4) The transferee shall be substituted for the transferor in any instruments, contracts or legal proceedings which-
 
 
    (a) relate to anything transferred by a transfer scheme, and
 
    (b) are made or commenced before the transfer takes effect.
      (5) Any reference in this paragraph to anything done by or in relation to the transferor includes a reference to anything which by virtue of any enactment is treated as having been done by or in relation to the transferor.
 
 
Transfer of employees
     8. - (1) This paragraph applies where a person employed by the transferor becomes an employee of the transferee by virtue of a transfer scheme.
 
      (2) Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect shall be treated on and after that day as done by or in relation to the transferee.
 
      (3) For the purposes of Part XI of the Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer.
 
      (4) For the purposes of that Act-
 
 
    (a) the employee's period of employment with the transferor shall count as a period of employment with the transferee; and
 
    (b) the change of employment shall not break the continuity of the period of employment.
 
Modification of transfer scheme
     9. - (1) If at any time after a transfer scheme has come into force-
 
 
    (a) the transferor, and
 
    (b) the transferee,
       so agree in writing, the scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the agreement.
 
      (2) Sub-paragraph (1) above does not apply in relation to modifications relating to the transfer of rights and liabilities under a contract of employment, unless the employee concerned is a party to the agreement.
 
      (3) An agreement under sub-paragraph (1) above-
 
 
    (a) may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme; and
 
    (b) in connection with giving effect to that provision from that time, may contain incidental, supplemental, consequential or transitional provision.
 
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