Transport Bill - continued        House of Lords
PART I, AIR TRAFFIC - continued

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Miscellaneous
Enforcement of certain obligations.     60. - (1) An obligation imposed by a provision included in a scheme by virtue of section 42(4)(a) is enforceable by civil proceedings by a person with whom the agreement is to be made or by any transferor or transferee.
 
      (2) An obligation imposed by a provision included in a scheme by virtue of section 42(4)(b) is enforceable by civil proceedings by a person in whose favour the instrument is to be executed or by any transferor or transferee.
 
      (3) The proceedings may be for an injunction or for interdict or for any other appropriate relief or remedy.
 
      (4) A transaction effected in pursuance of an obligation mentioned in subsection (1) or (2)-
 
 
    (a) is to have effect subject to the provisions of any enactment providing for transactions of the kind concerned to be registered in a statutory register, but
 
    (b) subject to that, is to be binding on all other persons, even if it would otherwise require the consent or concurrence of any other person.
Special provisions about land.     61. - (1) For the purposes of this section these rights affecting land are relevant land rights-
 
 
    (a) a right of reverter (or in Scotland the right of the fiar on the termination of a liferent);
 
    (b) a right of pre-emption;
 
    (c) a right of forfeiture;
 
    (d) a right of re-entry;
 
    (e) a right of irritancy;
 
    (f) an option;
 
    (g) a right similar to anything falling within paragraphs (a) to (f).
      (2) No relevant land right is to operate or become exercisable as a result of a transfer of land-
 
 
    (a) under a transfer scheme,
 
    (b) in consequence of anything done under Schedule 6, or
 
    (c) pursuant to an obligation imposed by a provision included in a scheme by virtue of section 42(4)(a) or (b).
      (3) In the case of a transfer mentioned in subsection (2) a relevant land right is to have effect as if-
 
 
    (a) the person to whom the land is transferred were the same person in law as the person transferring the land, and
 
    (b) no transfer of the land had taken place.
      (4) Subsection (5) applies if-
 
 
    (a) apart from subsections (2) and (3) a relevant land right would have operated in favour of a person or become exercisable by him, but
 
    (b) the circumstances are such that in consequence of those subsections the right cannot subsequently operate in his favour or become exercisable by him (as the case may be).
      (5) In such a case just compensation is payable to him by the person to whom the land is transferred or the person transferring it (or both) in respect of the right's extinguishment.
 
      (6) A dispute about whether or how much compensation is payable or about the person to or by whom it is payable must be referred to and decided by-
 
 
    (a) an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),
 
    (b) an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or
 
    (c) an arbitrator appointed by the Lord Chancellor (if the proceedings are to be held in Northern Ireland).
      (7) If it appears to the person transferring the land that a person is or may be entitled to compensation he must-
 
 
    (a) notify that person in writing that he is or may be entitled, and
 
    (b) invite him to make representations to the person transferring the land, and to do so not later than the expiry of the period of 14 days starting with the date of issue of the notification.
      (8) But if the person transferring the land is not aware of the name and address of the person concerned he must publish in such manner as he thinks appropriate a notice-
 
 
    (a) containing information about the right affected, and
 
    (b) inviting any person who thinks he is or may be entitled to compensation to make representations to the person transferring the land, and to do so within the period (not less than 28 days starting with the date of publication of the notice) specified in the notice.
      (9) Subsections (2) and (3) apply in relation to the doing of any thing in relation to land (including the grant or creation of an estate or interest in it or right over it) as they apply in relation to a transfer of land; and a reference in this section to the person to whom the land is transferred or the person transferring it is to be construed accordingly.
 
Exercise of functions through nominees.     62. - (1) The Treasury or the Secretary of State with the Treasury's approval may for the purposes of section 49, 50 or 58 appoint a person to act as the nominee, or one of the nominees, of the Treasury or the Secretary of State.
 
      (2) In accordance with directions given from time to time by the Treasury or by the Secretary of State-
 
 
    (a) securities may be issued under section 49 or 58 to a nominee of the Secretary of State appointed for the purposes of that section, and
 
    (b) a nominee of the Treasury or the Secretary of State appointed for the purposes of section 50 may acquire securities under that section.
      (3) A person holding any securities as a nominee of the Treasury or the Secretary of State by virtue of this section must hold and deal with them (or any of them) on such terms and in such manner as may be specified in directions given by the Treasury or the Secretary of State.
 
      (4) A direction of the Secretary of State under subsection (2) or (3) requires the Treasury's consent.
 
Further provisions about transfer schemes.     63. Schedule 6 contains provisions about transfer schemes.
 
Tax.     64. Schedule 7 contains provisions about tax.
 
Pension entitlement of present and former employees of NATS.     65. - (1) In this section-
 
 
    "NATS employer" includes NATS, any designated company which succeeds to the business of NATS and any employer other than a designated company which succeeds to or acquires any part of the business of NATS;
 
    "NATS" is National Air Traffic Services Ltd whose air traffic services are to be transferred under the provisions of this Act;
 
    "protected beneficiary" includes-
 
      (a) any person who, on the transfer date, is employed by NATS and is an active member of the Scheme;
 
      (b) any person who is employed by NATS on the transfer date, but is then too young to join the Scheme, and who subsequently joins;
 
      (c) any person who is not an active member of the Scheme on the transfer date but who is subsequently entitled to rejoin as a NATS employee without a break in their continuity of employment;
 
      (d) any person who is not an active member of the Scheme on the transfer date, but who is entitled to accrued pension rights under the Scheme at that date; and
 
      (e) any person who is prospectively or contingently entitled to benefit under the Scheme on the death of a person covered under (a) to (d) above;
 
    "relevant scheme" means the Scheme or any other scheme of a NATS employer that covers protected beneficiaries, and that provides benefits in respect of the protected beneficiaries which are at least equivalent in value to those applicable to the protected beneficiaries as at the transfer date;
 
    "Scheme" means the Civil Aviation Authority Pension Scheme;
 
    "transfer date" means the date of the transfer of NATS to the public-private partnership.
      (2) NATS (or, if appropriate, the designated company) shall, subject to the consent of the Pension Schemes Office of the Inland Revenue, participate in the Scheme as a non-associated employer.
 
      (3) If NATS (or the designated company) does participate in the Scheme as a non-associated employer, a proportion of the total assets of the Scheme shall be segregated for the benefit of the protected beneficiaries and the share of assets so segregated shall be equal in proportion to the proportion that the Scheme's liabilities in respect of the protected beneficiaries bears to the Scheme's liabilities as a whole.
 
      (4) If NATS (or the designated company) is unable to participate in the Scheme, that NATS employer shall instead make available a relevant scheme for the benefit of the protected beneficiaries.
 
      (5) If the shares or business of NATS (or the designated company), or any part of that business, is transferred to a NATS employer other than NATS or a designated company, that NATS employer shall become a non-associated employer in the Scheme and if that is not possible that NATS employer shall instead make available a relevant scheme for the benefit of protected beneficiaries.
 
      (6) For the purposes of subsections (4) and (5), if a NATS employer is to make available a relevant scheme other than the Scheme, a share of the assets of the Scheme (or of the previous relevant scheme if not the Scheme) shall be transferred to the receiving relevant scheme, calculated on the basis described in subsection (3).
 
      (7) If a protected beneficiary transfers to the employment of another employer that also participates in the Scheme but which is not a NATS employer, that beneficiary shall remain a protected beneficiary for the purposes of the benefits to be provided to and in respect of him under the relevant scheme and if that beneficiary subsequently transfers back to the employment of a NATS employer he shall still remain a protected beneficiary.
 
      (8) For so long as a NATS employer remains as a participating employer of the Scheme in respect of protected beneficiaries, one trustee of the Scheme shall be a member representative selected from amongst the protected beneficiaries, and one trustee of the Scheme shall be an employer representative of the NATS employer.
 
      (9) The NATS employer shall contribute to the relevant scheme at no less than the rate recommended by that scheme's actuary as being sufficient to secure the accrued rights from time to time of the protected beneficiaries in full by the purchase of annuities and the NATS employer shall not be entitled unilaterally to suspend or terminate its contributions to the relevant scheme except upon its insolvency.
 
      (10) On the full winding-up of a relevant scheme, or on a partial winding-up which involves protected beneficiaries, any shortfall in the assets required to buy out the accrued rights at that time of the protected beneficiaries shall be met in full by the relevant NATS employer and shall be treated as a debt on the employer.
 
      (11) If, on the full or partial winding-up of a relevant scheme, as described in subsection (10), the trustees wish, rather than securing benefits by the purchase of annuities, to pay a bulk transfer to another scheme, that other scheme shall be a relevant scheme and the transfer value payable in respect of the protected beneficiaries shall be sufficient to secure a buy out of their accrued rights if the receiving scheme were to be wound up immediately following the transfer.
 
      (12) The NATS employer shall provide future benefits in the relevant scheme which, in respect of the protected beneficiaries, are at least equivalent in value to those available under the Scheme at the transfer date.
 
      (13) No amendment may be made to a relevant scheme which would result in a reduction of the accrued or future rights of protected beneficiaries, nor in an increase in the contributions payable by protected beneficiaries who are active members.
 
 
Interpretation
Interpretation.     66. - (1) This section defines these expressions (here listed alphabetically) for the purposes of this Chapter-
 
 
    (a) company;
 
    (b) company which wholly owns a company;
 
    (c) company wholly owned by the CAA;
 
    (d) company wholly owned by the Crown;
 
    (e) a Northern Ireland Minister;
 
    (f) securities;
 
    (g) shares held by the Crown;
 
    (h) subsidiary and wholly owned subsidiary;
 
    (i) transferee;
 
    (j) transferor.
      (2) "Company" has the meaning given by section 735(1) of the Companies Act 1985 or Article 3 of the Companies (Northern Ireland) Order 1986.
 
      (3) A company is wholly owned by the Crown at any time when all its shares are held by the Crown.
 
      (4) Shares are held by the Crown if they are held-
 
 
    (a) by a Minister of the Crown or his nominee,
 
    (b) by a Northern Ireland Minister or his nominee,
 
    (c) by a Northern Ireland department, or
 
    (d) by a company of which all the shares are held by the Crown.
      (5) "Northern Ireland Minister" includes the First Minister and the deputy First Minister in Northern Ireland.
 
      (6) A company is wholly owned by the CAA at any time when it has no members except-
 
 
    (a) the CAA and its wholly owned subsidiaries, or
 
    (b) persons acting on behalf of the CAA or its wholly owned subsidiaries.
      (7) A company which wholly owns another company is a company of which the other is a wholly owned subsidiary.
 
      (8) The expressions "subsidiary" and "wholly owned subsidiary" have the meanings given by section 736 of the Companies Act 1985 or Article 4 of the Companies (Northern Ireland) Order 1986.
 
      (9) "Securities" has the same meaning as in section 142 of the Financial Services Act 1986.
 
      (10) A transferee is any person to whom anything is or is to be transferred by a scheme.
 
      (11) A transferor is any person from whom anything is or is to be transferred by a scheme.
 
      (12) The definitions in this section apply unless the contrary intention appears.
 
 
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