Section 6 Supplementary provisions relating to transfers.
United Kingdom
In addition to any matter which by or under any of the preceding provisions of this Act is excepted from paragraph (b) of section 1(1) or from paragraph (b) of section 2(1) of this Act, there are excepted from those paragraphs any rights, liabilities or obligations of the Authority under—
any contract of employment;
any agreement for the rendering by a person of services to the Authority on his capacity as a member of the Authority; or
any pension scheme or agreement relating to a pension scheme.
Where immediately before the day which is the appointed day for the purposes of section 1 or section 2 of this Act there is in force an agreement which—
confers or imposes on the Authority any rights, liabilities or obligations which are transferred to one of the companies by virtue of that section, and
refers (in whatever terms and whether expressly or by implication) to a member or officer of the Authority,
the agreement shall have effect, in relation to anything falling to be done on or after that day, as if for that reference there were substituted a reference to such person as that company may appoint or, in default of such appointment, to the officer of that company who corresponds as nearly as may be to the member or officer of the Authority in question.
Where any right, liability or obligation is transferred to one of the companies by virtue of this Act, that company and all other persons shall, on and after the day on which it is so transferred, have the same rights, powers and remedies (and, in particular, the same rights as to the taking or resisting of legal proceedings) for ascertaining, perfecting or enforcing that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of the companyF1....
In subsection (3) of this section any reference to legal proceedings shall be construed as including a reference to any application to an authority, and any reference to the taking or resisting of legal proceedings shall be construed accordingly.
Annotations
Textual amendments
- F1
Words in s. 6(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 1