# The Channel Tunnel Rail Link (Nomination) Order 2008, Article 5: Transfer of rights and liabilities to HS1 Limited


(1) There shall by virtue of this Order transfer to HS1 Limited all rights conferred by the 1996 Act, and all liabilities, duties and obligations imposed by or arising under the 1996 Act, which, immediately before this Order came into force, were the rights, liabilities or obligations of CTRL (UK) Limited so far as concerns any matter connected with or relating to the works.
(2) All legal and other proceedings pending on 30th November 2008 may be amended in such manner as may be necessary or proper in consequence of paragraph (1), and any cause of action or proceeding pending or existing on that day by or against CTRL (UK) Limited may be continued, prosecuted or enforced by or against HS1 Limited so far as it concerns any matter connected with or relating to the works.
(3) Where, before 30th November 2008—
(a) any notice or other document has been given by or to CTRL (UK) Limited under the 1996 Act in connection with or in relation to the works, or
(b) any request for consent or approval has been made (whether or not it has been determined) or other thing done by CTRL (UK) Limited under the 1996 Act in connection with or relating to the works,
it shall have effect as if given by or to, made or done by or determined in respect of HS1 Limited.
(4) CTRL (UK) Limited is released from any liability, duty or obligation transferred under paragraph (1).
(5) Nothing in paragraphs (1) to (4) shall have the effect, as between HS1 Limited and CTRL (UK) Limited, of overriding any agreement made between them (whether before, on or after 30th November 2008) concerning the apportionment between them of responsibility for liabilities or the exercise of rights which transfer under paragraph (1), including any agreement as to the making of payments or the indemnification of one by another.

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Source: https://www.legislation.gov.uk/uksi/2008/3076/article/5 (the official version)
Page: https://openlegislation.uk/channel-tunnel-rail-link-nomination-order-2008/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

