Article 7 Transfer of property, rights and liabilities from the Strategic Rail Authority to the Authority
On or as soon as practicable after 1st July 2004 the Strategic Rail Authority and the Authority shall use their best endeavours to agree in writing—
which property, rights and liabilities, including rights and liabilities in connection with any pending legal proceedings, it is fair and reasonable to transfer from the Strategic Rail Authority to the Authority to enable the Authority to carry out its functions; and
which of such property, rights and liabilities are to transfer on the date the agreement takes effect and which are to transfer on such later date as may be specified in the agreement.
An agreement under this article may—
indicate those matters about which agreement is still to be reached;
provide for a variation in the transfer of property, rights and liabilities in circumstances specified in the agreement; and
provide for the apportionment of property, rights and liabilities between the Strategic Rail Authority and the Authority.
The property, rights and liabilities referred to in paragraph (1) shall transfer from the Strategic Rail Authority to the Authority on the date specified in the agreement referred to in that paragraph.
Where there is a dispute between the Strategic Rail Authority and the Authority as to which property, rights and liabilities should be transferred—
the Strategic Rail Authority and the Authority may appoint a person to determine the dispute in accordance with article 8; or
if the Strategic Rail Authority and the Authority are unable to agree that the dispute should be so determined, or on the person to be appointed, either of them may request the Secretary of State to appoint such a person to determine the dispute in accordance with article 8.
This article shall have effect and be binding on all other persons in relation to the property, rights and liabilities to which it applies in spite of any provision (of whatever nature) which would—
prevent or restrict the transfer of the property, rights and liabilities otherwise than by this article; or
require the consent or concurrence of another person.
Where immediately before 1st July 2004 there is in force an agreement which confers or imposes on the Strategic Rail Authority rights or liabilities which are transferred to the Authority by virtue of this Order, that agreement shall have effect on and after that date as if—
the Authority had been a party to the agreement;
for a reference (in whatever terms and whether express or implied) to the Strategic Rail Authority there were substituted, in relation to anything falling to be done on or after that date, a reference to the Authority; and
for a reference (in whatever terms and whether express or implied) to a particular officer or a particular employee of the Strategic Rail Authority, not being a party to the agreement and beneficially interested in it, there were substituted, in relation to anything falling to be done under the agreement on or after that date, a reference to such person as the Authority may appoint.