Article 4 Transfer of property, rights and liabilitiesI1

England and Wales

(1)

On the transfer date, the following transfer to and vest in the transferee—

(a)

all property held by or on behalf of the transferor immediately before that date; and

(b)

all rights and liabilities to which the transferor was entitled or subject immediately before that date including any rights conferred on the transferor by an order made under section 1 of the Sea Fisheries (Shellfish) Act 1967^f1.

(2)

But rights transferred by virtue of paragraph (1)(b) do not include any rights to which article 3 applies.

(3)

On and after the transfer date, all property of a relevant council held for the purposes of the transferor immediately before that date is held by the council for the purposes of the transferee.

(4)

Paragraph (1) has effect in spite of any provision (of whatever nature) that would prevent or restrict the transfer of the property, rights or liabilities in question otherwise than by that paragraph.

Annotations

Commencement

I1: Art. 4 in force at 1.4.2011, see art. 1(2)

Footnotes

f1: 1967 c.83, section 1 has been amended by section 15 of the Sea Fisheries Act 1968 (c.77), paragraph 15 of Schedule 2 to the Fisheries Limits Act 1976 (c.86), section 1 of the Sea Fisheries (Shellfish) Amendment Act 1997 (c.3), paragraph 42 of Schedule 2 to the Scotland Act 1998 (Consequential Modifications) (No 2) Order 1999 (S.I. 1999/1820) and sections 201 and 203 of the Marine and Coastal Access Act 2009. Provision is made in section 188(3) of the Marine and Coastal Access Act 2009 for the transfer of such rights whether or not capable of being transferred or assigned.