Paragraph 8 F1

(1)

This paragraph applies where in the case of any transfer to which this Schedule applies any rights or liabilities transferred are rights or liabilities under an agreement or licence to which the transferor was a party immediately before the transfer date, whether in writing or not, and whether or not of such nature that rights and liabilities thereunder could be assigned by the transferor.

(2)

So far as relating to property, rights or liabilities transferred to the transferee, the agreement or licence shall have effect on and after the transfer date as if—

(a)

the transferee had been the party thereto ;

(b)

for any reference (whether express or implied and, if express, however worded) to the transferor there were substituted, as respects anything falling to be done on or after the transfer date, a reference to the transferee;

(c)

any reference (whether express or implied and, if express, however worded) to a person employed by, or engaged in the business of, the transferor and holding a specified office or serving in a specified capacity were, as respects anything falling to be done on or after the transfer date, a reference to such person as the transferee may appoint or, in default of appointment, to a person employed by, or engaged in the business of, the transferee who corresponds as nearly as may be to the first-mentioned person;

(d)

any reference in general terms (however worded) to persons employed by, persons engaged in the business of, or agents of, the transferor were, as respects anything to be done on or after the transfer date, a reference to persons employed by, persons engaged in the business of, or agents of, the transferee.

Annotations

Textual amendments

F1: Sch. 1 repealed (E.W.S.) (with saving) by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3)(4), Sch. 8 para. 40. Sch. 9 Pt. II

Notes on the whole Act

Textual amendments

F1: Act repealed (15.2.1999) except ss. 24, 26, 31, 37 and 38 and, in Sch. 3, paras. 1, 3, 4, 8 (so far as relating to sections 3 and 9 of the Mineral Workings (Offshore Installations) Act 1971), 11, 34, 37 and 39 by 1998 c. 17, s. 51, Sch. 5 Pt. I (with Sch. 3 para. 5(1)); S.I. 1999/161, art. 2(1)

Notes on Schedule 1

Modifications

C1: The text of Sch. 1, Sch. 3 paras. 1–10, 11(1)(2), 21–25, 30, 31, 34–44, Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified does not reflect any amendments or repeals which may have been made prior to 1.2.1991.