# The Postal Services Act 2011 (Transfer of Assets) Order 2012, Paragraph 4: Where transfer would incur material cost

Extent: E+W+S+N.I.

(1) If the Trustee considers, for any reason, that a transfer to the Fund of any Asset would (notwithstanding paragraphs 12 and 13) incur or require a material charge, penalty or market value adjustment or otherwise materially reduce the value of the Asset or incur or require a material charge or penalty under or cause the termination of any agreement ancillary to or connected with such Assets—
(a) the Trustee must not transfer the Asset or any Associated Liability related to it until the Fund has provided consent for the Asset and Associated Liability to transfer; and
(b) until the Asset transfers, paragraph 7 applies in respect of that Asset and any Associated Liability related to it.
(2) The Trustee must provide written confirmation to the Fund if it considers that an Asset falls within this paragraph.
(3) Upon receipt of the written confirmation under sub-paragraph (2), the Fund may serve a notice on the Trustee that paragraph 7(a) does not apply to that Asset.

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Source: https://www.legislation.gov.uk/uksi/2012/688/schedule/5/paragraph/4 (the official version)
Page: https://openlegislation.uk/postal-services-act-2011-transfer-of-assets-order-2012/schedule-5/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

