Section 92 Functions under local or private legislation etc.

United Kingdom

(1)

A transfer scheme may provide that any functions of the transferor under a statutory provision—

(a)

shall be transferred to the transferee;

(b)

shall be concurrently exercisable by two or more transferees; or

(c)

shall be concurrently exercisable by the transferor and one or more transferees.

(2)

Subsection (1) above applies in relation to any function under a statutory provision if and to the extent that the statutory provision—

(a)

relates to any part of the transferor’s undertaking, or to any property, which is to be transferred by the scheme; or

(b)

authorises the carrying out of works designed to be used in connection with any such part of the transferor’s undertaking or the acquisition of land for the purpose of carrying out any such works.

(3)

Subsection (1) above does not apply to any function of the Board or of any of the Board’s subsidiaries under any provision of this Act or of—

(a)

the M1Transport Act 1962;

(b)

the M2Transport Act 1968;

(c)

section 4 of the M3Railways Act 1974; or

(d)

sections 119 to 124 of the M4Transport Act 1985.

(4)

A transfer scheme may define any functions of the transferor to be transferred or made concurrently exercisable by the scheme in accordance with subsection (1) above—

(a)

by specifying the statutory provisions in question;

(b)

by referring to all the statutory provisions (except those specified in subsection (3) above) which—

(i)

relate to any part of the transferor’s undertaking, or to any property, which is to be transferred by the scheme, or

(ii)

authorise the carrying out of works designed to be used in connection with any such part of the transferor’s undertaking or the acquisition of land for the purpose of carrying out any such works; or

(c)

by referring to all the statutory provisions within paragraph (b) above, but specifying certain excepted provisions.

(5)

In this section “statutory provision” means a provision whether of a general or of a special nature contained in, or in any document made or issued under, any Act, whether of a general or a special nature.

Annotations

Marginal citations

M1: 1962 c. 46.
M2: 1968 c. 73.
M3: 1974 c. 48.
M4: 1985 c. 67.

Notes on Part II

Modifications

C1

Pt. II (ss. 84-116) excluded (retrospective to 5.11.1993) by 1994 c. 9, s. 252, Sch. 24 para. 4(1)

Pt. II (ss. 84-116) excluded (retrospective to 11.1.1994) by 1994 c. 9, s. 252, Sch. 24 para. 8(4)

Pt. II (ss. 84-116) excluded (retrospective to 5.11.1993) by 1994 c. 9, s. 252, Sch. 24 para. 17(2) (with s. 252(2))