Article 3 Transfer of powers

Tioxide may enter into, and carry into effect, agreements for the transfer to RPM of the powers and duties conferred or imposed on Tioxide by the 1986 Act.

RPM, or any person to whom it transfers powers under the 1986 Act under this paragraph, may, with the consent of the Secretary of State, which must not be sought without first notifying Associated British Ports in writing of the name and address of the intended transferee and of the intention to seek such consent, enter into, and carry into effect, agreements for the transfer to another person of the powers and duties conferred or imposed on Tioxide by the 1986 Act.

The exercise of any power or duties conferred or imposed by the 1986 Act by any other person in accordance with an agreement under paragraph (1) or (2) is subject to the same liabilities, obligations and restrictions under that Act as would apply if that power were exercised by Tioxide.

Not later than 21 days before any such agreement comes into effect the transferor must give written notice to the Secretary of State and to Associated British Ports stating the name and address of the person to whom the powers are being transferred and the date when the transfer is to take effect.