Paragraph 1 I1

(1)

Paragraphs 2 and 3 apply if the following two conditions are satisfied.

(2)

The first condition is that—

(a)

provision is made by a transfer scheme for the transfer to a transferee of a specified part of a transferor’s undertaking, or

(b)

provision is made by a transfer scheme (or transfer schemes) for the transfer to different transferees of different specified parts of a transferor’s undertaking.

(3)

The second condition is that any property, right or liability falls partly in one part of the undertaking and partly in another or others; and the parts of the undertaking are—

(a)

the part (or each part) transferred, and

(b)

if a part is retained by the transferor, that part.

(4)

In paragraphs 2 and 3 references to the parties are to—

(a)

the transferee or transferees concerned, and

(b)

the transferor (if he retains part of the undertaking).

(5)

Paragraphs 2 and 3 do not apply to rights or liabilities under a contract of employment.

Annotations

Commencement

I1: Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)