Paragraph 8 I1

(1)

Paragraphs 9 and 10 apply if—

(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.

(2)

It is immaterial whether or not the second condition set out in paragraph 1 is satisfied.

(3)

In paragraphs 9 and 10 references to the parties are to—

(a)

the transferee or transferees concerned, and

(b)

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

(4)

Paragraphs 9 and 10 do not apply to rights or liabilities under a contract of employment.

(5)

Sub-paragraph (6) applies if at the time a transfer scheme comes into force a transferor or transferee under the scheme is—

(a)

a company which is wholly owned by the Crown;

(b)

a company which is wholly owned by the CAA;

(c)

a company which is a wholly owned subsidiary of a company falling within paragraph (a) or (b).

(6)

Paragraphs 9 and 10 cease to apply in relation to the scheme concerned at the time when the transferor or any one of the transferees under the scheme ceases to be a company which falls within any of paragraphs (a) to (c) of sub-paragraph (5).

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)