Paragraph 5 Property, rights and liabilities that may be transferred

(1)

A transfer scheme may transfer—

(a)

property, rights or liabilities that could not otherwise be transferred;

(b)

rights or liabilities under an enactment.

(2)

A transfer scheme may transfer—

(a)

property in any part of England and Wales;

(b)

rights or liabilities under the law of England and Wales.

(3)

A transfer scheme may transfer property, rights or liabilities acquired or arising after the scheme has been made but before it takes effect.

(4)

A transfer scheme may provide for a transfer to take effect despite any restriction arising by virtue of contract or legislation or in any other way.

(5)

In paragraph (4), “restriction” includes—

(a)

any restriction, inability or incapacity affecting what can and cannot be transferred (whether generally or by a particular person), and

(b)

a requirement for consent (by any name).