Greater London Authority Act 1999

• (2) So far as any premises provided for the purpose of discharging that or any other function of Transport for London are not required for that purpose, Transport for London may use those premises to provide facilities for the storage of other goods.

Incidental amenities and facilities

4

Transport for London may provide amenities or facilities, and construct works, for the purpose of making those amenities, facilities or works available for the use of any other person in pursuance of any agreement under section 156(6).

5

• (1) Transport for London may provide such amenities and facilities as it considers would benefit persons using—

• (a) any services or facilities provided by Transport for London, by any subsidiary of Transport for London, or by any other person in pursuance of any agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) of this Act or in pursuance of a transport subsidiary’s agreement; or

• (b) any other London passenger services or London connecting services.

• (2) Without prejudice to its powers under sub-paragraph (1) above, Transport for London may provide car parks and amenities or facilities for persons using them at any place convenient for prospective users of any services falling within sub-paragraph (1)(a) or (b) above.

• (3) Transport for London may provide facilities for the parking or keeping of any public service vehicles used in the provision of any London passenger service or London connecting service at any place convenient for persons providing any such service.

• (4) In this paragraph—

• “London passenger service” means any service for the carriage of passengers within, to or from Greater London (whether or not provided by Transport for London, by any subsidiary of Transport for London, or by any such other person as is mentioned in sub-paragraph (1)(a) above); and

• “London connecting service” means any service for the carriage of passengers to or from any place outside Greater London but convenient for prospective users of London passenger services or for persons seeking to transfer from London passenger services to services for the carriage of passengers to destinations further afield (including destinations outside the United Kingdom).

6

• (1) Where by virtue of any provision of paragraph 4 or 5 above Transport for London has power to provide any amenities or facilities (including any amenities or facilities of a particular description specifically mentioned in any such provision), Transport for London may enter into arrangements for the provision (including the management or operation) or (as the case may be) for the management or operation of any such amenities or facilities by any other person.

• (2) Any arrangements under this paragraph may include provision for the making of payments by Transport for London to, or for the giving of guarantees or any other financial assistance by Transport for London for the benefit of, the other party to the arrangements.

• (3) References in this Act to amenities or facilities provided by Transport for London include amenities or facilities provided, or managed or operated, by any other person in pursuance of arrangements under this paragraph.

Charges for services and facilities

7

• (1) Transport for London may make (or waive) such charges for services and facilities and make the use of services and facilities subject to such terms and conditions, as Transport for London thinks fit.

• (2) Transport for London’s power under sub-paragraph (1) above is subject only to the provisions of this Act and to any local enactment so far as that local enactment expressly provides for freedom from charges or otherwise prohibits the making of any charge (as distinct from limiting the discretion of persons carrying on any particular undertaking as to the charges of any description to be made by them).

Machinery and components

8

• (1) Transport for London may manufacture and repair any spare parts and components or other supplementary machinery or equipment required for the purpose of the operation or repair of any existing vehicles or other equipment of Transport for London or of any subsidiary of Transport for London.

• (2) Transport for London may repair any vehicles or other equipment, whether owned by Transport for London or any subsidiary of Transport for London or by any other person, and for the purpose of repairing any vehicle or equipment not belonging to Transport for London may supply any necessary parts and components for that vehicle or equipment.

• (3) In this paragraph—

• (a) references to manufacture include references to construction and production; and

• (b) references to repair include references to maintenance.

Technical assistance and advice

9

• (1) Transport for London may provide for any person professional or technical advice or assistance, including research and other services, as respects any matter in which Transport for London has skill, experience or expertise.

• (2) Transport for London may, on the request of any person for whom it is providing advice or assistance under sub-paragraph (1) above, establish for that person an undertaking carrying on any business in which Transport for London has skill or experience and manage it on that person’s behalf.

• (3) Transport for London may make such charges as it thinks fit in respect of anything done in exercise of its powers under this paragraph.

10

• (1) In this paragraph—

• (a) “relevant passenger service” means any London passenger service or London connecting service within the meaning of paragraph 5 above which is provided by any form of land or water transport (including, in either case, hovercraft); and

• (b) “independent service” means any relevant passenger service provided otherwise than by Transport for London or by any of its subsidiaries.

• (2) Transport for London may enter into arrangements with any person providing independent services for the reciprocal provision, on such terms as may be provided for by the arrangements, of ancillary services by each party to the arrangements in respect of any relevant passenger services provided by the other.

• (3) In sub-paragraph (2) above, “ancillary services” includes, in relation to any relevant passenger services, the sale of tickets for the carriage of passengers on those services, the reservation of seats in vehicles used in the provision of those services and the provision of information about those services to members of the general public.

Exploitation of commercial opportunities

11

Transport for London may let vehicles on hire.

12

• (1) Transport for London may dispose (whether absolutely or for a term of years) of any part of its undertaking or any property which in the opinion of the Mayor is not required by Transport for London for the purposes of the discharge by Transport for London of any of its functions and, in particular, may dispose of any interest in, or right over, any property which, subject to that interest or right, is retained by Transport for London.

• (2) Transport for London may supply to any person spare parts and components for passenger road vehicles disposed of by Transport for London in the exercise of its powers under sub-paragraph (1) above, or by a subsidiary of Transport for London, as being no longer required for the purposes of the discharge by Transport for London of any of its functions.

13

Transport for London may—

• (a) invest sums not immediately required for the purposes of the discharge by Transport for London of any of its functions,

• (b) turn its resources to account so far as not required for those purposes, and

• (c) spend such sums as it considers reasonable in the exploitation of commercial opportunities arising from the activities it carries on in the discharge of its functions.

Intermodal freight facilities

14

Transport for London may provide and maintain facilities for the transfer of freight—

• (a) from a railway to any other mode of transport,

• (b) to a railway from any other mode of transport,

• (c) from a waterway to any other mode of transport,

• (d) to a waterway from any other mode of transport.

Acquisition, disposal and development of land

15

• (1) Transport for London may develop its land in such manner as it thinks fit.

• (2) Transport for London may in particular—

• (a) develop for use by other persons land belonging to Transport for London which is not required for the purposes of the discharge by Transport for London of any of its functions, and

• (b) where the use of Transport for London’s land for the purposes of the discharge by Transport for London of any of its functions can be combined with its use by other persons, develop the land by constructing or adapting buildings on it for use wholly or partly by other persons,

with a view to the disposal of any right or interest in the land or (as the case may be) the buildings or any part of the buildings after the development is carried out.

• (3) Where Transport for London proposes under this paragraph to develop any land for use otherwise than for the purposes of discharging any of its functions it may acquire by agreement other land in the vicinity for the purpose of developing it together with that land.

16

Transport for London may grant an interest to any person in any land which it uses for the purposes of discharging any of its functions.

17

Subject to paragraph 20 below, where Transport for London has an interest in land which is used otherwise than for the purposes of discharging any of its functions, it may acquire by agreement additional interests in that land in order better to exploit the interest which it already has in that land.

18

• (1) Subject to paragraph 20 below, Transport for London may acquire land for the purposes of discharging any of its functions (including the rehousing or relocating of the occupiers of dwellings or other properties acquired or to be acquired by Transport for London or a subsidiary of Transport for London ).

• (2) The power of Transport for London to acquire land under sub-paragraph (1) above includes a power to purchase land which Transport for London has no immediate plans to use or develop.

• (3) Transport for London may acquire land by agreement for the purposes of any agreement entered into by it under section 156(2) or (3) of this Act or of any transport subsidiary’s agreement.

• (4) Where Transport for London proposes to dispose of any of its land it may acquire by agreement land in the vicinity for the purpose of disposing of it together with the other land.

19

• (1) Subject to the following provisions of this paragraph and paragraph 20 below, the Secretary of State may authorise Transport for London to purchase compulsorily any land which is required by Transport for London or a subsidiary of Transport for London for the purposes of the discharge of any function.

• (2) The Acquisition of Land Act 1981 shall apply to any compulsory purchase by virtue of sub-paragraph (1) above.

• (3) Transport for London shall not by virtue of sub-paragraph (1) above submit to the Secretary of State a compulsory purchase order authorising the acquisition of any land in accordance with section 2(2) of the Acquisition of Land Act 1981 unless the Mayor has given his consent.

• (4) Activities carried on by Transport for London by virtue of paragraph 9 above shall not be treated for the purposes of sub-paragraph (1) above as the discharge by Transport for London of any of its functions.

• (5) This paragraph does not authorise Transport for London to purchase compulsorily land which it has power to acquire by agreement under paragraph 15(3) or 18(3) or (4) above.

• (6) Subject to sub-paragraph (7) below, the power of purchasing land compulsorily in this paragraph includes power to acquire an easement or other right over land by the creation of a new right.

• (7) Sub-paragraph (6) above does not apply to an easement or other right over land which forms part of a common, open space or fuel or field garden allotment within the meaning of section 19 of the Acquisition of Land Act 1981.

20

Except as provided by section 403A, 403B or paragraph 15(3), 17 or 18(3) or (4) above, Transport for London does not have power to acquire land (or any interest in land) for purposes which are not related to any of the activities, other than the development of land, of Transport for London or any subsidiary of Transport for London.

21

Where any activities for which provision is made by an agreement under section 156(2) or (3) of this Act or under a transport subsidiary’s agreement cease to be carried on by the other party (whether by reason of the expiry or termination of the agreement or otherwise), Transport for London may—

• (a) acquire by agreement any land or other property used for the purpose of carrying on those activities; and

• (b) in the case of an agreement under section 156(3) of this Act or of a transport subsidiary’s agreement falling within section 169(3) above, itself carry on those activities notwithstanding that it would not otherwise have power to do so.

Research and development of policies

22

• (1) Transport for London may do anything which appears to it to be practicable and desirable for the purpose of promoting—

• (a) research into matters affecting, or arising out of, the exercise of the functions of Transport for London or any of its subsidiaries, and

• (b) the exploitation of the results of any research into any such matter (whether or not promoted by Transport for London) and of anything resulting from any idea affecting, or arising out of, the exercise of any of those functions.

• (2) In paragraph (1)(b) above “exploitation” means the doing of any work requisite to enable the results or (as the case may be) the thing in question to be turned to account.

• (3) Transport for London may exercise the powers under sub-paragraph (1) above by carrying out any research or work for that purpose itself or by arranging for it to be carried out or done by some other person with or without assistance (including financial assistance) from Transport for London.

• (4) Nothing in this paragraph authorises Transport for London, either directly or through a subsidiary of Transport for London, to do any work which it would not have power to do apart from this paragraph.

Welfare and efficiency of employees

23

• (1) Transport for London may do anything it thinks fit for the purpose of advancing—

• (a) the skill of persons employed by Transport for London or by any subsidiary of Transport for London;

• (b) the efficiency of the equipment of Transport for London or of any subsidiary of Transport for London or of the manner in which that equipment is operated;

including providing, or assisting others in providing, facilities for training, education and research.

• (2) Transport for London may provide houses, hostels and other similar accommodation for persons employed by Transport for London or by any subsidiary of Transport for London.

Acquisition of undertakings etc

24

Transport for London may acquire any undertaking or part of an undertaking if the assets comprised in the undertaking or the part of the undertaking are wholly or mainly assets which Transport for London requires for the purposes of discharging any of its functions.

25

For the purposes of discharging any of its functions, Transport for London may subscribe for or acquire any securities of a body corporate.

Byelaws for railways

26

• (1) Transport for London may make byelaws regulating—

• (a) the use and working of its railways;

• (b) travel on its railways;

• (c) the maintenance of order on its railways and railway premises, including stations and the approaches to stations;

• (d) the conduct of all persons while on those premises, including officers and employees of Transport for London.

• (2) Byelaws made by Transport for London by virtue of sub-paragraph (1) above may include in particular byelaws—

• (a) with respect to tickets issued for entry on its railway premises or travel on its railways and the evasion of payment of fares and other charges;

• (b) with respect to interference with or obstruction of the working of the railways;

• (c) with respect to the smoking of tobacco in railway carriages and elsewhere;

• (d) with respect to the prevention of nuisances;

• (e) with respect to the receipt and delivery of goods;

• (f) for regulating the passage of bicycles and other vehicles on footways and other premises controlled by Transport for London and intended for the use of pedestrians.

• (3) Any byelaws made by virtue of sub-paragraph (1) above may provide that any person contravening them shall be liable on summary conviction to a fine for each offence not exceeding level 3 on the standard scale or not exceeding a lesser amount.

• (4) Where the contravention of a byelaw made by virtue of sub-paragraph (1) above causes—

• (a) danger or annoyance to the public, or

• (b) hindrance to Transport for London in the lawful use of its railway,

Transport for London may summarily interfere to obviate or remove the danger, annoyance or hindrance.

• (5) Anything done by Transport for London under sub-paragraph (4) above is without prejudice to the taking of summary proceedings under sub-paragraph (3) above.

• (6) Subsections (5) to (12) of section 67 of the Transport Act 1962 (byelaws for railways etc.) shall apply in relation to byelaws made by Transport for London by virtue of sub-paragraph (1) above as they apply to byelaws made under that section but taking references in those subsections to the Board as references to Transport for London.

• (7) For the purposes of this paragraph—

• (a) railways, railway premises, officers or employees of a subsidiary of Transport for London shall be deemed to be railways, railway premises, officers or employees of Transport for London, and

• (b) footways and other premises controlled by a subsidiary of Transport for London shall be deemed to be footways and other premises controlled by Transport for London.

Byelaws for landing places

27

• (1) Subject to sub-paragraphs (2) and (3) below, Transport for London may make and enforce byelaws for regulating or controlling the use of any landing place which is vested in or operated by it or any of its subsidiaries.

• (2) Sub-paragraph (1) above does not apply to any landing place for which the Port of London Authority has power to make byelaws under section 161 of the Port of London Act 1968 (byelaws for port premises).

• (3) No byelaw made by Transport for London under sub-paragraph (1) above shall conflict or interfere with the operation of any byelaw made by the Port of London Authority under section 162(1)(b) or (e) of the Port of London Act 1968 (Thames byelaws).

• (4) The power conferred by sub-paragraph (1) above includes the power to make and enforce byelaws specifying—

• (a) persons or descriptions of persons who, or

• (b) vessels or descriptions of vessels which,

may or may not use a landing place.

• (5) A person who contravenes a byelaw made under this paragraph shall be liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.

• (6) For the purposes of this paragraph, “landing place” means any waterside landing place, wharf, pier, jetty, pontoon, causeway, hard, footway or other installation, and includes any associated buildings and approaches to it over and from land.

• (7) This paragraph is without prejudice to the provisions of any other enactment.

Museums

28

• (1) Transport for London may provide and maintain a museum of transport artefacts, records and other exhibits and may do anything necessary or expedient for or in connection with the provision or maintenance of the museum.

• (2) Transport for London may make a charge for admission to a museum maintained by it.

Supplementary

29

If Transport for London engages, either directly or through a subsidiary, in any activities authorised by paragraph 11 or 15(2) or (3) above, it shall in carrying on those activities act as if it were a company engaged in a commercial enterprise or (as the case may be) shall exercise its control over that subsidiary so as to ensure that the subsidiary in carrying on those activities acts as a company so engaged.

30

Any specific power conferred on Transport for London by or by virtue of any provision of this Act to make any loan or give any guarantee or to subscribe for or acquire any securities shall not affect the power of Transport for London—

• (a) to lend money by way of investment or to subscribe for or acquire securities by way of investment; or

• (b) to leave outstanding any loan made or guarantee given, or to retain any securities acquired, by London Regional Transport or by any predecessor in title of London Regional Transport.

Miscellaneous

31

• (1) Neither Transport for London nor any subsidiary of Transport for London shall be regarded as a common carrier by rail or inland waterway.

• (2) No local enactment passed or made with respect to any particular undertaking so far as it imposes on persons carrying on that undertaking—

• (a) a duty to connect, or afford facilities for the connection of, any siding to a railway; or

• (b) a duty to permit privately owned railway wagons to be used on a railway owned or operated by them; or

• (c) a duty (otherwise than to a named person, or to the successor of a named person, or for the benefit of specified lands) to provide or maintain any other railway services or facilities (including the provision of stations, sidings or carriages and of any services, facilities or amenities connected with stations, sidings or carriages);

or so far as it otherwise makes provision corresponding to any of the repealed enactments, shall apply to Transport for London.

• (3) The reference in sub-paragraph (2) above to the repealed enactments is a reference to the following enactments, that is to say—

• section 76 of the Railways Clauses Consolidation Act 1845;

• section 69 of the Railways Clauses Consolidation (Scotland) Act 1845;

• sections 2 and 7 of the Railway and Canal Traffic Act 1854;

• sections 16 and 39 of the Railways Act 1921;

• section 30 of the London Passenger Transport Act 1933;

• section 39 of the Road and Rail Traffic Act 1933; and

• section 22 of the Transport Act 1953;

all of which made provision with respect to transport charges and facilities and were repealed by the Transport Act 1962.

Other powers

32

Transport for London may do all other things which in its opinion are necessary or expedient to facilitate the discharge by it of any of its functions, including the securing of the performance of any agreement entered into by it under section 156 of this Act or of any transport subsidiary’s agreement.

33

Transport for London may do anything necessary for the purpose of fulfilling a contract which by virtue of section 300 or 415 of this Act has effect as if made by Transport for London, notwithstanding that apart from this paragraph Transport for London would not have power to do that thing.

SCHEDULE 12 — Transport for London transfer schemes

Interpretation

1

In this Schedule—

• “transfer scheme” means—a scheme under section 165 of this Act; ora scheme under section 217 of this Act;

• “transferor” means the person from whom property, rights or liabilities are transferred by a transfer scheme;

• “transferee” means a person to whom any such property, rights or liabilities are so transferred.

Contents of transfer schemes

2

• (1) The property, rights and liabilities which may be transferred by a transfer scheme include—

• (a) property, rights and liabilities which would not otherwise be capable of being transferred or assigned; and

• (b) rights and liabilities under enactments.

• (2) No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property shall operate or become exercisable as a result of any transfer of land or other property by virtue of a transfer scheme whether or not any consent required to the transfer has been obtained.

• (3) No right to terminate or vary a contract or instrument shall operate or become exercisable, and no provision of a contract or relevant document shall operate or become exercisable or be contravened, by reason of any transfer by virtue of a transfer scheme.

• (4) For purposes connected with any transfers (including transfers of rights and liabilities under an enactment) made by virtue of a transfer scheme, or by virtue of an instrument or agreement made in connection with a transfer scheme, a body or person to which anything is transferred by any such transfer is to be treated as the same person in law as the body or person from which that thing is transferred, except as otherwise provided in the transfer scheme, instrument or agreement.

• (5) Sub-paragraph (4) above is without prejudice to section 415 of this Act or any other provision made by or under this Act which makes transitional provision in relation to a transfer.

• (6) Sub-paragraphs (2) to (5) above shall have effect in relation to—

• (a) the grant or creation of an estate or interest in, or right over, any land or other property, or

• (b) the doing of any other thing in relation to land or other property,

as they have effect in relation to a transfer of land or other property.

• (7) In this paragraph, “relevant document” means—

• (a) any enactment, other than an enactment contained in this Act;

• (b) any subordinate legislation made otherwise than under this Act; or

• (c) any deed or other instrument.

Apportionment and division

3

• (1) A transfer scheme may make provision for the apportionment or division of any property, rights or liabilities.

• (2) Where a transfer scheme makes provision for the apportionment or division between two or more persons of any rights or liabilities under a contract, the contract shall have effect, as from the coming into force of the provision, as if it constituted two or more separate contracts separately enforceable by and against each of those persons respectively as respects the part of the rights or liabilities which falls to him as a result of the apportionment or division.

Definition of the property, rights and liabilities transferred

4

A transfer scheme may define the property, rights and liabilities to be transferred—

• (a) by specifying or describing them;

• (b) by referring to all (or all except anything specified or described) of the property, rights and liabilities comprised in a specified part of the undertaking of the transferor; or

• (c) partly in the one way and partly in the other.

Other provision that may be made by a transfer scheme

5

• (1) The provision that may be made by a transfer scheme includes provision—

• (a) for the creation, in relation to any land or other property which the scheme transfers, of an estate or interest in or right over the property in favour of the transferor;

• (b) for the creation, in favour of a transferee, of an estate or interest in or right over any land or other property retained by the transferor or transferred by the scheme to another transferee;

• (c) for the creation of rights or liabilities as between two or more transferees or as between one or more transferees and the transferor;

• (d) for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against two or more transferees, or by or against one or more transferees and the transferor;

• (e) for imposing on the transferor or a transferee an obligation to enter into written agreements with, or execute other instruments in favour of, the transferor, or that or any other transferee, or such other person as may be specified in the scheme.

• (2) The provision that may be made by a transfer scheme includes provision for transfers to take effect at such time of day as may be specified in the order.

Power to make supplementary etc provision

6

A transfer scheme may make such supplementary, incidental, consequential or transitional provision, or savings, as Transport for London considers appropriate.

Functions under local Acts or Transport and Works Act orders

7

• (1) A transfer scheme may provide that any functions of the transferor under a relevant 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) Sub-paragraph (1) above applies in relation to any function under a relevant statutory provision if and to the extent that the relevant statutory provision—

• (a) relates 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 property or the acquisition of land for the purpose of carrying out any such works.

• (3) A transfer scheme which makes provision by virtue of this paragraph shall not have effect unless and until it is confirmed by an order made by the Secretary of State.

• (4) In this paragraph “relevant statutory provision” means any provision, whether of a general or of a special nature, contained in, or in any document made or issued under—

• (a) any local Act; or

• (b) any order under the Transport and Works Act 1992.

Effect of transfer scheme

8

On the date appointed by a transfer scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this paragraph, be transferred in accordance with the provisions of the scheme.

Continuity

9

• (1) Nothing in this Act affects the validity of anything done by or in relation to the transferor in connection with anything transferred by a transfer scheme.

• (2) There may be continued by or in relation to the transferee anything (including legal proceedings) which—

• (a) relates to anything transferred by a transfer scheme, and

• (b) is in the process of being done by or in relation to the transferor immediately before the transfer takes effect.

• (3) Anything which—

• (a) was done by the transferor for the purposes of or otherwise in connection with anything transferred by a transfer scheme, and

• (b) is in effect immediately before the transfer takes effect,

shall have effect as if done by the transferee.

• (4) The transferee shall be substituted for the transferor in any instruments, contracts or legal proceedings which—

• (a) relate to anything transferred by a transfer scheme, and

• (b) are made or commenced before the transfer takes effect.

• (5) Any reference in this paragraph to anything done by or in relation to the transferor includes a reference to anything which by virtue of any enactment is treated as having been done by or in relation to the transferor.

Transfer of employees

10

• (1) This paragraph applies where a person employed by the transferor becomes an employee of the transferee by virtue of a transfer scheme.

• (2) Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect shall be treated on and after that day as done by or in relation to the transferee.

• (3) For the purposes of Part XI of the Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer.

• (4) For the purposes of that Act—

• (a) the employee’s period of employment with the transferor shall count as a period of employment with the transferee; and

• (b) the change of employment shall not break the continuity of the period of employment.

Provision of information to Transport for London

11

• (1) Where Transport for London proposes to make a transfer scheme under section 217 of this Act, it may direct any person to whom, or from whom, property is to be transferred under the scheme—

• (a) to provide Transport for London with such information as Transport for London considers necessary to enable it to make the scheme; and

• (b) to do so within such time (being not less than 28 days from the giving of the direction) as may be specified in the direction.

• (2) If a person fails to comply with a direction under sub-paragraph (1) above, Transport for London may serve a notice on him requiring him—

• (a) to produce to Transport for London, at a time and place specified in the notice, any documents which are specified or described in the notice and are in his custody or under his control; or

• (b) to provide to Transport for London, at a time and place and in the form and manner specified in the notice, such information as may be specified or described in the notice.

• (3) No person shall be required under this paragraph—

• (a) to produce any documents which he could not be compelled to produce in civil proceedings in the court; or

• (b) in complying with any requirement for the provision of information, to provide any information which he could not be compelled to give in evidence in any such proceedings.

• (4) A person who without reasonable excuse fails to do anything required of him by a notice under sub-paragraph (2) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (5) A person who intentionally alters, suppresses or destroys any document which he has been required to produce by a notice under sub-paragraph (2) above is guilty of an offence and liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum; or

• (b) on conviction on indictment, to a fine.

• (6) If a person makes default in complying with a notice under sub-paragraph (2) above, the court may, on the application of Transport for London, make such order as the court thinks fit for requiring the default to be made good.

• (7) Any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.

• (8) In this paragraph—

• (a) any reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and

• (b) the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

• (9) In this paragraph “the court” means the High Court.

Modification of transfer scheme

12

• (1) If at any time after a transfer scheme has come into force—

• (a) the transferor,

• (b) any transferee affected, and

• (c) Transport for London, if not falling within paragraph (a) or (b) above,

so agree in writing, the scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the agreement.

• (2) Sub-paragraph (1) above does not apply in relation to modifications relating to the transfer of rights and liabilities under a contract of employment, unless the employee concerned is a party to the agreement.

• (3) An agreement under sub-paragraph (1) above—

• (a) may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme; and

• (b) in connection with giving effect to that provision from that time, may contain incidental, supplemental, consequential or transitional provision.

• (4) Transport for London may only enter into an agreement under sub-paragraph (1) above with the consent of the Mayor.

• (5) The Mayor, in giving his consent under sub-paragraph (4) above to an agreement in respect of a scheme under section 165 of this Act, may make it a condition of the consent that such further modifications to the scheme as he may specify in giving the consent are to be included in the agreement.

• (6) No modification may be specified by the Mayor under sub-paragraph (5) above which could not have been included in the agreement apart from that sub-paragraph.

SCHEDULE 13 — Promotion of Bills in Parliament by Transport for London

Preliminary requirements

1

No Bill may be deposited in Parliament by virtue of section 167(1)(a) of this Act until the requirements of paragraph 2 below have been complied with.

Consultation on draft Bill

2

• (1) Transport for London shall—

• (a) prepare a draft of the proposed Bill (“the draft Bill”);

• (b) send copies of the draft Bill to the bodies and persons specified in sub-paragraph (2) below; and

• (c) consult those bodies and persons about the draft Bill.

• (2) Those bodies and persons are—

• (a) the Mayor;

• (b) the Assembly;

• (c) every London borough council; and

• (d) the Common Council.

• (3) Where Transport for London sends copies of the draft Bill to those bodies and persons pursuant to sub-paragraph (1)(b) above, it shall also give those bodies and persons notice of the time within which, and the place at which, they may make representations about the draft Bill.

Publicity for, and exposure of, the draft Bill

3

• (1) Throughout the consultation period, Transport for London shall take such steps as in its opinion will give adequate publicity to the draft Bill.

• (2) A copy of the draft Bill shall be kept available by Transport for London for inspection by any person on request free of charge—

• (a) at the principal offices of Transport for London, and

• (b) at such other places as Transport for London considers appropriate,

at reasonable hours throughout the consultation period.

• (3) A copy of the draft Bill, or of any part of the draft Bill, shall be supplied to any person on request during the consultation period for such reasonable fee as Transport for London may determine.

• (4) In this paragraph “the consultation period” means the period which—

• (a) begins with the first day after the requirements of paragraph 2(1)(b) above have been complied with; and

• (b) ends with the time notified pursuant to paragraph 2(3) above.

Deposition of the Bill in Parliament

4

• (1) If, after the requirements of paragraph 2 above have been complied with, a Bill is deposited in Parliament by virtue of section 167(1)(a) of this Act, that Bill must be in the form of the draft Bill, either as originally prepared or as modified to take account of—

• (a) representations made pursuant to paragraph 2 above;

• (b) other representations made within the consultation period; or

• (c) other material considerations.

• (2) In this paragraph “the consultation period” has the same meaning as in paragraph 3 above.

Bills affecting statutory functions of London local authorities

5

• (1) If a Bill proposed to be deposited in Parliament by virtue of section 167(1)(a) of this Act contains provisions affecting the exercise of statutory functions by a London local authority, the Bill shall not be deposited in Parliament unless—

• (a) in a case where the exercise of statutory functions of one London local authority is affected, that authority has given its written consent to the Bill in the form in which it is to be so deposited; or

• (b) in a case where the exercise of statutory functions of two or more London local authorities is affected, at least 90 per cent. of all London local authorities have given their written consent to the Bill in that form.

• (2) In this paragraph “London local authority” means—

• (a) a London borough council; or

• (b) the Common Council.

Publicity for the deposited Bill

6

• (1) This paragraph applies where a Bill (“the deposited Bill”) is deposited in Parliament by virtue of section 167(1)(a) of this Act.

• (2) During the period of 14 days following the day on which the deposited Bill is deposited in Parliament, Transport for London shall take such steps as in its opinion will give adequate publicity to the Bill.

• (3) A copy of the deposited Bill shall be kept available by Transport for London for inspection by any person on request free of charge—

• (a) at the principal offices of Transport for London, and

• (b) at such other places as Transport for London considers appropriate,

at reasonable hours throughout the period while the Bill is in Parliament.

• (4) A copy of the deposited Bill, or of any part of the deposited Bill, shall be supplied to any person on request during that period for such reasonable fee as Transport for London may determine.

SCHEDULE 14 — PPP administration orders

Part I — Modifications of the 1986 Act

General application of provisions of 1986 Act

1

Where a PPP administration order has been made, sections 11 to 23 and 27 of the 1986 Act (which relate to administration orders under Part II of that Act) shall apply, with the modifications specified in the following provisions of this Part of this Schedule—

• (a) as if references in those sections to an administration order were references to a PPP administration order and references to an administrator were references to a special PPP administrator; and

• (b) where the company in relation to which the order has been made is a PPP company which is not a company registered under the Companies Act 2006 in England and Wales or Scotland, as if references in those sections to a company included references to such a company.

Effect of order

2

In section 11 of the 1986 Act (effect of order), as applied by this Part of this Schedule, the requirement in subsection (1)(a) that any petition for the winding up of the company shall be dismissed shall be without prejudice to the PPP administration order in a case where the order is made by virtue of section 222 of this Act.

Appointment of special PPP administrator

3

In section 13 of the 1986 Act (appointment of administrator), as applied by this Part of this Schedule, for subsection (3) there shall be substituted the following subsection—

(3) An application for an order under subsection (2) may be made— (a) by the Mayor of London; (b) by any continuing special PPP administrator of the company or, where there is no such special PPP administrator, by the company, the directors or any creditor or creditors of the company.

General powers of special PPP administrator

4

In section 14 of the 1986 Act (general powers of administrator), as applied by this Part of this Schedule,—

• (a) in subsection (1)(b), the reference to the powers specified in Schedule 1 to that Act shall be taken to include a reference to a power to act on behalf of the company for the purposes of Chapter VII of Part IV of this Act or any provision of a local or private Act which confers any power, or imposes any duty or obligation, on the company; and

• (b) in subsection (4), the reference to a power conferred by the company’s articles of association—

• (i) shall be taken to include a reference to any power conferred by any provision of a local or private Act which confers any power, or imposes any duty or obligation, on the company; and

• (ii) in the case of a company which is an unregistered company, shall be taken also to include a reference to any power conferred by the company’s constitution.

Power to deal with charged property

5

• (1) Section 15 of the 1986 Act (power to deal with charged property), as applied by this Part of this Schedule, shall have effect as follows.

• (2) In subsection (5)(b) (amount to be paid to chargeholder not to be less than open market value), for the words “in the open market by a willing vendor” there shall be substituted the words “ for the best price which is reasonably available on a sale which is consistent with the purposes of the PPP administration order ”.

Duties of special PPP administrator

6

• (1) Section 17 of the 1986 Act (duties of administrator), as applied by this Part of this Schedule, shall have effect in accordance with the following provisions of this paragraph.

• (2) For subsection (2) there shall be substituted the following subsection—

(2) Subject to any directions of the court, it shall be the duty of the special PPP administrator to manage the affairs, business and property of the company in accordance with proposals, as for the time being revised under section 23, which have been prepared for the purposes of that section by him or any predecessor of his.

• (3) In subsection (3), paragraph (a) (right of creditors to require the holding of a creditors’ meeting) shall be omitted.

Discharge of order

7

• (1) Section 18 of the 1986 Act (discharge and variation of administration order), as applied by this Part of this Schedule, shall have effect as follows.

• (2) For subsections (1) and (2) there shall be substituted the following subsection—

(1) An application for a PPP administration order to be discharged may be made— (a) by the special PPP administrator, on the ground that the purposes of the order have been achieved; or (b) by the Mayor of London, on the ground that it is no longer necessary that the purposes of the order are achieved.

• (3) In subsection (3), the words “or vary” shall be omitted.

• (4) In subsection (4), the words “or varied” and “or variation” shall be omitted and for the words “to the registrar of companies” there shall be substituted—

• (a) where the company—

• (i) is registered under the Companies Act 2006, or

• (ii) is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies,

the words “to the Mayor of London and the registrar of companies”; and

• (b) where paragraph (a) above does not apply, the words “to the Mayor of London”.

Notice of making of order

8

In section 21(2) of the 1986 Act (notice of order to be given by administrator), as applied by this Part of this Schedule, for the words “to the registrar of companies” there shall be substituted—

• (a) where the company—

• (i) is registered under the Companies Act 2006, or

• (ii) is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies,

the words “to the Mayor of London and the registrar of companies”; and

• (b) where paragraph (a) above does not apply, the words “to the Mayor of London”.

Statement of proposals

9

In section 23 of the 1986 Act (statement of proposals), as applied by this Part of this Schedule, for subsections (1) and (2) there shall be substituted the following subsections—

(1) Where a PPP administration order has been made, the special PPP administrator shall, within 3 months (or such longer period as the court may allow) after the making of the order, send a statement of his proposals for achieving the purposes of the order— (a) to the Mayor of London; (b) so far as he is aware of their addresses, to all creditors of the company; and (c) except where the company is an unregistered company which is not subject to a requirement imposed under or by virtue of section 691(1) or 718 of the Companies Act 1985 to deliver any documents to the registrar of companies, to the registrar of companies; and may from time to time revise those proposals. (2) If at any time— (a) the special PPP administrator proposes to make revisions of the proposals for achieving the purposes of the PPP administration order, and (b) those revisions appear to him to be substantial, the special PPP administrator shall, before making those revisions, send a statement of the proposed revisions to the persons specified in subsection (2A). (2A) The persons mentioned in subsection (2) are— (a) the Mayor of London; (b) all creditors of the company, so far as the special PPP administrator is aware of their addresses; and (c) where the company— (i) is registered under the Companies Act 2006, or (ii) is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies, the registrar of companies. (2B) Where the special PPP administrator is required by subsection (1) or (2) to send any person a statement before the end of any period or before making any revision of any proposals, he shall also, before the end of that period or, as the case may be, before making those revisions either— (a) send a copy of the statement (so far as he is aware of their addresses) to all members of the company; or (b) publish in the prescribed manner a notice stating an address to which members should write for copies of the statement to be sent to them free of charge.

Applications to court

10

• (1) Section 27 of the 1986 Act (protection of interests of creditors and members), as applied by this Part of this Schedule, shall have effect as follows.

• (2) After subsection (1) there shall be inserted the following subsections—

(1A) At any time when a PPP administration order is in force the Mayor of London may apply to the High Court by petition for an order under this section on the ground specified in subsection (1B). (1B) The ground mentioned in subsection (1A) is that the special PPP administrator has exercised or is exercising, or proposing to exercise, his powers in relation to the company in a manner which will not best ensure the achievement of the purposes of the order. (1C) Where an application is made under subsection (1) in respect of a company in relation to which a PPP administration order is in force— (a) notice of the application shall be given to the Mayor of London; and (b) he shall be entitled to be heard by the court in connection with that application.

• (3) Subsection (3) (order not to prejudice or prevent voluntary arrangements or administrator’s proposals) shall be omitted.

• (4) In subsection (4) (provision that may be made in an order), the words “Subject as above” shall be omitted and for paragraph (d) there shall be substituted—

(d) without prejudice to the powers exercisable by the court in making a PPP administration order— (i) provide that the PPP administration order is to be discharged as from such date as may be specified in the order unless, before that date, such measures are taken as the court thinks fit for the purpose of protecting the interests of creditors; and (ii) make such consequential provision as the court thinks fit.

• (5) For subsection (6) there shall be substituted—

(6) Where a PPP administration order is discharged in consequence of such provision in an order under this section as is mentioned in subsection (4)(d)(i), the special PPP administrator shall, within 14 days after the date on which the discharge takes effect, send a copy of the order under this section— (a) to the Mayor of London; and (b) where the company— (i) is registered under the Companies Act 2006, or (ii) is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies, to the registrar of companies. and if, without reasonable excuse, the special PPP administrator fails to comply with this subsection, he is liable to a fine and, for continued contravention, to a daily default fine.

Particular powers of special PPP administrator

11

In the application of Schedule 1 to the 1986 Act (which sets out certain powers of the administrator) by virtue of section 14 of that Act, as applied by this Part of this Schedule in relation to a company which is an unregistered company, paragraph 22 shall be omitted.

Part II — Further modifications of the 1986 Act: application in relation to foreign companies

Introductory

12

• (1) Where a PPP administration order has been made in relation to a company which is a foreign company, sections 11 to 23 and 27 of the 1986 Act (as applied by Part I of this Schedule) shall apply in relation to that foreign company with the further modifications set out in the following provisions of this Part of this Schedule.

• (2) In this Part of this Schedule, “foreign company” means a company incorporated outside Great Britain.

Effect of order

13

• (1) Section 11 of the 1986 Act (effect of administration order), as applied by this Part of this Schedule in relation to a foreign company, shall have effect as follows.

• (2) In subsection (1), paragraph (b) shall be omitted.

• (3) Subsection (2) shall be omitted.

• (4) In subsection (3)—

• (a) paragraphs (a) and (b) shall be omitted; and

• (b) in paragraph (d)—

• (i) the reference to the commencement or continuation of proceedings shall be taken as a reference to the commencement or continuation of proceedings in Great Britain; and

• (ii) the reference to the levying of distress against the company shall be taken as a reference to the levying of distress against the foreign company to the extent of its property in England and Wales;

and any reference to property or goods shall be taken as a reference to property or (as the case may be) goods for the time being situated within Great Britain.

• (5) Subsections (4) and (5) shall be omitted.

• (6) At the end of that section there shall be added—

(6) Where a PPP administration order is in force in relation to a company which is a foreign company within the meaning of section 224 of the Greater London Authority Act 1999— (a) any person appointed to perform functions equivalent to those of an administrative receiver, and (b) if the special PPP administrator so requires, any person appointed to perform functions equivalent to those of a receiver, shall refrain from performing those functions in Great Britain in relation to the foreign company and any of the company’s property for the time being situated in Great Britain, during the period for which that order is in force or, in the case of such a person as is mentioned in paragraph (b) above, during so much of that period as falls after the date on which he is required to do so.

Notification of order

14

In section 12 of the 1986 Act (notification of order), as applied by this Part of this Schedule in relation to a foreign company, the reference to a statement that the affairs, business and property of the company are being managed by the administrator shall be taken as a reference to a statement that—

• (a) the affairs and business of the foreign company so far as carried on in Great Britain, and

• (b) the property of the foreign company so far as that property is for the time being situated within Great Britain,

are being managed by the special PPP administrator.

General powers of special PPP administrator

15

• (1) Section 14 of the 1986 Act (general powers of administrator), as applied by this Part of this Schedule in relation to a foreign company, shall have effect as follows.

• (2) In subsection (1)(a), the reference to the affairs, business and property of the company shall be taken as a reference to—

• (a) the affairs and business of the foreign company so far as carried on in Great Britain, and

• (b) the property of that company so far as that property is for the time being situated within Great Britain.

• (3) Subsection (2)(a) shall be omitted.

• (4) In subsection (4)—

• (a) the reference to any power conferred on the company or its officers shall be taken to include any power conferred on the foreign company or its officers under the law under which the foreign company is incorporated; and

• (b) any reference (however expressed) to the exercise of any power conferred on the company or its officers shall be taken as a reference to the exercise of that power so far as it relates to—

• (i) the affairs and business of the foreign company so far as carried on in Great Britain, or

• (ii) the property of that company so far as that property is for the time being situated within Great Britain.

Power to deal with charged property

16

In section 15 of the 1986 Act (power of administrator to deal with charged property etc), as applied by this Part of this Schedule in relation to a foreign company, any reference to property or goods shall be taken as a reference to property or (as the case may be) goods for the time being situated within Great Britain.

Duties of special PPP administrator

17

In section 17 of the 1986 Act (general duties of administrator), as applied by this Part of this Schedule in relation to a foreign company,—

• (a) in subsection (1), the reference to property shall be taken as a reference to property for the time being situated within Great Britain; and

• (b) in subsection (2), the reference to the affairs, business and property of the company shall be taken as a reference to—

• (i) the affairs and business of the foreign company so far as carried on in Great Britain, and

• (ii) the property of that company so far as that property is for the time being situated within Great Britain.

Statement as to company’s affairs

18

In section 22(1) of the 1986 Act (power of administrator to require certain persons to provide him with a statement as to company’s affairs), as applied by this Part of this Schedule in relation to a foreign company, the reference to the affairs of the company shall be taken as a reference to the affairs of the foreign company so far as they are carried on in Great Britain, or relate to property of that company for the time being situated within Great Britain.

Particular powers of special PPP administrator

19

• (1) The powers conferred on a special PPP administrator by virtue of Schedule 1 to the 1986 Act (which sets out certain powers of an administrator), as that Schedule applies by virtue of section 14 of that Act, as applied by this Part of this Schedule in relation to a foreign company, shall be exercisable only in relation to—

• (a) the affairs and business of that company, so far as carried on in Great Britain; and

• (b) the property of that company, so far as that property is for the time being situated within Great Britain.

• (2) In that Schedule, as it so applies,—

• (a) without prejudice to sub-paragraph (1) above, references to the property of that company shall be taken as references to that property, so far as that property is for the time being situated within Great Britain; and

• (b) paragraph 19 shall be omitted.

Part III — Supplemental

General adaptations and saving

20

• (1) Subject to the preceding provisions of this Schedule, references in the 1986 Act (except in sections 8 to 10 and 24 to 26), or in any other enactment passed before this Act, to an administration order under Part II of that Act, to an application for such an order and to an administrator shall include references, respectively, to a PPP administration order, to an application for a PPP administration order and to a special PPP administrator.

• (2) Subject as aforesaid and to sub-paragraph (3) below, references in the 1986 Act, or in any other enactment passed before this Act, to an enactment contained in Part II of that Act shall include references to that enactment as applied by section 221, 222, 223 or 224 of this Act or Part I or II of this Schedule.

• (3) Sub-paragraphs (1) and (2) above shall apply in relation to a reference in an enactment contained in Part II of the 1986 Act only so far as necessary for the purposes of the operation of the provisions of that Part as so applied.

• (4) The provisions of this Schedule shall be without prejudice to the power conferred by section 411 of the 1986 Act (company insolvency rules), as modified by sub-paragraphs (1) and (2) above.

Interpretation

21

• (1) In this Schedule “the 1986 Act” means the Insolvency Act 1986.

• (2) In this Schedule, and in any modification of the 1986 Act made by this Schedule, “special PPP administrator”, in relation to a PPP administration order, means any person appointed in relation to that order for the purposes of section 220(1) of this Act; and in any such modification “PPP administration order” has the same meaning as in Chapter VII of Part IV of this Act.

SCHEDULE 15 — Transfer of relevant activities in connection with PPP administration orders

Application of Schedule

1

• (1) This Schedule shall apply in any case where—

• (a) the court has made a PPP administration order in relation to a PPP company (“the existing appointee”); and

• (b) it is proposed that, on and after a date appointed by the court, another company (“the new appointee”) should carry on the relevant activities of the existing appointee, in place of the existing appointee.

• (2) In this Schedule—

• “the court”, in the case of any PPP company, means the court having jurisdiction to wind up the company;

• “other appointee” means any company, other than the existing appointee or the new appointee, which may be affected by the proposal mentioned in sub-paragraph (1)(b) above;

• “the relevant date” means such day, being a day before the discharge of the PPP administration order takes effect, as the court may appoint for the purposes of this Schedule; and

• “special PPP administrator”, in relation to a company in relation to which a PPP administration order has been made, means the person for the time being holding office for the purposes of section 220(1) of this Act.

Making and modification of transfer schemes

2

• (1) The existing appointee, acting with the consent of the new appointee and, in relation to the matters affecting them, of any other appointees, may make a scheme under this Schedule for the transfer of property, rights and liabilities from the existing appointee to the new appointee.

• (2) A scheme under this Schedule shall not take effect unless it is approved by the Mayor.

• (3) Where a scheme under this Schedule is submitted to the Mayor for his approval, he may, with the consent of the new appointee, of the existing appointee and, in relation to the matters affecting them, of any other appointees, modify the scheme before approving it.

• (4) If at any time after a scheme under this Schedule has come into force in relation to the property, rights and liabilities of any company the Mayor considers it appropriate to do so and the existing appointee, the new appointee and, in relation to the provisions of the order which affect them, any other appointees consent to the making of the order, the Mayor may by order provide that that scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the order.

• (5) An order under sub-paragraph (4) above may make, with effect from the coming into force of the scheme to which it relates, any such provision as could have been made by the scheme and, in connection with giving effect to that provision from that time, may contain such supplemental, consequential and transitional provision as the Mayor considers appropriate.

• (6) In determining, in accordance with the duties imposed upon him by or under this Act or any other enactment (whenever passed or made), whether and in what manner to exercise any power conferred on him by this paragraph, the Mayor shall have regard to the need to ensure that any provision for the transfer of property, rights and liabilities in accordance with a scheme under this Schedule allocates property, rights and liabilities to the different companies affected by the scheme in such proportions as appear to him to be appropriate i the context of the different relevant activities of the existing appointee which will, by virtue of this Act, be carried out at different times on and after the relevant date by the new appointee, by the existing appointee and by any other appointees.

• (7) It shall be the duty of the new appointee, of the existing appointee and of any other appointees to provide the Mayor with all such information and other assistance as he may reasonably require for the purposes of, or in connection with, the exercise of any power conferred on him by this paragraph.

• (8) Without prejudice to the other provisions of this Act relating to the special PPP administrator of a company, anything which is required by this paragraph to be done by a company shall, where that company is a company in relation to which a PPP administration order is in force, be effective only if it is done on the company’s behalf by its special PPP administrator.

Transfers by scheme

3

• (1) A scheme under this Schedule for the transfer of the existing appointee’s property, rights and liabilities shall come into force on the relevant date and, on coming into force, shall have effect, in accordance with its provisions and without further assurance, so as to transfer the property, rights and liabilities to which the scheme relates to the new appointee.

• (2) For the purpose of making any division of property, rights or liabilities which it is considered appropriate to make in connection with the transfer of property, rights and liabilities in accordance with a scheme under this Schedule, the provisions of that scheme may—

• (a) create for the existing appointee, the new appointee or any other appointees an interest in or right over any property to which the scheme relates;

• (b) create new rights and liabilities as between any two or more of those companies; and

• (c) in connection with any provision made by virtue of paragraph (a) or (b) above, make incidental provision as to the interests, rights and liabilities of other persons with respect to the subject-matter of the scheme.

• (3) The property, rights and liabilities of the existing appointee that shall be capable of being transferred in accordance with a scheme under this Schedule shall include—

• (a) property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the existing appointee;

• (b) such property, rights and liabilities to which the existing appointee may become entitled or subject after the making of the scheme and before the relevant date as may be described in the scheme;

• (c) property situated anywhere in the United Kingdom or elsewhere;

• (d) rights and liabilities under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.

• (4) The provision that may be made by virtue of sub-paragraph (2)(b) above includes—

• (a) provision for treating any person who is entitled by virtue of a scheme under this Schedule to possession of a document as having given another person an acknowledgement in writing of the right of that other person to the production of the document and to delivery of copies thereof; and

• (b) provision applying section 64 of the Law of Property Act 1925 (production and safe custody of documents) in relation to any case in relation to which provision falling within paragraph (a) above has effect.

• (5) For the avoidance of doubt, it is hereby declared that the transfers authorised by paragraph (a) of sub-paragraph (3) above include transfers which, by virtue of that paragraph, are to take effect as if there were no such contravention, liability or interference with any interest or right as there would be, in the case of a transfer or assignment otherwise than in accordance with a scheme under this Schedule, by reason of any provision having effect (whether under any enactment or agreement or otherwise) i relation to the terms on which the existing appointee is entitled or subject to the property, right or liability in question.

Transfer of licences

4

• (1) A scheme under this Schedule may provide for a licence held by the existing appointee to have effect as if it had been granted to the new appointee.

• (2) Different schemes under this Schedule may provide for a licence held by the same existing appointee to have effect as if it had been granted as a separate licence to each of the new appointees under those schemes.

• (3) In this paragraph “licence” means a licence under section 8 of the Railways Act 1993.

Supplemental provisions of schemes

5

• (1) A scheme under this Schedule may contain supplemental, consequential and transitional provision for the purposes of, or in connection with, the provision for the transfers or any other provision made by the scheme.

• (2) Without prejudice to the generality of sub-paragraph (1) above, a scheme under this Schedule may provide—

• (a) that for purposes connected with any transfers made in accordance with the scheme (including the transfer of rights and liabilities under an enactment) the new appointee is to be treated as the same person in law as the existing appointee;

• (b) that, so far as may be necessary for the purposes of or in connection with any such transfers, agreements made, transactions effected and other things done by or in relation to the existing appointee are to be treated as made, effected or done by or in relation to the new appointee;

• (c) that, so far as may be necessary for the purposes of or in connection with any such transfers, references in any agreement (whether or not in writing) or in any deed, bond, instrument or other document to, or to any officer of, the existing appointee are to have effect with such modifications as are specified in the scheme;

• (d) that proceedings commenced by or against the existing appointee are to be continued by or against the new appointee;

• (e) that the effect of any transfer under the scheme in relation to contracts of employment with the existing appointee is not to be to terminate any of those contracts but is to be that periods of employment with the existing appointee are to count for all purposes as periods of employment with the new appointee;

• (f) that disputes as to the effect of the scheme between the existing appointee and the new appointee, between either of them and any other appointee or between different companies which are other appointees are to be referred to such arbitration as may be specified in or determined under the scheme;