SCHEDULE 6 Transfer Schemes

SCHEDULE 6 Transfer Schemes

Section 63

Allocation

1

(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.

2

(1)     If the nature of the property, right or liability permits, it must be apportioned in appropriate proportions between the parties;

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