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SCHEDULE 3
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TRANSFER TO THE POST OFFICE COMPANY: SUPPLEMENTARY PROVISIONS |
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General provisions as to vesting of property etc. |
| | 1. - (1) Anything (including any legal proceedings) which, immediately before the appointed day, is in the process of being done by or in relation to the Post Office may, so far as it relates to anything transferred by virtue of section 51, be continued by or in relation to the Post Office company.
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(2) Anything done (or having effect as if done) by or in relation to the Post Office for the purposes of or in connection with anything transferred by virtue of section 51 shall, if in force immediately before the appointed day, have effect as if done by or in relation to the Post Office company in so far as that is required for continuing its effect on or after the appointed day.
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(3) The transfer effected by virtue of section 51 does not affect the validity of anything done (or having effect as if done) by or in relation to the Post Office before the appointed day.
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(4) Any agreement (whether or not in writing), or any document other than an agreement or enactment, which was made before the appointed day shall have effect, so far as may be necessary for the purposes of, or in consequence of, the transfer effected by virtue of section 51 as if-
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(a) any references (including references which are to be construed as such references) to the Post Office were references to the Post Office company, and |
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(b) any references (including references which are to be construed as such references) to an employee or other person serving the Post Office in a specified capacity were references to such a person as the Post Office company may appoint or, in default of appointment, to a person with corresponding functions serving the Post Office company. |
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(5) This paragraph is subject to any provision made by or under this Act.
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Pensions |
| | 2. - (1) The Secretary of State may by order make such provision in relation to pension arrangements as he considers appropriate in connection with the transfer effected by virtue of section 51.
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(2) In making any such provision, he shall have regard to the need to ensure that no person of a particular description is treated less favourably than another person of the same description.
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Third party rights relating to land |
| | 3. - (1) No relevant land right shall operate or become exercisable as a result of the transfer effected by virtue of section 51.
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(2) In this paragraph "relevant land right" means any of the following rights relating to land-
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(a) a right of reverter (or, in Scotland, the right of the fiar on the termination of a liferent), |
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(b) a right of pre-emption, |
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(c) a right of forfeiture, |
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(e) a right of irritancy, |
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(g) a right similar to anything falling within paragraphs (a) to (f). |
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(3) A relevant land right shall have effect, in the case of the transfer effected by virtue of section 51, as if-
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(a) the Post Office company were the same person in law as the Post Office, and |
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(b) no transfer of the land had taken place. |
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(4) Such compensation as is just shall be paid by the Post Office company to any person in respect of any relevant land right which would, apart from sub-paragraphs (1) to (3), have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of those sub-paragraphs, cannot subsequently operate in his favour or (as the case may be) become exercisable by him.
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(5) Any dispute as to whether, or how much, compensation is payable or about the person to whom it is payable shall be referred to and determined by-
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(a) an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales), |
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(b) an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or |
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(c) an arbitrator appointed by the Lord Chancellor (if the proceedings are to be held in Northern Ireland). |
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Other third party property rights |
| | 4. - (1) This paragraph applies where-
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(a) any rights or liabilities of a third party which were enforceable against or by the Post Office have by virtue of this Part of this Act become enforceable against or by the Post Office company, and |
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(b) the value of any property or interest of the third party is diminished as a result. |
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(2) Such compensation as is just shall be paid by the Post Office company.
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(3) Any dispute as to whether, or how much, compensation is payable or about the person to whom it is payable shall be referred to and determined by-
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(a) an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales), |
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(b) an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or |
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(c) an arbitrator appointed by the Lord Chancellor (if the proceedings are to be held in Northern Ireland). |
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(4) In this paragraph "third party" means any person other than the Post Office and the Post Office company.
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Vesting of foreign property etc. |
| | 5. - (1) The Post Office and the Post Office company shall take, as and when during the transitional period the Post Office company considers appropriate, all such steps as may be necessary to secure that the vesting in the Post Office company by virtue of section 51 or this paragraph of any foreign property, right or liability is effective under the relevant foreign law.
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(2) Until the vesting in the Post Office company by virtue of section 51 or this paragraph of any foreign property, right or liability is effective under the relevant foreign law, the Post Office shall during the transitional period-
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(a) hold that property or right for the benefit of the Post Office company, or |
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(b) discharge that liability on behalf of the Post Office company. |
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(3) Nothing in sub-paragraphs (1) and (2) shall be taken as prejudicing the effect under the law of the United Kingdom, or of any part of the United Kingdom, of the vesting in the Post Office company by virtue of section 51 or this paragraph of any foreign property, right or liability.
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(4) The Post Office shall, subject to sub-paragraphs (5) and (6), have all such powers as may be necessary for the performance of its duties under this paragraph.
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(5) The Post Office company shall during the transitional period act on behalf of the Post Office (so far as possible) in performing the duties imposed on the Post Office by this paragraph.
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(6) Any foreign property, rights and liabilities acquired or incurred by the Post Office during the transitional period shall immediately become property, rights and liabilities of the Post Office company.
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(7) References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have been determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.
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(8) Any expenses incurred by the Post Office under this paragraph shall be met by the Post Office company.
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Interpretation |
| | 6. The period of the continued existence of the Post Office after the appointed day is referred to in this Schedule as "the transitional period".
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