Amendment agreed to.
6 Dec 2005 : Column 820
No. 26, in page 27, line 24, at end insert
(g) section 37.'.
No. 27, in page 28, line 10, at end insert
'(9) In respect of section 35(2A)
(a) paragraph (a) shall have effect in relation to compulsory purchase orders made on or after 1st October 2005,
(b) an order bringing paragraph (b) into force on a date ("the commencement date")
(i) may provide for paragraph (b) to have effect in relation to purchases (whether compulsory or voluntary) completed before, on or after the commencement date, but
(ii) must include provision modifying section 295 of the Housing Act 1985 in its application by virtue of section 35(2A)(b) so that extinguishment of rights and easements takes effect, in the case of a purchase completed before the commencement date, on the commencement date,
(c) an order bringing paragraph (c) into force on a date ("the commencement date")
(i) may provide for paragraph (c) to have effect in relation to purchases (whether compulsory or voluntary) completed on or after 1st October 2005, but
(ii) shall not affect the lawfulness of anything done before the commencement date, and
(d) paragraph (d) shall be treated as having taken effect on 1st October 2005.'.[Mr. Caborn.]
No. 16, in page 28, line 34, leave out 'Olympics' and insert
'Olympic Games and Paralympic Games'.[Mr. Caborn.]
New Schedule 1
1 In this Schedule
"the Authority" means the Olympic Delivery Authority,
"transfer scheme" means a scheme under section [Olympic Delivery Authority: transfer schemes], and,
"specified person" means a person specified in section [Olympic Delivery Authority: transfer schemes](3).
Obligation to assist Secretary of State
2 The Authority and the specified persons shall on request give the Secretary of State information or assistance in connection with a direction to prepare a transfer scheme which the Secretary of State has given or may give.
Content of transfer scheme
3 (1) A transfer scheme may, in particular, make provision in connection with land.
(2) In particular, a transfer scheme may
(a) require the grant of an estate, interest or right;
(b) require the creation of an estate, interest or right for the purpose of being transferred;
(c) provide for transfer on financial or other terms;
(d) impose liabilities on the Authority;
(e) impose liabilities on the transferor.
6 Dec 2005 : Column 821
4 A transfer scheme
(a) may transfer property, rights or liabilities whether or not they would otherwise be capable of being transferred,
(b) may transfer rights and liabilities under an enactment, and
(c) may dispense with a requirement for consent (whether arising for an enactment, an instrument or an agreement).
5 In specifying property, rights or liabilities to be transferred a transfer scheme
(a) may use any manner of description (which may include reference to criteria specified in the scheme or to be determined in accordance with the scheme),
(b) may provide for exceptions, and
(c) may provide for the division of property, rights and liabilities in a manner specified in the scheme or to be determined in accordance with the scheme.
6 A transfer scheme may make provision
(a) for the resolution of disputes as to the effect of the scheme to be referred to arbitration, and
(b) for a certificate given by an arbitrator as to the effect of the transfer scheme to be conclusive.
7 A transfer scheme may make consequential, incidental or transitional provision and may, in particular
(a) provide for anything done by or in relation to a specified person to have effect as if done by or in relation to the Authority,
(b) permit anything (which may include legal proceedings) which is in the process of being done by or in relation to a specified person when a provision of a transfer scheme takes effect, to have effect as if done by or in relation to the Authority, and
(c) may provide for a reference to a specified person in an agreement (whether written or not), instrument or other document to be treated as a reference to the Authority.
8 (1) Transfer of property, rights or liabilities under a transfer scheme shall be disregarded for the purposes of a provision of a contract or other instrument which refers to transfer or disposal (whether so as to confer a right to terminate or vary or otherwise).
(2) Nothing in a transfer scheme shall give rise, in relation to land or an interest or estate in land or other property, to any of the following
(a) a right of reverter,
(b) a right of pre-emption,
(c) a right of forfeiture,
(d) a right to compensation, or
(e) an option or similar right.
9 Nothing in a transfer scheme relating to rights in connection with a contract of employment shall affect the operation of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794).
Modification of scheme
10 (1) This paragraph applies where