Transfer of assets, rights and liabilities
54 Transfer of assets, rights and liabilities
When any assets, rights or liabilities are transferred by a transfer order, the following provisions have effect—
the assets of the transferor are, by operation of this clause, vested in the transferee,
the rights and liabilities of the transferor become, by operation of this clause, the rights and liabilities of the transferee,
all proceedings relating to the assets, rights and liabilities of the transferor or a predecessor of the transferor and pending immediately before the transfer are taken to be proceedings pending against the transferee,
any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities of the transferor before the transfer by, to or in respect of the transferor or a predecessor of the transferor is (to the extent to which it has any effect) taken to have been done or omitted by, to or in respect of the transferee,
a reference in any Act, in any instrument made under any Act or in any document of any kind to the transferor or a predecessor of the transferor is (to the extent to which it relates to the assets, rights or liabilities) taken to include a reference to the transferee.
The operation of this clause is not to be regarded—
as a breach of confidence or otherwise as a civil wrong, or
as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or
as giving rise to any remedy by a party to an instrument, or causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or
as an event of default under any contract or other instrument.
No attornment to the transferee by a lessee from the transferor is required.
A transfer is subject to the terms and conditions of the transfer order by which it is effected.
No compensation is payable to any person in connection with a transfer under this Division except to the extent (if any) to which the transfer order giving rise to the transfer so provides.
Subclause (5) does not affect the rights of any member of staff referred to in clause 53.
This Act’s bill:Explanatory memorandumSecond reading speech
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