Cemeteries and Crematoria Act 2003

If a transfer order is made, on the date specified in the order as the transfer date—

all property and rights of the municipal council specified in the order vest in the Class A cemetery trust established by this Schedule and specified in the transfer order; and

all liabilities of the municipal council specified in the order become liabilities of the Class A cemetery trust established by this Schedule and specified in the transfer order; and

the Class A cemetery trust established by this Schedule and specified in the order becomes the successor in law of the municipal council in relation to the property, rights and liabilities specified in the transfer order.

If, under a transfer order, the property, rights and liabilities of a municipal council under an agreement, including an oral agreement, vest in, or become property, rights and liabilities of, a Class A cemetery trust established by this Schedule—

the Class A cemetery trust becomes, on the transfer date specified in the transfer order, a party to the agreement in place of the municipal council; and

on and after the transfer date specified in the transfer order, the agreement has effect as if the Class A cemetery trust had always been a party to the agreement.

If, immediately before the transfer date specified in the transfer order, proceedings relating to the property, rights or liabilities specified in the transfer order to which a municipal council was a party, were pending or existing in any court or tribunal, on and after the transfer date specified in the transfer order, the Class A cemetery trust established by this Schedule and specified in the order—

is substituted for the municipal council as a party to the proceedings; and

has the same rights in the proceedings as the municipal council had.

Without limiting this Schedule and despite anything to the contrary in any other Act or law (other than the Charter of Human Rights and Responsibilities Act 2006), if immediately before the transfer date specified in the transfer order, a municipal council is, in relation to the property, rights or liabilities specified in the transfer order, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—

the Class A cemetery trust established by this Schedule and specified in the order is to be taken to be the registered proprietor of that interest in land; and

the Class A cemetery trust established by this Schedule and specified in the order has the same rights and remedies in respect of that interest as the municipal council had.

Any instrument relating to property, rights and liabilities of a municipal council that under a transfer order have vested in, or become property, rights and liabilities of a Class A cemetery trust established by this Schedule has effect and continues to have effect according to its tenor on and after the transfer date specified in the transfer order as if a reference in the instrument to the municipal council were a reference to the Class A cemetery trust specified in the transfer order.

More than one transfer order may be made under this clause.