Sustainable Aviation Fuel Act 2026
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Change 1
5 Transfer schemes
(1) Where a company’s designation under section 4 is revoked, the Secretary of State may make one or more schemes for the transfer of the company’s property, rights and liabilities to the new designated counterparty. (2) The things that may be transferred under a transfer scheme include— (a) rights and liabilities relating to a contract of employment; (b) property, rights and liabilities that could not otherwise be transferred; (c) property acquired, and rights and liabilities arising, after the making of the scheme but before it takes effect. (3) A transfer scheme may— (a) create rights, or impose liabilities, in relation to property, rights or liabilities transferred; (b) make provision about the continuing effect of things done by the transferor in respect of anything transferred; (c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred; (d) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee; (e) make provision for apportioning property, rights or liabilities; (f) make provision which is the same as or similar to the TUPE regulations; (g) make other consequential, supplementary, incidental or transitional provision. (4) In subsection (3)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246). (5) A transfer scheme may include provision for compensation by the Secretary of State to any person whose interests are adversely affected by it. (6) The Secretary of State may modify a transfer scheme.
5 Transfer schemes
(1) Where a company’s designation under section 4 is revoked, the Secretary of State may make one or more schemes for the transfer of the company’s property, rights and liabilities to the new designated counterparty. (2) The things that may be transferred under a transfer scheme include— (a) rights and liabilities relating to a contract of employment; (b) property, rights and liabilities that could not otherwise be transferred; (c) property acquired, and rights and liabilities arising, after the making of the scheme but before it takes effect. (3) A transfer scheme may— (a) create rights, or impose liabilities, in relation to property, rights or liabilities transferred; (b) make provision about the continuing effect of things done by the transferor in respect of anything transferred; (c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred; (d) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee; (e) make provision for apportioning property, rights or liabilities; (f) make provision which is the same as or similar to the TUPE regulations; (g) make other consequential, supplementary, incidental or transitional provision. (4) In subsection (3)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246). (5) A transfer scheme may include provision for compensation by the Secretary of State to any person whose interests are adversely affected by it. (6) The Secretary of State may modify a transfer scheme.
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