HC Deb 02 July 1986 vol 100 c1129

Lords amendment: No. 68, in page 66, line 6, at end insert— (1A) A scheme under section 1 or 14 may—

  1. (a) provide that any functions of the transferor under any statutory provision not contained in this Act shall, to the extent to which that provision relates—
    1. (i) to property transferred by the scheme, or
    2. (ii) to any undertaking of the transferor, or part of such an undertaking, so transferred,
    be transferred to the transferee under the scheme; and
  2. (b) define any such functions—
    1. (i) by specifying the statutory provisions in question,
    2. (ii) by referring to all the statutory provisions (not contained in this Act) which relates to the property, or to the undertaking or part of the undertakings, to be transferred by the scheme, or
    3. (iii) by referring to all statutory provisions within sub-paragraph (ii), but specifying certain excepted provisions".

Mr. Michael Spicer

I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker

With this it will be convenient to take Lords amendments Nos. 69 to 71.

Mr. Spicer

Amendment No. 70 is principally a clarificatory amendment. When property is to be transferred under the provisions of clause 14, it is the Government's expectation that the freehold will be transferred where the freehold is owned. That is what we, on the whole, expect. There may, however, be exceptional cases where it would be appropriate to create and transfer the leasehold interest leaving the freehold interest with the parent authority. The amendment is designed to put it beyond doubt that in such exceptional cases the transfer of property might include the transfer of a leasehold interest.

Amendments Nos. 68, 69 and 71 are technical and ensure continuity in respect of the byelaws that apply at airports.

Question put and agreed to.

Subsequent Lords amendments agreed to, some with special entry.