Heathrow Express Railway (Transfer) Order 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/1332 |
1995 No. 1332
TRANSPORT AND WORKS
TRANSPORT
The Heathrow Express Railway (Transfer) Order 1995
Made 17th May 1995
Coming into force 7th June 1995
The Secretary of State for Transport, on application made to him in accordance with the Transport and Works (Applications and Objections Procedure) Rules 19921made under section 6 of the Transport and Works Act 19922(hereinafter referred to as “the Act”) by Heathrow Airport Limited for an Order under section 1 of the Act, being satisfied in accordance with section 13(1) of the Act that its requirements in relation to any objections have been satisfied, and having determined to give effect to the proposals comprised in such application with modifications, in exercise of the powers conferred on him by sections 1 and 5 of the Act, and of all other powers enabling him in that behalf, hereby makes the following Order:—
Citation and commencement
1.—(1) This Order may be cited as the Heathrow Express Railway (Transfer) Order 1995 and shall come into force on 7th June 1995.
(2) The Acts and this Order may be cited together as the Heathrow Express Railway Acts and Order 1991 to 1995.
Interpretation
2. In this Order, unless the context otherwise requires—
“the 1991 Act” means the Heathrow Express Railway Act 19913;
“the Acts” means the 1991 Act and the Heathrow Express Railway (No. 2) Act 19914;
“the Company” means Heathrow Airport Limited and includes any subsidiary (within the meaning of section 736 of the Companies Act 19855) of the Company;
“functions” includes powers, duties and obligations;
“transferee” means a person to whom all or any of the property or functions of the Company under the Acts have been transferred by virtue of a transfer agreement; and
“transfer agreement” means an agreement entered into under paragraph (1) or (2) of article 3 below.
Transfer of Company’s property and functions
3.—(1) The Company may enter into and carry into effect an agreement to sell, lease, charge or otherwise dispose of, on such terms and conditions as they think fit, the whole or any part of the undertaking consisting of the railway and other works comprised within the works as defined in the 1991 Act, and any land held for the purpose of, or in connection with, those works, so far as such undertaking is vested in the Company.
(2) Without prejudice to the generality of paragraph (1) above, the Company may enter into and carry into effect an agreement or agreements with any other person with respect to the transfer to and vesting in that other person of all or any of the functions of the Company arising under the Acts, including such functions as become exercisable by the Company by virtue of an agreement under section 19 (Exercise of powers with respect to works) of the 1991 Act.
(3) A transfer agreement may be entered into so as to transfer and vest such property and functions in any other person for such period as may be specified in that agreement or for so long as the agreement remains in force and where such an agreement is entered into references in the Acts to the Company shall, to the extent that the agreement so provides, have effect as references to the transferee.
(4) Without prejudice to the...
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