Office of Public Sector Information

Section 19.

SCHEDULE 3 Transfer of property

1 A scheme may, in particular—

(a) provide for the creation of rights or interests, or the imposition of liabilities or conditions, in relation to property transferred, or rights or interests acquired, by virtue of the scheme,

(b) provide for any property, liabilities or conditions to be determined under the scheme.

2 (1) A scheme is to have effect in relation to any property or liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities.

(2) A right of pre-emption, right of reverter or other similar right is not to operate or become exercisable as a result of any transfer of property by virtue of the scheme.

(3) In the case of such a transfer, any such right is to have effect as if the transferee were the same person in law as the transferor and as if no transfer of the property had taken place.

3 (1) Such compensation as is just is to be paid to any person in respect of any right which would, apart from paragraph 2, have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of that paragraph, cannot subsequently operate in his favour or (as the case may be) become exercisable by him.

(2) Any compensation payable by virtue of sub-paragraph (1) is to be paid by the transferor or by the transferee or by both.

(3) A scheme may provide for the determination of any disputes as to whether and, if so, how much, compensation is payable by virtue of sub-paragraph (1) and as to the person to whom or by whom it is to be paid.

4 Paragraphs 2 and 3 apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property; and references to the transferor and transferee are to be read accordingly.

5 A certificate issued by the appropriate Minister that any property or liability has, or has not, been transferred by virtue of a scheme is conclusive evidence of the transfer or (as the case may be) the fact that there has not been a transfer.

Section 26.

SCHEDULE 4 Meaning of “offence against a child”

1 The offences mentioned in paragraph (a) of subsection (1) of section 26 are—

(a) an offence under section 1 of the [1933 c. 12.] Children and Young Persons Act 1933 (cruelty to children),

(b) an offence under section 1 of the [1938 c. 36.] Infanticide Act 1938 (infanticide),

(c) an offence under section 5 of the [1956 c. 69.] Sexual Offences Act 1956 (intercourse with a girl under 13),

(d) an offence under section 6 of that Act (intercourse with a girl under 16),

(e) an offence under section 19 or 20 of that Act (abduction of girl under 18 or 16),

(f) an offence under section 25 or 26 of that Act (permitting girl under 13, or between 13 and 16, to use premises for intercourse),

(g) an offence under section 28 of that Act (causing or encouraging prostitution of, intercourse with or indecent assault on, girl under 16),

(h) an offence under section 1 of the [1960 c. 33.] Indecency with Children Act 1960 (indecent conduct towards young child),

(i) an offence under section 54 of the [1977 c. 45.] Criminal Law Act 1977 (inciting girl under sixteen to incest),

(j) an offence under section 1 of the [1978 c. 37.] Protection of Children Act 1978 (indecent photographs of children),

(k) an offence under section 1 of the [1984 c. 37.] Child Abduction Act 1984 (abduction of child by parent),

(l) an offence under section 160 of the [1988 c. 33.] Criminal Justice Act 1988 (possession of indecent photograph of child),

(m) an offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust).

2 The offences mentioned in paragraph (b) of that subsection are—

(a) murder,

(b) manslaughter,

(c) kidnapping,

(d) false imprisonment,

(e) an offence under section 18 or 20 of the Offences against the [1861 c. 100.] Person Act 1861 (wounding and causing grievous bodily harm),

(f) an offence under section 47 of that Act (assault occasioning actual bodily harm),

(g) an offence under section 1 of the [1956 c. 69.] Sexual Offences Act 1956 (rape),

(h) an offence under section 2 or 3 of that Act (procurement of woman by threats or false pretences),

(i) an offence under section 4 of that Act (administering drugs to obtain or facilitate intercourse),

(j) an offence under section 14 or 15 of that Act (indecent assault),

(k) an offence under section 16 of that Act (assault with intent to commit buggery),

(l) an offence under section 17 of that Act (abduction of woman by force or for the sake of her property),

(m) an offence under section 24 of that Act (detention of woman in brothel or other premises).

3 A person falls within this paragraph if—

(a) he commits an offence under section 16 of the Offences against the [1861 c. 100.] Person Act 1861 (threats to kill) by making a threat to kill a child,

(b) he commits an offence under section 7 of the [1956 c. 69.] Sexual Offences Act 1956 (intercourse with defective) by having sexual intercourse with a child,

(c) he commits an offence under section 9 of that Act (procurement of defective) by procuring a child to have sexual intercourse,

(d) he commits an offence under section 10 of that Act (incest by a man) by having sexual intercourse with a child,

(e) she commits an offence under section 11 of that Act (incest by a woman) by allowing a child to have sexual intercourse with her,

(f) he commits an offence under section 12 of that Act by committing buggery with a child under the age of 16,

(g) he commits an offence under section 13 of that Act by committing an act of gross indecency with a child,

(h) he commits an offence under section 21 of that Act (abduction of defective from parent or guardian) by taking a child out of the possession of her parent or guardian,

(i) he commits an offence under section 22 of that Act (causing prostitution of women) in relation to a child,

(j) he commits an offence under section 23 of that Act (procuration of girl under 21) by procuring a child to have sexual intercourse with a third person,

(k) he commits an offence under section 27 of that Act (permitting defective to use premises for intercourse) by inducing or suffering a child to resort to or be on premises for the purpose of having sexual intercourse,

(l) he commits an offence under section 29 of that Act (causing or encouraging prostitution of defective) by causing or encouraging the prostitution of a child,

(m) he commits an offence under section 30 of that Act (man living on earnings of prostitution) in a case where the prostitute is a child,

(n) she commits an offence under section 31 of that Act (woman exercising control over prostitute) in a case where the prostitute is a child,

(o) he commits an offence under section 128 of the [1959 c. 72.] Mental Health Act 1959 (sexual intercourse with patients) by having sexual intercourse with a child,

(p) he commits an offence under section 4 of the [1967 c. 60.] Sexual Offences Act 1967 (procuring others to commit homosexual acts) by—

(i) procuring a child to commit an act of buggery with any person, or

(ii) procuring any person to commit an act of buggery with a child,

(q) he commits an offence under section 5 of that Act (living on earnings of male prostitution) by living wholly or in part on the earnings of prostitution of a child,

(r) he commits an offence under section 9(1)(a) of the [1968 c. 60.] Theft Act 1968 (burglary), by entering a building or part of a building with intent to rape a child,

(s) he commits an offence under section 4(3) of the [1971 c. 38.] Misuse of Drugs Act 1971 by—

(i) supplying or offering to supply a Class A drug to a child,

(ii) being concerned in the supplying of such a drug to a child, or

(iii) being concerned in the making to a child of an offer to supply such a drug,

(t) he commits an offence of—

(i) aiding, abetting, counselling, procuring or inciting the commission of an offence against a child, or

(ii) conspiring or attempting to commit such an offence.