Transfer schemes for NCC property: EPA 1990 s. 135
Explains how the Secretary of State makes schemes to transfer NCC property, rights, and liabilities to new councils after dissolution.
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Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section gives the Secretary of State the power to make a scheme (by order) that transfers the property, rights, and liabilities of the Nature Conservancy Council (NCC) to another person or body. This is part of the restructuring that created separate councils for England, Scotland, and Wales under sections 128 and following.
The scheme can specify exactly what is transferred, including land, contracts, and other assets. It may also set out any conditions or supplementary provisions. The aim is to ensure that the NCC's assets and obligations pass smoothly to the new councils without the need for individual conveyances or assignments.
If you are dealing with a dispute about who owns a particular asset or who is responsible for a liability that originally belonged to the NCC, this section is the authority for how that transfer was supposed to happen. It does not itself say what the scheme contains; that would be in a separate order.
When it applies
- A building that was owned by the NCC is now claimed by the English council.
- A contract for research that the NCC signed is now being performed by the Scottish council.
- A liability for environmental damage that occurred on NCC land is now attributed to the Welsh council.
- A dispute over whether a particular lease of NCC property was transferred to the new council under a scheme.
What this section does not say
- It does not cover the transfer of employees' rights or offers of employment (that is dealt with in s.137).
- It does not cover the winding up and dissolution of the NCC itself (s.138).
- It does not cover the transfer of property from the Countryside Commission to the Welsh Council (s.136).
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This page reproduces the text of EPA 1990 s. 135 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.