Telecommunications Act 1984
c. 12
(2) Nothing in sub-paragraph (1) above shall be taken as prejudicing the operation of section 84 of the 1981 Act as originally
enacted.
35. Where immediately before the transfer date there is in force
an agreement which(a) confers or imposes on British Telecommunications any
rights or liabilities which vest in the successor company
by virtue of section 60 of this Act ; and
(b) refers (in whatever terms and whether expressly or by
implication) to a member or officer of British Telecommunications,
the agreement shall have effect, in relation to anything falling to be
done on or after that date, as if for that reference there were substituted a reference to such person as that company may appoint or,
in default of appointment, to the officer of that company who
corresponds as nearly as may be to the member or officer of British
Telecommunications in question.
36.-(1) Except as otherwise provided by the foregoing provisions
of this Part of this Schedule (whether expressly or by necessary implication), any agreement made, transaction effected or other thing
done by, to or in relation to British Telecommunications which is in
force or effective immediately before the transfer date shall have effect
as from that date as if made, effected or done by, to or in relation
to the successor company, in all respects as if the successor company
were the same person, in law, as British Telecommunications, and
accordingly references to British Telecommunications(a) in any agreement (whether or not in writing) and in any
deed, bond or instrument ;
(b) in any process or other document issued, prepared or employed for the purpose of any proceeding before any court
or other tribunal or authority ; and
(c) in any other document whatsoever (other than an enactment)
relating to or affecting any property, right or liability of
British Telecommunications which vests by virtue of section
60 of this Act in the successor company,
shall be taken as from the transfer date as referring to the successor
company.
(2) Nothing in sub-paragraph (1) above shall be taken as applying
in relation to the deed of covenant by virtue of which the excepted
liabilities subsist.
37.-(1) It is hereby declared for the avoidance of doubt that(a) the effect of section 60 of this Act in relation to any contract
of employment with British Telecommunications in force
immediately before the transfer date is merely to modify
the contract (as from that date) by substituting the successor company as the employer (and not to terminate the
contract or vary it in any other way) ; and
(b) that section is effective to vest the rights and liabilities of
British Telecommunications under any agreement or
arrangement for the payment of pensions, allowances or
gratuities in the successor company along with all other
rights and liabilities of British Telecommunications ;
205
Sex. 5