28Transitional provisions on transfer of rail infrastructure and related assets, &c.

### 28 Transitional provisions on transfer of rail infrastructure and related assets, &c. > > (1)  In this section – > > > > > ***transferring asset*** means any rail infrastructure and related assets specified in a transfer notice; > > > > > ***transferring contract*** means a contract specified in a transfer notice; > > > > > ***transferring liability*** means a liability specified in a transfer notice. > > > (2)  On and after the transfer day, the following provisions apply unless the transfer notice provides otherwise: > > > > > > (a) a reference to the transferor in a document in relation to a transferring asset, transferring liability or transferring contract is taken where appropriate to be or to include a reference to the transfer recipient; > > > > > > > (b) a legal proceeding that could have been instituted by or against the transferor immediately before the transfer day and that relates to a transferring asset, transferring liability or transferring contract may be instituted by or against the transfer recipient but not by or against the transferor; > > > > > > > (c) a legal proceeding instituted by or against the transferor that relates to a transferring asset, transferring liability or transferring contract and is pending immediately before the transfer day may be continued by or against the transfer recipient but not by or against the transferor; > > > > > > > (d) a document relating to a legal proceeding referred to in [paragraph (c)](#GS28@Gs2@Hpc@EN) served on or by the transferor before the transfer day is taken to have been served on or by the transfer recipient; > > > > > > > (e) a judgment or order of a court obtained by or against the transferor before the transfer day in relation to a transferring asset, transferring liability or transferring contract may be enforced by or against the transfer recipient but not by or against the transferor; > > > > > > > (f) a contract made by the transferor relating to a transferring asset, transferring liability or transferring contract but not performed or discharged before the transfer day is taken to have been made by the transferor or transfer recipient, as appropriate; > > > > > > > (g) any act done or omitted to be done in relation to a transferring asset, transferring liability or transferring contract by the transferor before the transfer day is taken, where appropriate, to have been done or omitted by the transfer recipient. > > > (3)  On the transfer day, the obligations of the transferor in relation to a transferring liability are discharged. > > > (4)  A transfer notice may limit the extent to which the provisions of [subsections (2)](#GS28@Gs2@EN) and [(3)](#GS28@Gs3@EN) apply.