Secured liabilities in relation to reverse transfer and onward transfer
16E.—(1) This regulation applies where, under a contract to which a transferee is a party, one party owes to the other a liability that is secured against any property or rights.
(2) A reverse transfer under section 61 of the Act of a part (but not the whole) of the business of a transferor that was transferred to a transferee under a certificate of transfer must not provide for —
(a)
the transfer of the liability without the benefit of the security;
(b)
the transfer of the benefit of the security without the liability; or
(c)
the transfer of the property or rights without the liability and benefit of the security.
(3) An onward transfer under section 63 of the Act of a part (but not the whole) of the business of a transferor that was transferred to a transferee under a certificate of transfer must not provide for —
(a)
the transfer of the liability without the benefit of the security;
(b)
the transfer of the benefit of the security without the liability; or
(c)
the transfer of the property or rights without the liability and benefit of the security.
(4) For the purposes of paragraph (1), it is immaterial —
(a)
whether or not the liability is secured against all, or substantially all, of the properties and rights of the transferee;
(b)
whether or not the liability is secured against specified properties or rights; and
(c)
whether or not the property or rights against which the liability is secured is or are owned by the person who owes the liability.