34 Effect

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(1)     In this section “transfer†means a transfer provided for by a property transfer instrument.

(2)     A transfer takes effect by virtue of the instrument (and in accordance with its provisions as to timing or other ancillary matters).

(3)     A transfer takes effect despite any restriction arising by virtue of contract or legislation or in any other way.

(4)     In subsection (3) “restriction†includes—

(a)     any restriction, inability or incapacity affecting what can and cannot be assigned or transferred (whether

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