133 Set-off etc where right to be paid a sum has been transferred

133  Set-off etc where right to be paid a sum has been transferred

(1)     This section applies where there has been a transfer from one person (“the original creditor”) to another person (“the current creditor”) of a right to be paid a sum (“the transferred sum”) by the Commissioners.

(2)     The Commissioners—

(a)     must set the transferred sum against a sum payable to them by the original creditor if they would have had an obligation to do so under or by virtue of an enactment had the original creditor retained the right, and

(b)     may do so if they would have had a power to do so under or by virtue of an enactment or under a rule of law had the original creditor retained the right.

(3)     Subsection (2) applies whether the sum payable by the original

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