Education (Inner London Education Authority) (Property Transfer) Order 1990
| Jurisdiction | UK Non-devolved |
| Citation | SI 1990/124 |
| Year | 1990 |
1990 No. 124
EDUCATION, ENGLAND AND WALES
The Education (Inner London Education Authority) (Property Transfer) Order 1990
Made 29th January 1990
Laid before Parliament 31th January 1990
The Secretary of State for Education and Science, in exercise of the powers conferred on him by sections 168 and 231 of the Education Reform Act 19881, hereby makes the following Order:
Citation and commencement
1. This Order may be cited as the Education (Inner London Education Authority) (Property Transfer) Order 1990 and shall come into force—
for the purposes of article 11(2) to (4), on 27th February 1990; and
for all other purposes, on 1st April 1990.
Interpretation
2.—(1) In this Order—
“the Act” means the Education Reform Act 1988;
“County Hall” means the land comprised in title No. SGL 498870 and registered at H.M. Land Registry with Title Absolute;
“ILEA” means the Inner London Education Authority;
“inner London council” means the council of an inner London borough or (in their capacity as a local authority) the Common Council of the City of London;
“Jubilee Gardens” means the land comprised in title No. LN 6306 and registered at HM Land Registry with Title Absolute;
“the LRB” means the London Residuary Body;
“otherwise than temporarily” means for a period of not less than one year immediately preceding 1st April 1990;
“property” does not include cash or the balance on any fund or account;
“records” includes any material in written or other form and, except where the context otherwise requires, any copyright or other intellectual property of ILEA in records;
“relevant order” means any other order made after this Order under the Act which effects the transfer of property, rights or liabilities of ILEA and which comes into force on or before 1st April 1990;
references to ILEA’s LEA functions are references to its functions as the local education authority for the Inner London Education Area; and
references to a council’s LEA functions are references to its functions as the local education authority for its area.
(2) References in this Order and in column 2 of any of Schedules 2 to 13 hereto to Conditions A to E in relation to any land transferred hereby shall be construed according to the following table—
Condition A |
A condition that if the land ceases to be used for the purposes of the council’s LEA functions before 1st April 2010, it is to be disposed of and the proceeds of sale, after deduction therefrom of a sum equal to the aggregate amount of any capital expenditure incurred since 1st April 1990 in relation to the land by the disposing council and of any expenditure so incurred in connection with the disposal of the land, are to be divided between the inner London councils in proportion to their populations of children of compulsory school age, based on the most recent returns to the Department of Education and Science available at the time of completion of the sale. |
Condition B |
A condition that the land is to be brought into use wholly or mainly for the purposes of the council’s LEA functions by 1st April 1997 and that, if it is not so brought into use, it is to be disposed of and the proceeds of sale are to have deductions made therefrom and to be divided as if it were a disposal to which Condition A applied. |
Condition C |
A condition that if the land ceases to be used wholly or mainly for the purposes of the council’s LEA functions, or if the council wishes to dispose of it, it must first be offered for transfer to each other inner London council. If one of those councils wishes to maintain the land for its LEA functions, the land is to be transferred to that council at a nil consideration or, if the disposing council has since 1st April 1990 incurred capital expenditure in relation to the land, at such consideration not exceeding the aggregate amount of that expenditure and of any expenditure incurred by the disposing council in connection with the disposal of the land as the disposing council may require. If more than one council wishes to maintain the land for that purpose, the Secretary of State may give a direction as to the council to which the land is to be transferred. If no council expresses such a wish, the land is to be disposed of at the earliest opportunity, with the proceeds of sale to have deductions made therefrom and to be distributed as if it were a disposal to which Condition A applied. If the land is transferred to an inner London council, this condition shall apply as it does to the initial transfer. |
Condition D |
A condition that before publishing statutory proposals under section 14 of the Education Act 19812 which would lead to the maintaining council ceasing to maintain the school in question, the maintaining council shall first have enquired of all other inner London councils whether they wish to become responsible for maintaining the school. If one or more of those councils indicates its willingness to assume this responsibility, the maintaining council is to seek the Secretary of State’s consent to a transfer of responsibility under the provisions of section 166(6) of the Act. If the school is so transferred, the maintaining council may require the transferee council to pay to it a sum equal to the aggregate amount of any capital expenditure incurred by it since 1st April 1990 in relation to the land and of any expenditure incurred by the maintaining council in connection with the transfer of the land, and this condition shall apply to a transfer under this condition as it does to the initial transfer. |
Condition E |
A condition that the maintaining council shall as soon as practicable after 1st April 1990 negotiate with any other inner London council wishing to use the facilities and services provided by the maintaining council on the land from that date for the purpose of agreeing terms and conditions for such use by such other council. |
(3) Without prejudice to the Interpretation Act 19783or section 235 of the Act, any reference to the vesting of land by virtue of this or any relevant order shall be construed as including the vesting of any contractual licence for the use of land and of any right to use land arising by or under any statutory provision.
(4) The provisions of this Order are subject to any contrary provision made by any relevant order.
(5) Any provision in this Order vesting property shall be construed, unless the context otherwise requires, as including a reference to the vesting of rights and liabilities of ILEA in respect of any agreement for the hire or use by, or deposit with, ILEA of any such property.
(6) Any reference in this Order to any rights or liabilities of ILEA includes a reference to rights or liabilities acquired or incurred by any predecessor in title of ILEA and vested in ILEA but excludes excepted rights and liabilities as defined in section 168(5) of the Act.
(7) Unless the context otherwise requires any reference in this Order to—
(a)
(a) a numbered article or Schedule is a reference to the article or Schedule in this Order so numbered; and
(b)
(b) a numbered paragraph is a reference to the paragraph so numbered in the article or Schedule in which the reference appears.
General transfer of land, rights and liabilities to the inner London councils
3.—(1) Subject to the provisions of this Order, all land held and used otherwise than temporarily, and rights or liabilities in relation to such land acquired or incurred, by ILEA exclusively for or in connection with its LEA functions shall vest in the appropriate inner London council.
(2) Subject to article 4, any other land held by ILEA, including land—
(a)
(a) held for investment;
(b)
(b) which is the subject of any agreement for disposal by ILEA, or of a resolution by ILEA or any committee or sub-committee of ILEA to the effect that the land is surplus to ILEA’s requirements and should be disposed of; or
(c)
(c) which is specified in Schedule 1,
shall not vest as aforesaid.
(3) In this article, “appropriate inner London council” means the inner London council in whose area the land is situated.
(4) Paragraph (1) does not apply to land forming part of a hereditament situated partly in the area of an inner London council and partly in the area of one or more other bodies (whether or not inner London councils) unless that land is held or used for the purposes of a school, in which case it shall have effect as if the land were situated entirely in the area of the inner London council designated in relation to the school by an order made under section 166 of the Act.
Transfer of land etc. to specified bodies
4.—(1) Any land specified in column 1 of Schedules 2 to 13, and rights or liabilities in relation to such land acquired or incurred by ILEA exclusively for or in connection with its LEA functions, shall vest in the body specified in that respect in each of those Schedules respectively subject to the conditions (if any) specified in relation thereto in column 2; and article 3, insofar as it is inconsistent with this article, shall not apply to any property so specified.
(2) Section 123(2) of the Local Government Act 19724shall not apply to a transfer in accordance with any condition specified in article 2(2).
(3) Conditions C and D so specified are local land charges for the purposes of section 1(1)(e) of the Local Land Charges Act 19755.
(4) Any transfer of land which includes school buildings effected by paragraph (1) also includes any dwelling-house within the curtilage of any such building which is held and occupied immediately before 1st April 1990 for the purpose of a caretaker’s dwelling.
General transfer of property other than land
5.—(1) This article has effect in respect of any property other than land for which provision is not otherwise...
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