Universities and College Estates Act 1925
| Jurisdiction | UK Non-devolved |
| Citation | 1925 c. 24 |
| Year | 1925 |
Universities and College Estates Act, 1925
(15 & 16 Geo. 5.) CHAPTER 24.
An Act to consolidate the Universities and College Estates Acts, 1858 to 1898, and enactments amending those Acts.
[9th April 1925]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Universities and Colleges to which the Act applies.
1. The universities and colleges to which this Act applies are the Universities of Oxford, Cambridge and Durham, and the colleges or halls in those universities, and the Colleges of Saint Mary of Winchester, near Winchester, and of King Henry the Sixth at Eton, and for the purposes of this Act the Cathedral or House of Christ Church in Oxford shall be considered to be a college in the University of Oxford.
Sale and Exchange.
2 Powers of sale and exchange.
(1) A university or college—
(i) May sell any land belonging to the university or college, or any easement, right or privilege of any kind, over or in relation to such land; and
(ii) In the case of a manor belonging to the university or college, may sell the seignory of any freehold land within the manor, with or without any exception or reservation of all or any mines or minerals, or of any rights or powers relative to mining purposes, so as in every such case to effect an extinguishment of the manorial incidents; and
(iii) May make an exchange of any land belonging to the university or college, or of any easement, right, or privilege of any kind, whether or not newly created, over or in relation to such land, for other land, or for any easement, right or privilege of any kind, whether or not newly created, over or in relation to other land, including an exchange in consideration of money paid for equality of exchange.
(2) A sale or exchange under this section or any other provision of this Act shall not be made except with the consent of the Minister.
(3) On a sale or exchange by a university or college under the powers of this Act, any restriction or reservation with respect to building on or other user of land, or with respect to mines and minerals, or with respect to or for the purpose of the more beneficial working thereof, or with respect to any other thing, may be imposed or reserved and made binding, as far as the law permits, by covenant, condition or otherwise, on the university or college and land belonging to it, or on the other party and any land sold or given in exchange to him.
3 Regulations respecting sales.
(1) Save as hereinafter provided, every sale shall be made for the best consideration in money that can reasonably be obtained.
(2) A sale may be made in consideration wholly or partially of a perpetual rent, or a terminable rent consisting of principal and interest combined, payable yearly or half yearly to be secured upon the land sold, or the land to which the easement, right or privilege sold is to be annexed in enjoyment, or an adequate part thereof:
In the case of a terminable rent, the conveyance shall distinguish the part attributable to principal and that attributable to interest; and the part attributable to principal shall, when received by the university or college, be paid to the Minister and be capital money:
Provided that, unless the part of the terminable rent attributable to interest varies according to the amount of the principal repaid, the Minister shall, during the subsistence of the rent, accumulate the income of the said capital money in the way of compound interest by investing the same and the resulting income thereof in securities authorised for the investment of capital money and add the accumulations to capital.
(3) The rent to be reserved on any such sale shall be the best rent that can reasonably be obtained, regard being had to any money paid as part of the consideration, or laid out, or to be laid out, for the benefit of any land belonging to the university or college, and generally to the circumstances of the case, but a peppercorn rent, or a nominal or other rent less than the rent ultimately payable, may be made payable during any period not exceeding five years from the date of the conveyance.
(4) Where a sale is made in consideration of a rent, the following provisions shall have effect:—
(i) The conveyance shall contain a covenant by the purchaser for payment of the rent, and a condition of re-entry on the rent not being paid within a time therein specified not exceeding thirty days:
(ii) A duplicate of the conveyance shall be executed by the purchaser and delivered to the university or college, of which execution and delivery the execution of the conveyance by the university or college shall be sufficient evidence:
(iii) A statement contained in the conveyance, or in an indorsement thereon signed by or on behalf of the university or college, respecting any matter of fact or of calculation under this Act in relation to the sale, shall, in favour of the purchaser and of those claiming under him, be sufficient evidence of the matter stated.
(5) A sale may be made in one lot or in several lots, and either by auction or by private contract, and may be made subject to any stipulations respecting title or evidence of title or other things.
(6) On a sale the university or college may fix reserve biddings and buy in at an auction.
4 Regulations respecting exchanges.
(1) Save as hereinafter provided every exchange shall be made for the best consideration in land or in land and money that can reasonably be obtained.
(2) An exchange may be made subject to any stipulations respecting title, or evidence of title, or other things.
(3) Land in England or Wales shall not be given by a university or college in exchange for land out of England and Wales.
5 Payment to Minister of money payable on sale or exchange.
5. Any money (not being rent) payable as consideration on a sale or exchange effected by a university or college under this Act shall be capital money and be paid to the Minister.
Leasing Powers.
6 Power to lease for building or mining or ordinary purposes.
6. A university or college may lease any land belonging to the university or college, or any easement, right, or privilege of any kind, over or in relation to the same, for any purpose whatever, whether involving waste or not, for any term not exceeding—
(i) In case of a building lease, ninety-nine years:
(ii) In case of a mining lease, sixty years:
(iii) In case of any other lease, twenty-one years.
7 Regulations respecting leases generally.
(1) Save as hereinafter provided:—
(i) Every lease shall be by deed, and be made to take effect in possession not later than twelve months after its date:
(ii) Every lease shall reserve the best rent that can reasonably be obtained, regard being had to any fine taken, and to any money laid out or to be laid out for the benefit of any land belonging to the university or college, and generally to the circumstances of the case:
(iii) Every lease shall contain a covenant by the lessee for payment of the rent, and a condition of re-entry on the rent not being paid within a time therein specified not exceeding thirty days.
(2) A counterpart of every lease shall be executed by the lessee and delivered to the university or college, of which execution and delivery the execution of the lease by the university or college shall be sufficient evidence.
(3) A statement, contained in a lease or in an indorsement thereon, signed by or on behalf of the university or college, respecting any matter of fact or of calculation under this Act in relation to the lease, shall, in favour of the lessee and of those claiming under him, be sufficient evidence of the matter stated.
(4) A fine received on the grant of a lease under any power conferred by this Act shall be capital money and be paid to the Minister.
8 Leasing powers for special objects.
8. The leasing power of a university or college extends to the making of—
(i) a lease for giving effect (in such manner and so far as the law permits) to a covenant of renewal, performance whereof could be enforced against the owner for the time being of the land belonging to the university or college; and
(ii) a lease for confirming, as far as may be, a previous lease being void or voidable; but so that every lease, as and when confirmed, shall be such a lease as might at the date of the original lease have been lawfully granted under this Act, or otherwise, as the case may require.
9 Regulations respecting building leases.
(1) Every building lease shall be made partly in consideration of the lessee, or some person by whose direction the lease is granted, or some other person, having erected, or agreeing to erect, buildings, new or additional, or having improved or repaired, or agreeing to improve or repair, buildings, or having executed, or agreeing to execute, on the land leased, an improvement authorised by this Act for or in connexion with...
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