SCHEDULES

SCHEDULE 21 Transfers of land on appointed day

Part III Property excluded from transfers

10

1

Nothing in Part II of this Schedule has the effect of transferring to, or vesting in, any body—

a

any land, rights or liabilities excluded under sub-paragraph (2) or (3),

b

any rights or liabilities under a contract of employment,

c

any liability of a governing body in respect of the principal of, or any interest on, any loan,

d

any liability in tort, or

e

any rights or liabilities which are determined in accordance with regulations to be rights or liabilities falling within this paragraph.

2

If before the appointed day—

a

the prospective transferee and transferor have agreed in writing that any land should be excluded from the operation of Part II of this Schedule, and

b

the Secretary of State has given his written approval of the agreement,

the land (and any rights or liabilities relating to it) shall be so excluded.

3

If in default of agreement under sub-paragraph (2)—

a

the prospective transferee or transferor have applied to the Secretary of State to exclude any land from the operation of Part II of this Schedule, and

b

the Secretary of State has by order directed its exclusion,

the land (and any rights or liabilities relating to it) shall be so excluded.

4

An agreement under sub-paragraph (2) may provide for the land to be used or held for the purposes of the school (as a school of a new category) on such terms as may be specified in or determined in accordance with the agreement; and directions under sub-paragraph (3)—

a

may confer any rights or impose any liabilities that could have been conferred or imposed by such an agreement, and

b

shall have effect as if contained in such an agreement.

5

In this paragraph—

  • “new category” means one of the categories set out in section 20(1);

  • “the prospective transferee”, in relation to any land, means the body to whom, apart from sub-paragraph (2) or (3), the land would fall to be transferred under Part II of this Schedule; and

  • “the prospective transferor” shall be construed accordingly.