The Education (London Residuary Body) (Property Transfer) (No. 4) Order 1991

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Education (London Residuary Body) (Property Transfer) (No. 4) Order 1991 and shall come into force on 1st January 1992.

(2) In this Order–

“the LRB” means the London Residuary Body; and

“the transfer date” means 1st January 1992.

(3) Unless the context otherwise requires, any reference in this Order to a numbered article is a reference to the article of this Order so numbered.

Transfer of land etc.

2.—(1) Subject to paragraph (3) below, on the transfer date all interests, rights and liabilities of the LRB in the land specified in column (2) of Part I of the Schedule to this Order shall vest in the London borough council specified opposite thereto in column (1) of that Part.

(2) On the transfer date all interests, rights and liabilities of the LRB in the land specified in Part II of the Schedule to this Order shall vest in the London borough council in whose area such land is situated.

(3) The LRB shall remain entitled to any refund of rates payable in relation to any such land referred to in paragraph (1) above for any period prior to 1st April 1990 and may continue any appeal in respect of any assessment in respect of any such period.

Records relating to land transferred

3.—(1) Subject to paragraph (2) below, on the transfer date all records held by the LRB relating exclusively to interests, rights and liabilities in land transferred by article 2 shall vest in the council to which such interests are so transferred.

(2) The LRB shall remain entitled to retain custody of records relating to any appeal referred to in article 2(3).

Condition imposed on transfer

4.—(1) Subject to paragraph (3) below, land transferred pursuant to article 2(1) is subject to the condition that it or any interest in it shall not be disposed of within 20 years of the transfer date without the consent in writing of the Secretary of State.

(2) In giving his consent the Secretary of State may impose conditions regarding the payment of all or part of the consideration for any such disposal, in such proportions as he may direct, to any or all of the councils of the inner London boroughs and (in their capacity as a local authority) the Common Council of the City of London.

(3) Paragraph (1) above does not apply to a disposal required by paragraph (4) or (5) below.

(4) York Way Youth Club, York Way N1; the former New River School, Clissold Road, N16; and the Greenwich Park Upper School Extension site, King George Street, SE10 are in each case transferred subject to the condition that the land is to be brought into use wholly or mainly for the purposes of the transferee council’s functions as the local education authority for their area by 1st January 1995 and that, if it is not so brought into use, 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 January 1992 in relation to the land by the transferee and of any expenditure so incurred in connection with the disposal of the land, are to be divided between the councils of the inner London boroughs and (in their capacity as a local authority) the Common Council of the City of London 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.

(5) Christ Church Church of England southern site extension and north-eastern site extension are transferred subject to the following conditions–

(a) if the north-eastern site extension is brought into use wholly or mainly for the purposes of the transferee council’s functions as the local education authority for their area by 1st January 1995 the southern site extension is to be disposed of; and

(b) if the north-eastern site extension is not so brought into use it is to be disposed of.

(6) The proceeds of sale of a disposal under paragraph (5) above are to be distributed in accordance with paragraph (4) above.

General transfer of property other than land

5.—(1) Where an interest in land vests by virtue of article 2 in any council, any property in or on the land, being property held by the LRB for the purposes of any of its functions, shall vest in that council.

(2) Paragraph (1) above applies–

(a) to property used or intended to be used exclusively for the discharge of functions on any land, and which is kept elsewhere when not in use;

(b) to vehicles and other mobile equipment which are normally kept on any land; and

(c) to property which is normally kept in or on land and which is immediately before the transfer date on loan from the LRB to another person or body,

as it applies to property in or on that land.

(3) The reference in paragraph (1) above to the vesting of any property shall be construed as including a reference to the vesting of rights and liabilities of the LRB in respect of any agreement for the hire or use by, or deposit with, the LRB of any such property.

(4) On the transfer date all records held by the LRB relating exclusively to property transferred by this article shall vest in the council to which such property is so transferred.

(5) Any vehicle licence, operator’s licence, road service licence, plating certificate or other document issued in respect of any vehicle the property in which is transferred by this article shall have effect as if it had been issued to the council to whom property in such vehicle is transferred (“the transferee”) and any reference to the LRB or ILEA in any registration book or other document issued in respect of such a vehicle shall have effect as a reference to the transferee.

Continuity etc.

6.—(1) All contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given, or have effect as if given, by, or to, the LRB in respect of any property, rights or liabilities (“transferred matters”) transferred by this Order shall be of full force and effect in favour of, or against, the council (“the transferee”) to which such matters are transferred.

(2) Subject to article 2(3), any action or proceeding, or any cause of action or proceeding, pending or existing at the transfer date by or against the LRB and in respect of any transferred matters may be continued, prosecuted and enforced by or against the transferee.

Enforcement

7.  The LRB shall enforce, subject to any directions given by the Secretary of State, compliance with the conditions imposed by article 4 in relation to property transferred pursuant to article 2(1).

Kenneth Clarke

Secretary of State for Education and Science

9th December 1991