The Education (London Residuary Body) (Property Transfer) Order1992

Statutory Instruments

1992 No. 587

EDUCATION, ENGLAND AND WALES

LONDON GOVERNMENT

The Education (London Residuary Body) (Property Transfer) Order1992

Made

9th March 1992

Laid before Parliament

10th March 1992

Coming into force

1st April 1992

Whereas the London Residuary Body, acting pursuant to section 187(2)of the Education Reform Act 1988(1), has submitted proposals to the Secretary of State foreffecting transfers of certain property, rights and liabilitiestransferred to it, or held, acquired or incurred by it by virtue of, orin the exercise of any of its functions under, Part III of that Act;

And whereas the London Residuary Body, acting pursuant to section67(1)(a) and (2) of the Local Government Act 1985(2), has submitted proposals to the Secretary of State forthe transfer of certain functions, property, rights and liabilties tolocal authorities;

And whereas the Secretary of State has decided to give effect tothose proposals in both cases with modifications;

Now, therefore, the Secretary of State, in exercise of the powersconferred on him by sections 187(5) and (6), 231(2) and (3) and 232(5)of the Education Reform Act 1988 and sections 67(3), 100(2) and (4) and101 of the Local Government Act 1985, and of all other powers enablinghim in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Education (London Residuary Body)(Property Transfer) Order 1992 and shall come into force on 1st April1992.

Interpretation

2.—(1) In this Order—

“Bromley” means the council of the London Borough of Bromley;

“the Common Council” means the Common Council of the City of London in their capacity asa local authority;

“expenditure” in relation to Bromley or Kensington and Chelsea includesadministration expenses properly incurred by them;

“Globe House” means Globe House, 4 Temple Place, London WC2R 3HP;

“greater London council” means a council of a London borough;

“inner London council” means a council of an inner London borough;

“Kensington and Chelsea” means the council of the Royal Borough of Kensington and Chelsea;

“the LRB” means the London Residuary Body;

“Manresa House” means Manresa House, Roehampton;

“the Riverside Walk and Open Space in Upper Ground” means all lands shown within the black verge indicated by theletter “C” on Plan No. 3080/698 titled “Plan referred to in the Education (London Residuary Body) (PropertyTransfer) Order 1992”;

“the South Bank property” means all lands shown within the black verge indicated by theletter “A” on the said Plan No. 3080/698; and

“the transfer date” means 1st April 1992.

(2) For the purposes of any provision of this Order which requires thepayment or recovery of sums by Kensington and Chelsea in the appropriateproportions—

(a) the appropriate proportion in relation to any council is theproportion equal to the proportion which that council’s schoolpopulation bears to the total school population of the inner Londoncouncils and the Common Council; and

(b) school population in relation to an inner London council or theCommon Council means the population of children of compulsory school ageshown in the most recent returns to the Department of Education andScience available when the payment in question falls due or, in the caseof a sum to be recovered, when that sum first becomes recoverable.

(3) For the purpose of any provision of this Order which requires thepayment or recovery by Bromley of sums in the appropriateproportions—

(a) the appropriate proportion in relation to any council is theproportion equal to the proportion which the population of the area ofthat council bears to the population of Greater London; and

(b) the population of an area means its relevant population ascalculated in accordance with section 69 of the Local Government FinanceAct 1988(3).

(4) Unless the context otherwise requires any reference in this Orderto—

(a) a numbered article or Schedule is a reference to the article of orSchedule to this Order so numbered; and

(b) a numbered paragraph is a reference to the paragraph so numbered inthe article or Schedule in which the reference appears.

Transfer of land

3.—(1) Subject to paragraphs (2), (3), (5) and (7) and article 4, on thetransfer date—

(a) all interests of the LRB in the land specified in Schedule 1 shallvest in Kensington and Chelsea;

(b) all interests of the LRB in the land specified in Schedule 2 shallvest in Bromley;

(c) all interests of the LRB in the land specified in column (1) ofSchedule 3 shall vest in the council specified in column (2) of thatSchedule; and

(d) all interests of the LRB in all other land shall vest in the greaterLondon council in whose area the land is situated or, if the land issituated in their area, the Common Council.

(2) The interests of the LRB in the South Bank property, the RiversideWalk and Open Space in Upper Ground, Globe House, Manresa House, theformer Rachel MacMillan College, Creek Road, SE8 and in land the subjectof the Education (London Residuary Body) (Transfer of Functions andProperty) Order 1992(4) shall not transfer under paragraph (1).

(3) Subject to paragraph (5), the interests of the LRB in land which itholds for charitable purposes shall not transfer under paragraph (1).

(4) Subject to paragraph (6), all rights and liabilities of the LRB in,or acquired or incurred in relation to or in connection with, landtransferred by paragraph (1) shall vest on the transfer date in thecouncil to which such land is so transferred.

(5) The vesting in the Council of the London Borough of Lambeth effectedby paragraph (1) of the land adjoining the Beaufoy Institute, 39 BlackPrince Road, SE1 shall include the rights in fee simple over theproperty registered at H.M. Land Registry under Title No. 79312 set outin Part I of Schedule 4 and shall except and reserve in fee simple forthe benefit of that property the rights set out in Part II of thatSchedule.

(6) The LRB shall remain entitled to any refund of rates payable inrelation to any land referred to in paragraph (1) for any period priorto 1st April 1990 and may continue any appeal in respect of anyassessment in respect of any such period.

(7) Paragraph (1) shall not operate so as to vest in the relevanttransferee any interest of the LRB arising pursuant to—

(a) any covenants, including any security for enforcing the same, givenin favour of the LRB or its predecessors in title under sections 155 and156 of the Housing Act 1985 (repayment of discount on early disposal ofdwelling-house)(5); or

(b) any other covenants (whether restrictive or positive), including anysecurity for enforcing the same, given in favour of the LRB or itspredecessors in title where such covenants were—

(i) not expressed to be given for the benefit or protection of any landwhich is transferred pursuant to paragraph (1), or

(ii) contained in a lease and provided in whatever terms for any capitalsum to be payable in connection with any development or change of use ofthe land.

Conditions on Transfer

4.—(1) Land transferred to Kensington and Chelsea pursuant to article3(1)(a), except the former Mayfield School, West Hill, SW15, or toBromley pursuant to article 3(1)(b) is subject to the condition that itbe disposed of as soon as reasonably practicable.

(2) Subject to paragraph (4), land transferred pursuant to article3(1)(c) is subject to the condition that it or any interest in it shallnot be disposed of within 20 years of the transfer date without theconsent in writing of the Secretary of State.

(3) In giving his consent under paragraph (2) the Secretary of State mayimpose conditions regarding the payment of all or part of theconsideration for any such disposal, in such proportions as he maydirect, to any or all of the inner London councils and the CommonCouncil.

(4) Paragraph (2) does not apply to a disposal required by paragraph (9)or (10).

(5) Land marked with an asterisk in Schedule 3 is transferred subject tothe condition that by 1st April 1995 it is brought into use wholly ormainly for the purposes of the transferee council’s functions as thelocal education authority for their area.

(6) The former Shoreditch School and Site, Falkirk Street, N1, theformer Shoreditch School Site Extension, 77, Kingsland Street/1a,Redvers Street, E2 and the former Henry Thornton Secondary School, 45,Clapham Common South Side, SW4 are each transferred subject to thecondition that by 1st April 1995 they be brought into use wholly ormainly for the purposes of an institution for the full-time education ofpersons over compulsory school age who have not attained the age ofnineteen years.

(7) The former Wandsworth Boys' Secondary School, Sutherland Grove, SW18is transferred subject to the condition that it is to be brought intouse by 1st April 1995 as the site for a new school established undersection 12 or 13 of the Education Act 1980(6) or as the site for a school transferring to that siteunder section 16 of the Education Act 1944(7).

(8) The former Eltringham School Site, SW18 is transferred subject tothe condition that it is to be brought into use by 1st April 1995 as atransport depot for the purposes of the transferee council’s dutiesunder section 55(1) of the Education Act 1944(8) (provision of transport and other facilities).

(9) Land which is not brought into use in accordance with paragraphs(5), (6), (7) and (8) is to be disposed of as soon as reasonablypracticable and the proceeds of sale after deduction therefrom of a sumequal to the aggregate amount of any capital expenditure incurred since1st April 1992 in relation to the land by the transferee and of anyexpenditure so incurred in connection with the disposal of the land areto be divided between the inner London councils and the Common Councilin proportion to their populations of children of compulsory school age,based on the most recent returns to the Department of Education andScience available at the time of completion of the sale.

(10) The Hackney Sixth Form Centre, Cassland Road, E9 is transferredsubject to the condition that if the former Shoreditch School and Siteis brought into use as specified in paragraph (6) the said Centre shallbe disposed of and the proceeds of sale dealt with as required byparagraph (9).

Records relating to land transferred

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

(2) The LRB shall remain entitled to retain custody of records relatingto any appeal referred to in article 3(6).

General transfer of property other than land

6.—(1) Where an interest in land vests by virtue of article 3 in anycouncil, any property in or on the land, being property held by the LRBfor the purposes of any of its functions, shall vest in that council.

(2) Paragraph (1) applies—

(a) to property used or intended to be used exclusively for thedischarge of functions on any land, and which is kept elsewhere when notin use;

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

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

(3) The reference in paragraph (1) to the vesting of any property shallbe construed as including a reference to the vesting of rights andliabilities of the LRB in respect of any agreement for the hire or useby, or deposit with, the LRB of any such property.

(4) On the transfer date all records held by the LRB relatingexclusively to property transferred by this article shall vest in thecouncil 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 vehiclethe property in which is transferred by this article shall have effectas if it had been issued to the council to whom property in such vehicleis transferred ( “the transferee”) and any reference to the LRB or the Inner London EducationAuthority in any registration book or other document issued in respectof such a vehicle shall have effect as a reference to the transferee.

Apportionment of receipts and expenditure of Kensington and Chelsea

7.—(1) All sums realised by Kensington and Chelsea in consequence of thetransfer by article 3(1)(a) of any property or rights shall afterdeduction of any expenditure attributable to such property and rights ( “relevant expenditure”) be apportioned among the inner London councils and the CommonCouncil in the appropriate proportions; and Kensington and Chelseashall, not later than the end of the financial year in which such sumsare received, pay the appropriate proportion to each of the other innerLondon councils and the Common Council and shall retain the balance.

(2) If in any financial year the aggregate in that year of the sumsreferred to in paragraph (1) is insufficient to meet any relevantexpenditure of Kensington and Chelsea for that year, the expenditureshall, to the extent that it is not met from the aggregate, beapportioned among the inner London councils and the Common Council; andthe appropriate proportion shall be recoverable by Kensington andChelsea from each of the other inner London councils and the CommonCouncil.

Apportionment of receipts and expenditure of Bromley

8.—(1) All sums realised by Bromley in consequence of the transfer byarticle 3(1)(b) of any property or rights shall after deduction of anyexpenditure attributable to such property and rights ( “relevant expenditure”) be apportioned among the greater London councils and the CommonCouncil in the appropriate proportions; and Bromley shall, not laterthan the end of the financial year in which such sums are received, paythe appropriate proportion to each of the other greater London councilsand the Common Council and shall retain the balance.

(2) If in any financial year the aggregate in that year of the sumsreferred to in paragraph (1) is insufficient to meet any relevantexpenditure of Bromley for that year, the expenditure shall, to theextent that it is not met from the aggregate, be apportioned among thegreater London councils and the Common Council; and the appropriateproportion shall be recoverable by Bromley from each of the othergreater London councils and the Common Council.

Continuity etc.

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

(2) Subject to article 3(6) any action or proceeding, or any cause ofaction or proceeding, pending or existing at the transfer date by oragainst the LRB and in respect of any transferred matters may becontinued, prosecuted and enforced by or against the transferee.

Enforcement

10.  The LRB shall enforce, subject to any directions given by theSecretary of State, compliance with the conditions imposed by article4.

Disputes

11.  In the event of a dispute between any councils (including the CommonCouncil) as to the amount of any sum payable or expenditure recoverableby Kensington and Chelsea or Bromley pursuant to this Order, the mattershall be determined by an arbitrator appointed by the Secretary ofState; and section 31 of the Arbitration Act 1950(9) shall have effect in relation to the arbitration as ifit were an arbitration to which that section applies.

Kenneth Clarke

Secretary of State for Education and Science

9th March 1992

Article 3(1)(a)

SCHEDULE 1 TRANSFER OF LAND TO KENSINGTON & CHELSEA

Description
Greenwich
Former South East London Boys' School, (but not including land to thewest of the former school buildings) Creek Road, SE8 3BU
Islington
George Orwell Secondary School Annexe, Highgate Hill, N19 5NS
Former St William of York Lower School, Gifford Street, N1 0DE
Lewisham
1.82 acres of land at the junction of Plassy Road and Sangley Road,SE6
Southwark
Old Paragon School, Searles Road, SE5 4YU
Wandsworth
Land at the corner of Balham High Road, SW17
Former Mayfield School, West Hill, SW15
2—4, Ponton Road, SW8
Westminster
2nd Floor Mappin House, 4, Winsley Street, W1
Former St James the Less CE Primary School Site Extension, 2, 4 & 6,Moreton Street and adjoining land, SW1
Westminster Area Youth Office, First Floor, 34, Porchester Road, W2
Property outside the area of the former Inner London EducationAuthority
Heathlands School, 56, Parkside, Wimbledon, SW19
4391 square metres of land at the junction of Pinkham Way and ColneyHatch Lane, Barnet
Morden Park Sports Centre, 49, Links Avenue, Morden, Surrey
Former Woolverstone Primary School, Woolverstone, Suffolk
29, Main Road, Woolverstone, Suffolk
14065 square metres of land forming part of the grounds of HatchfordPark School, Surrey, made up of the plot of land shown edged in blackand shaded on Plan No. R1378/5/971 prepared for the Department ofTransport, South East Regional Office, Dorking and the plots of landnumbered 3/7, 3/7S, 3/8 and3/8S on Plan No. 425B/5/925/1 prepared forthe Chief Engineer, S.E.R.C.U., 28—30, High Street,Guildford, Surrey.

Article 3(1)(b)

SCHEDULE 2 TRANSFER OF LAND TO BROMLEY

Description
Haringey
Tottenham Hale Supplies Depot, Millmead Road, N17
Former Pumping Station, Brograve Road, N17
Lambeth
22, Miles Street, SW8
Hungerford Arches Car Park, Belvedere Road and Part Queen’s Walk, SE1being all lands shown within the black verge indicated by the letter “B” on Plan No. 3080/698 titled “Plan referred to in the Education (London Residuary Body) (PropertyTransfer) Order 1992”
Southwark
Castle Works, Oswin Street, SE11

Article 3(1)(c)

SCHEDULE 3 TRANSFER OF LAND TO SPECIFIED COUNCILS

1Description	2Transferring to
Hackney Sixth Form Centre, Cassland Road, E9	Council of the London Borough of Hackney
Former Shoreditch School and Site, (including 78/80, Hoxton Street,N1) Falkirk Street, N1
Former Shoreditch School Site Extension, 77, Kingsland Street/1a,Redvers Street, E2
*St Francis RC School Site Extension, 128—136, St Anne'sRoad and 30, Stoneleigh Street, W11	Council of the London Borough of Kensington and Chelsea
Land adjoining 63, Christchurch Street, SW3
Former Henry Thornton Secondary School, 45, Clapham Common SouthSide, SW4	Council of the London Borough of Lambeth
Land adjoining the Beaufoy Institute, 39, Black Prince Road SE1, tothe extent comprised within Land Registry Title Nos. SGL 237901, 192822and 239853
Land to the south of Waterloo Bridge, SE1, being all lands shownwithin the black verge indicated by the letter “D” on Plan No. 3080/698 titled “Plan referred to in the Education (London Residuary Body) (PropertyTransfer) Order 1992”
*Old Palace School Site Extension, corner Edgar Road/Bruce Road, E3	Council of the London Borough of Tower Hamlets
*Former Pritchard’s Road Primary School, Pritchard’s Road, E2 and 60,68, 70, 72, 74, 76 and 82, Pritchard’s Road, E2
*Seven Mills School Annexe Extension, land to east of school site,E14
*Land in Limehouse Causeway, E14
*Gideon Special School, Gideon Road, SW11	Council of the London Borough of Wandsworth
Former Eltringham School Site, SW18
Former Wandsworth Boys' Secondary School, Sutherland Grove, SW18

Article 3(5)

SCHEDULE 4 GRANT AND EXCEPTION AND RESERVATION OF RIGHTS

PART I

Rights granted with the land adjoining the Beaufoy Institutetransferred by article 3(1) being the property registered at H.M. LandRegistry with Title Numbers SGL237901, 192822 and 239853 ( “the Transferred Land”).

1.  The right to the free and uninterrupted passage of water, soil, gasand electricity and any other services ( “the Services”) through any sewers, pipes, drains, cables and wires or any otherchannels or conductors ( “the Conduits”) which are laid at the transfer date in or through the propertyregistered at H.M. Land Registry with Title Number 79312 ( “the Retained Property”).

2.  The right with workmen and others and with or without equipment andmaterials at all reasonable times upon giving previous written notice(save in case of emergency) to enter into and upon the Retained Propertyfor the purpose of constructing, repairing, cleansing, maintaining,replacing or renewing any such Conduits and making connections theretoand for the purpose (in so far as such works cannot be carried out fromwithin the Transferred Land) of maintaining and repairing any buildingssituated at the transfer date upon the Transferred Land subject to thepersons so entering causing as little damage as reasonably possible andmaking good as soon as reasonably possible any damage caused.

3.  The right to such support as is enjoyed at the transfer date by thebuildings situated on the Transferred Land from the buildings situatedat the Retained Property.

PART II

Rights excepted and reserved from the Transferred Land for thebenefit of the Retained Property.

1.  The right to the free and uninterrupted passage of the Servicesthrough any Conduits which are at the transfer date laid in or throughthe Transferred Land.

2.  The right with workmen and others and with or without equipment andmaterials at all reasonable times upon giving previous written notice(save in case of emergency) to enter into and upon the Transferred Landfor the purpose of constructing, repairing, cleansing, maintaining,replacing or renewing any such Conduits and making connections theretoand for the purpose (in so far as such works cannot be carried out fromwithin the Retained Property) of maintaining and repairing any buildingssituated at the transfer date at the Retained Property subject to thepersons so entering causing as little damage as reasonably possible andmaking good as soon as reasonably possible any damage caused.

3.  The right to such support as is enjoyed at the transfer date by thebuilding situated at the Retained Property from the buildings situatedon the Transferred Land.

4.  The right of escape in the event of fire or other emergency from theRetained Property through such paths or other openings situated on theTransferred Land as exist at the transfer date.

Explanatory Note

(This note is not part of the Order)

This Order makes provision for the transfer to specified innerLondon borough councils of certain property, rights and liabilitiesoriginally transferred to, or held, acquired or incurred by the LondonResiduary Body ( “the LRB”) by virtue of, or in the exercise of any of its functions under,Part III of the Education Reform Act 1988 ( “the 1988 Act”).

The Order gives effect with modifications to proposals made by theLRB in respect of such transfers pursuant to section 187(2) of the 1988Act.

The Order also makes provision for the transfer to the councils ofthe London Boroughs of Bromley and Lambeth of certain property givingeffect to proposals submitted to the Secretary of State by the LRBacting pursuant to section 67(1)(a) and (2) of the Local Government Act1985.

Land transferred pursuant to article 3(1)(c) may not be disposed ofwithin 20 years without the consent in writing of the Secretary of State(article 4(2)). Certain specified land must be brought into educationaluse within a specified time or be sold (article 4(5) to (10)). The LRBis made responsible for enforcing such conditions (article 10).

Plans showing the land transferred pursuant to article 3 may beinspected during normal office hours as follows—

land transferring to the Royal Borough of Kensington andChelsea—at the Town Hall, Hornton Street, London W8 7NX;

land transferring to the London Borough of Bromley—at theValuation and Estates Division, Bromley Civic Centre, Stockwell Close,Bromley, BR1 3UH;

the South Bank property (which includes County Hall and JubileeGardens), the Riverside Walk and Open Space in Upper Ground, the landlisted in Schedule 2 and the land to the south of Waterloo Bridge, SE1described in Schedule 3—at the Department of the Environment,2 Marsham Street, London SW1P 3EB;

all land—at the offices of the London Residuary Body,Globe House, 4 Temple Place, London WC2R 3HP.

(1)

1988 c. 40.

(2)

1985 c. 51.

(3)

1988 c. 41; section 69 was amended by the LocalGovernment and Housing Act 1989 (c. 42), Schedule 5, paragraphs 50 and79(3).

(4)

S.I. 1992/437.

(5)

1985 c. 68; sections 155 and 156 were amended by theHousing and Planning Act 1986 (c. 63), section 2(3) and Schedule 5, PartI, paragraph 1(2) and (5) and the Housing Act 1988 (c. 50), Schedule 17,Part I, paragraph 41 and Part II, paragraph 106.

(6)

1980 c. 20.

(7)

1944 c. 31.

(8)

Section 55(1) was amended by the Education Reform Act1988 (c. 40), Schedule 12, Part III, paragraph 55(2).

(9)

1950 c. 27; section 31 was repealed in part by theArbitration Act 1975 (c. 3), section 8(2), and amended by the ArbitrationAct 1979 (c. 42), section 7(1).