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

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(1) 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)(2); 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.

(1)

S.I. 1992/437.

(2)

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.