Education (Scotland) Act 1980

16 Transference of denominational schools to education authorities. S

(1) It shall be lawful for the person or persons vested with the title of any school established after 21st November 1918, to which section 18 of the Act of 1918 would have applied had the school been in existence at that date, with the consent of the trustees of any trust upon which the school is held and of the Secretary of State, to transfer the school together with the site thereof and any land or buildings and furniture held and used in connection therewith, by sale, lease or otherwise, to the education authority, who shall be bound to accept such transfer, upon such terms as to price, rent, or other consideration as may be agreed, or as may be determined, failing agreement, by an arbiter appointed by the Secretary of State upon the application of either party.

(2) The consent of trustees to the transference of a school to an education authority under this section may be given by a majority of not less than two thirds of the trustees present at a meeting duly summoned for that purpose. The transference may be effected

[F1 (a)] by an ordinary disposition or other deed of conveyance by the persons vested with the title, recorded in the register of sasines [F2 ; or

(b) where—

(i) the [F3 transferee’s right in the land] is registrable under the M1 Land Registration (Scotland) Act 1979; or

(ii) the transference itself is so registrable,

by registration under that Act]

and no stamp or other duty shall be exigible on such disposition or other deed; and the persons whose consent is hereby required need not be parties to the conveyance, and the validity of the transference and the title of the education authority shall not be subject to challenge on the ground that the requisite consents were not duly given, unless such challenge shall be judicially made within six months after the recording of the deed of conveyance [F4 or, as the case may be, registration].

(3) The existing staff of teachers in a school transferred under this section shall be taken over by the education authority and shall as from the date of transfer be placed upon the same scale of salaries as teachers of corresponding qualifications appointed to corresponding positions in other schools of the same authority; and any question which may arise as to the due fulfilment or observance of any provision or requirement of this subsection shall be determined by the Secretary of State.

Textual Amendments

F1 Word inserted by Education (Scotland) Act 1981 (c. 58), Sch. 7 para. 3(a)

F2 Words inserted by Education (Scotland) Act 1981 (c. 58), Sch. 7 para. 3(b)

F3 Words in s. 16(2)(b)(i) substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 41(2) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F4 Word inserted by Education (Scotland) Act 1981 (c. 58), Sch. 7 para. 3(c)

Marginal Citations

M1 1979 c. 33.