The Education (New Procedures for Property Transfers) Regulations 2000

Property transfers to former grant-maintained schools

17.  Schedule 10 shall have effect as if—

(a) in paragraph 1(3) for “Education Transfer Council” there were substituted “transferee”;

(b) in paragraph 2(1) for “Education Assets Board” there were substituted “transferee”;

(c) after paragraph 2(2) there were inserted—

“(3) If and to the extent that he is requested to do so by the transferor or transferee the Secretary of State shall—

(a) assist the transferor, the transferee and any other interested person in identifying or defining the property, rights and liabilities transferred to the transferee or retained by the transferor;

(b) advise such persons as to the terms of any agreement or instrument falling to be made under sub-paragraph (1) above;

(c) prepare drafts of any such agreement or instrument; and

(d) assist the parties in executing and giving effect to any such agreement or instrument.

(4) Within 6 months after the transfer date the transferor shall send the Secretary of State a copy of an executed transfer agreement or, if no agreement has been executed, so notify him”;

(d) subject to regulation 19 below, for paragraph 3 there were substituted—

“3.— (1) In the case of any matter on which agreement is required to be reached under paragraph 2(1) above, if such an agreement has not been reached within a period of 6 months from the transfer date, the Secretary of State may give a direction determining that matter, and may include in the direction any provision which might have been included in an agreement under paragraph 2(1) above.

(2) Any property, rights or liabilities required by a direction under this paragraph to be transferred to the transferee shall be regarded as having been transferred to, and by virtue of this Act vested in, the transferee accordingly.

(3) The Secretary of State shall consult the transferor, the transferee and any other interested person before giving a direction under this paragraph.”;

(e) in paragraph 5 for “Education Transfer Council” there were substituted “Secretary of State”;

(f) in paragraph 9(2) for “Education Transfer Council” there were substituted “transferee”;

(g) in paragraph 9(6) and (9) for “Education Transfer Council” there were substituted “transferee” and

(h) paragraph 10 were omitted.