Further and Higher Education Act 1992

39 Control of disposals of land. E+W

(1) Subject to subsection (11) below, this section applies to any disposal during the controlled period—

(a) of land which, immediately before the beginning of that period, was used or held for the purposes of any relevant institution, or

(b) of land which was obtained before the beginning of that period for the purpose of being so used or held and had not before the beginning of that period been appropriated to any other use.

(2) For the purposes of this section and sections 41 and 43 of this Act, an institution is a relevant institution if—

(a) it is an educational institution maintained by a local education authority and falls within section 15(2) of this Act,

(b) it is a county school or controlled school and falls within section 15(3) of this Act, or

(c) it is an educational institution such as is mentioned in section 28(1) of this Act and meets the requirements of subsection (2)(a) or (b) of that section.

(3) In this section “the controlled period” means the period beginning with 22nd March 1991 and ending with—

(a) the operative date in relation to the institution in question or, if later, the date on which any matter relating to that land on which agreement is required to be reached under paragraph 2(1) of Schedule 5 to this Act is finally determined, or

(b) in the case of an institution falling within paragraph (c) above, 21st March 1995 if earlier.

(4) Except with the consent of the Secretary of State, no local authority shall after the passing of this Act make a disposal to which this section applies.

(5) If at any time after 21st March 1991 and before the passing of this Act such an authority have made a disposal which would have been in contravention of the provisions of subsection (4) above if they had then been in force the same consequences shall follow as if those provisions had been contravened by that authority.

(6) Any consent for the purposes of this section may be given either in respect of a particular disposal or in respect of disposals of any class or description and either unconditionally or subject to conditions.

(7) Any signification of consent for the purposes of this section, or of such consent subject to conditions, given by the Secretary of State before the passing of this Act in respect of any disposal to which this section applies, shall be treated for the purposes of this section as a consent, or a consent subject to the conditions, given under this section.

(8) This section has effect notwithstanding anything in section 123 of the M1 Local Government Act 1972 (general power to dispose of land) or in any other enactment; and the consent required by this section shall be in addition to any consent required by subsection (2) of that section or by any other enactment.

(9) A disposal shall not be invalid or, in the case of a disposal which consists of a contract, void by reason only that it has been made or entered into in contravention of this section; and (subject to the provisions of section 40 of this Act) a person acquiring land, or entering into a contract to acquire land, from a local authority shall not be concerned to enquire whether any consent required by this section has been given or any conditions have been complied with.

(10) In this section references to disposing of land include—

(a) granting or disposing of any interest in land,

(b) entering into a contract to dispose of land or to grant or dispose of any such interest, and

(c) granting an option to acquire any land or any such interest.

(11) This section does not apply to a disposal falling within subsection (10)(a) above if it is made in pursuance of a contract entered into, or an option granted, on or before 21st March 1991.

(12) Where at any time land is used for the purposes of an institution, any interest of a local authority in the land subsisting at that time shall be taken for the purposes of subsection (1) above to be land held for the purposes of that institution (whether or not it is by virtue of that interest that the land is so used).

Commencement Information

I1 S. 39 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

Marginal Citations

M1 1972 c. 70.