Conversion of schools into Academies
I18F1Transfer schemes: other property, rights and liabilities
1
This section applies if—
a
an Academy order has effect in respect of a school, and
b
the school is to be converted into an Academy.
F22
The Secretary of State may make a scheme (a “transfer scheme”) in relation to—
a
property used or held for the purposes of the school by a local authority or the school's governing body, and
b
rights and liabilities (including rights and liabilities in relation to staff) of the local authority or the governing body which were acquired or incurred for the purposes of the school.
3
A F4transfer scheme may not make provision in relation to—
a
land, or rights or liabilities in respect of land (see Schedule 1), or
b
property or rights to which section 7 applies.
4
5
A F4transfer scheme may—
a
create rights, or impose liabilities, in relation to property, rights or liabilities transferred by virtue of the scheme;
b
provide for anything done by or in relation to the current owner in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the transferee;
c
apportion property, rights and liabilities;
d
make provision about the continuation of legal proceedings.
6
The things that may be transferred by a F4transfer scheme include—
a
property, rights and liabilities that could not otherwise be transferred;
b
property acquired, and rights and liabilities arising, after the making of the scheme.
7
A transfer by virtue of a F4transfer scheme does not affect the validity of anything done by or in relation to the current owner before the transfer takes effect.
8
A F4transfer scheme may include incidental, consequential, supplemental and transitional provision.
9
In this section “ the current owner ” means the person by whom the property is held, or in whom the rights or liabilities are vested, immediately before the transfer to be effected by a F4transfer scheme takes effect.
10
A transfer made by virtue of a F4transfer scheme is binding on all persons even if, apart from this subsection, it would have required the consent or concurrence of any person.