Education Act 1944 (repealed 1.11.1996)

SECOND SCHEDULE E+W TRANSFER TO A LOCAL EDUCATION AUTHORITY OF AN INTEREST IN THE PREMISES OF A VOLUNTARY SCHOOL

1 A local education authority and the . . . F1 governors of any voluntary school maintained by the authority may, subject to and in accordance with the provisions of this Schedule, make an agreement for the transfer to the authority of any interest in the school premises held by any persons for the purposes of any trust deed relating to the school.

Textual Amendments

F1 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1

2 No such agreement shall take effect unless it has been approved by the [F2 Secretary of State for Education and Science .]

Textual Amendments

F2 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

3 The [F3 Secretary of State for Education and Science] shall not approve any such agreement unless he is satisfied—

(a) that due notice of the agreement has been given to any persons other than the . . . F4 governors of the school who, by virtue of any trust deed relating to the school, have an interest therein and to any other persons who appear to the [F3 Secretary of State for Education and Science] to be concerned; and

(b) that the execution of the agreement will effect the transfer of all interests necessary for the purpose of enabling the authority to maintain the school as a county school.

Textual Amendments

F3 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F4 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1

4 Before approving any such agreement, the [F5 Secretary of State for Education and Science] shall consider any representations made to him by or on behalf of any persons appearing to the [F5 Secretary of State for Education and Science] to be concerned with the proposed transfer.

Textual Amendments

F5 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

5 An agreement under this Schedule may provide for the transfer to the authority, subject to such conditions, reservations and restrictions, if any, as may be specified in the agreement, of the whole of the interest in the premises held by any persons for the purposes of any trust deed relating to the school, or of any less interest in the premises, and may include such other provisions, whether relating to the consideration for the said transfer or otherwise, as may be agreed upon between the authority and the . . . F6 governors of the school.

Textual Amendments

F6 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1

6 Where any agreement made under this Schedule has been approved by the [F7 Secretary of State for Education and Science], the . . . F8 governors of the school may, whether or not the interest to be transferred to the authority by virtue of the agreement is vested in them, convey that interest to the authority.

Textual Amendments

F7 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F8 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1

7 Where any person other than the . . . F9 governors of the school has a right to the occupation or use of the school premises or any part thereof for any particular purpose, no provision of any agreement made under this Schedule shall affect that right unless he has consented thereto.

Textual Amendments

F9 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1

8 In this Schedule, the expression “premises” includes a teacher’s dwelling-house.