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The Education (London Residuary Body) (Property Transfer) Order1992

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Conditions on Transfer

4.—(1) Land transferred to Kensington and Chelsea pursuant to article3(1)(a), except the former Mayfield School, West Hill, SW15, or toBromley pursuant to article 3(1)(b) is subject to the condition that itbe disposed of as soon as reasonably practicable.

(2) Subject to paragraph (4), land transferred pursuant to article3(1)(c) is subject to the condition that it or any interest in it shallnot be disposed of within 20 years of the transfer date without theconsent in writing of the Secretary of State.

(3) In giving his consent under paragraph (2) the Secretary of State mayimpose conditions regarding the payment of all or part of theconsideration for any such disposal, in such proportions as he maydirect, to any or all of the inner London councils and the CommonCouncil.

(4) Paragraph (2) does not apply to a disposal required by paragraph (9)or (10).

(5) Land marked with an asterisk in Schedule 3 is transferred subject tothe condition that by 1st April 1995 it is brought into use wholly ormainly for the purposes of the transferee council’s functions as thelocal education authority for their area.

(6) The former Shoreditch School and Site, Falkirk Street, N1, theformer Shoreditch School Site Extension, 77, Kingsland Street/1a,Redvers Street, E2 and the former Henry Thornton Secondary School, 45,Clapham Common South Side, SW4 are each transferred subject to thecondition that by 1st April 1995 they be brought into use wholly ormainly for the purposes of an institution for the full-time education ofpersons over compulsory school age who have not attained the age ofnineteen years.

(7) The former Wandsworth Boys' Secondary School, Sutherland Grove, SW18is transferred subject to the condition that it is to be brought intouse by 1st April 1995 as the site for a new school established undersection 12 or 13 of the Education Act 1980(1) or as the site for a school transferring to that siteunder section 16 of the Education Act 1944(2).

(8) The former Eltringham School Site, SW18 is transferred subject tothe condition that it is to be brought into use by 1st April 1995 as atransport depot for the purposes of the transferee council’s dutiesunder section 55(1) of the Education Act 1944(3) (provision of transport and other facilities).

(9) Land which is not brought into use in accordance with paragraphs(5), (6), (7) and (8) is to be disposed of as soon as reasonablypracticable and the proceeds of sale after deduction therefrom of a sumequal to the aggregate amount of any capital expenditure incurred since1st April 1992 in relation to the land by the transferee and of anyexpenditure so incurred in connection with the disposal of the land areto be divided between the inner London councils and the Common Councilin proportion to their populations of children of compulsory school age,based on the most recent returns to the Department of Education andScience available at the time of completion of the sale.

(10) The Hackney Sixth Form Centre, Cassland Road, E9 is transferredsubject to the condition that if the former Shoreditch School and Siteis brought into use as specified in paragraph (6) the said Centre shallbe disposed of and the proceeds of sale dealt with as required byparagraph (9).

(3)

Section 55(1) was amended by the Education Reform Act1988 (c. 40), Schedule 12, Part III, paragraph 55(2).

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