The Further Education (Exclusion of Land from Transfer) Order 1993

Statutory Instruments

1993 No. 901

EDUCATION, ENGLAND AND WALES

The Further Education (Exclusion of Land from Transfer) Order 1993

Made

26th March 1993

Laid before Parliament

29th March 1993

Coming into force

31st March 1993

Whereas applications have been made to the Secretary of State under section 23(5) of the Further and Higher Education Act 1992(1) by local authorities for the several interests in land mentioned in this Order to be excluded from transfer under section 23(2) of that Act, no agreement having been reached in relation thereto under section 23(4) of that Act;

Now therefore, in exercise of the powers conferred on him by sections 23(5) and (6) and 89(4) of the Further and Higher Education Act 1992, the Secretary of State for Education hereby makes the following Order:

1.  This Order may be cited as the Further Education (Exclusion of Land from Transfer) Order 1993 and shall come into force on 31st March 1993.

2.—(1) It is hereby directed that the interests in land described in column (1) of the Schedule to this Order held by the local authorities named in column (2) of that Schedule, together with any rights or liabilities of those authorities related to those interests, shall be excluded from transferring under section 23(2) of the Further and Higher Education Act 1992 to the further education corporations specified in column (3) of that Schedule.

(2) The notes to the Schedule to this Order shall have effect for the purpose of conferring rights and imposing liabilities, being rights and liabilities that could have been conferred or imposed by an agreement under section 23(4) of the Further and Higher Education Act 1992.

Article 2

SCHEDULE

(1)	(2)	(3)	(4)
Description of interest in land	Local Authority	Further education corporation	Notes
1.  the freehold interest in the area of land known as “Carlton Road Car Park”, comprising an area of approximately 0·483 hectares adjoining Carlton Road, Worksop, Nottinghamshire	Bassetlaw District Council	North Nottinghamshire College of Further Education, Worksop (from 1st April 1993 to be known as the North Nottinghamshire College)
2.  the freehold interest in the area of land known as Unit 1, Hallcroft Industrial Centre, Retford, Nottinghamshire	Bassetlaw District Council	North Nottinghamshire College of Further Education, Worksop (from 1st April 1993 to be known as the North Nottinghamshire College)
3.  the freehold interest in the land known as 5/6 Hot Bath Street, Bath	Bath City Council	City of Bath College	City of Bath College shall be entitled to continue to use the land for the purposes of the College, on such terms as may be agreed between the College and Bath City Council or failing agreement determined by the Education Assets Board
4.  the freehold interest in the land and buildings known as the Hartington Centre, (formerly the Clowne Depot complex) Creswell Road, Clowne, Chesterfield (including numbers 11 and 13 Duke Street and all other buildings within the curtilage of the site)	Bolsover District Council	North Derbyshire Tertiary College
5.  the freehold interest in the land and buildings known as Units 5, 5A, and 6, Shoreham Airport, Shoreham, West Sussex and the adjacent car parking spaces and any other land in respect of which, under the lease for a term of 99 years from 29th September 1980 granted to West Sussex County Council by Brighton Borough Council, Hove Borough Council and Worthing Borough Council (as subsequently varied), West Sussex County Council have car parking rights	Brighton Borough Council, Hove Borough Council and Worthing Borough Council	Northbrook College of Design and Technology, Worthing
6.  the freehold interest in land at Plumpton Hill, Plumpton, East Sussex	Brighton Borough Council	Plumpton College, E. Sussex
7.  the freehold interest in the land and buildings known as the Horticultural Training Centre, Stanmer Park, Brighton	Brighton Borough Council	Brighton College of Technology	Brighton College of Technology shall have such rights of user as East Sussex County Council have on the coming into force of this Order under article 23 of the Local Authorities (England) (Property etc.) Order 1973(2)
8.  the freehold interest in the land and building known as The Old Custom House, Queen Square, Bristol	The City Council of Bristol	South Bristol College
9.  the freehold interest in the land and buildings (including garage and outbuildings) known as Stanwix House, Brampton Road, Stanwix, Carlisle	Carlisle City Council	Cumbria College of Art and Design, Carlisle
10.  the freehold interest in the land and buildings known as Stanwix House Cottage, Brampton Road, Stanwix, Carlisle	Carlisle City Council	Cumbria College of Art and Design, Carlisle
11.  the freehold interest in the land and buildings known as Unit 13, Site 54 Kingstown Industrial Estate, Kingstown, Carlisle	Carlisle City Council	Carlisle College
12.  the freehold interest in the land and buildings on the west side of Market Street, Chorley, Lancashire, situated between numbers 110 and 112, Market Street and known as the Market Street, Chorley, annexe of Runshaw College, including all land within the curtilage of the site	Chorley Borough Council	Runshaw College
13.  the freehold interest in an area of land of approximately 3·2 hectares at Aireville Grange, off Gargrave Road, Skipton, North Yorkshire, being Field No. 8327 on the 1986 edition of the 1/2500 scale map published by Ordnance Survey	Craven District Council	Craven College, Skipton, N. Yorkshire
14.  the freehold interest in an area of land of appproximately 14 hectares situated to the west of Middlewich Road, Wistaston, Nantwich, Cheshire	Crewe and Nantwich Borough Council	Reaseheath College, Nantwich
15.  the freehold interest in the land and buildings known as 237 Chamberlayne Road, Eastleigh, Hampshire having a frontage of approximately 36 metres to the south side of Derby Road, Eastleigh and a return frontage of approximately 27 metres to the west side of Chamberlayne Road, Eastleigh	Eastleigh Borough Council	Eastleigh College
16.  the leasehold interest under a lease for a term of 200 years from 14th October 1873 granted by John Cleave, Clerk of the Peace of and for the County of Hereford to the Mayor, Aldermen and Citizens of the City of Hereford in the land and buildings formerly known as the Herefordshire College of Art and now known as the Castle Green annexe of the Herefordshire College of Technology	Hereford City Council	Herefordshire College of Technology
17.  the freehold interest in an area of land of approximately 533 square metres comprising part of a car park at the corner of Parsonage Street and Park Green, Macclesfield, the subject of a Deed of Agreement made on 29th October 1992 between Macclesfield Borough Council and Cheshire County Council	Macclesfield Borough Council	Macclesfield College of Further Education
18.  the freehold interest in land and buildings used as workshop premises situated at the corner of John Street and Gosber Street, Eckington, Derbyshire	North East Derbyshire District Council	North Derbyshire Tertiary College
19.  the freehold interest in land and buildings used as workshop premises situated to the north of Peveril Road, Eckington, Derbyshire	North East Derbyshire District Council	North Derbyshire Tertiary College
20.  the freehold interest in the land and building known as Ivory House, All Saints Green, Norwich	The City Council of Norwich	Norwich City College of Further and Higher Education
21.  the freehold interest in land known as the Garth and the buildings known as the East Garth and the West Garth situated to the north of St Andrew’s and Blackfriars Hall, St Georges Street, Norwich	The City Council of Norwich	Norfolk Institute of Art and Design, Norwich	Norfolk Institute of Art and Design, Norwich shall have such rights of user as Norfolk County Council have on the coming into force of this Order under article 23 of the Local Authorities (England) (Property etc.) Order 1973
22.  the freehold interest in land comprising a car park situated at 68 Ashby Street, Norwich	The City Council of Norwich	Norwich City College of Further and Higher Education
23.  the freehold interest in the land and building comprising an area of approximately 327·6 square metres situated on the east side of the annexe to Southampton Technical College and having a frontage to Anglesea Terrace, Southampton	Southampton City Council	Southampton Technical College
24.  the freehold interest in an area of land of approximately 163·3 square metres situated on the north side of the annexe to Southampton Technical College and having a frontage to Paget Street, Southampton	Southampton City Council	Southampton Technical College
25.  the freehold interest (to the extent that Torbay Borough Council has such an interest) in land and buildings known as Windmill Hill Playing Fields, situated to the west of Higher Audley Avenue, Torquay, Devon, and such other rights in, to or over that land and buildings as on the coming into force of this Order Torbay Borough Council may have by virtue of arrangements for the shared use thereof with Devon County Council	Torbay Borough Council	South Devon College of Arts and Technology, Torquay (from 1st April 1993 to be known as South Devon College)	South Devon College of Arts and Technology, Torquay shall have such rights of user as Devon Council Council have on the coming into force of this Order under article 23 of the Local Authories (England) (Property etc.) Order 1973
26.  the freehold interest in the land and building known as Kidderminster College “E” Block, (formerly the Trustee Savings Bank computer centre) situated to the East of Hoo Road, Kidderminster, Hereford and Worcester	Wyre Forest District Council	Kidderminster College

T. E. Boswell

Parliamentary Under Secretary of State,

Department for Education

26th March 1993

Explanatory Note

(This Note is not part of the Order)

This Order directs that certain interests of local authorities in land shall be excluded from transferring to further education corporations under section 23(2) of the Further and Higher Education Act 1992. It also confers certain rights and imposes certain liabilities in such land.

The map referred to in the entry numbered 13 in the Schedule may be inspected during normal office hours at the offices of Craven District Council, Granville Street, Skipton, North Yorkshire BD23 1PS.

(1)

1992 c. 13; “land” is defined in section 90(1).

(2)

S.I. 1973/1861, amended by S.I. 1974/406.