Statutory Instrument 1990 No. 124

The Education (Inner London Education Authority) (Property Transfer) Order 1990

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© Crown Copyright 1990

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1990 No. 124

EDUCATION, ENGLAND AND WALES

The Education (Inner London Education Authority) (Property Transfer) Order 1990

The Secretary of State for Education and Science, in exercise of the powers conferred on him by sections 168 and 231 of the Education Reform Act 1988^[1], hereby makes the following Order:

Citation and commencement
    1.    This Order may be cited as the Education (Inner London Education Authority) (Property Transfer) Order 1990 and shall come into force—

for the purposes of article 11(2) to (4), on 27th February 1990; and

for all other purposes, on 1st April 1990.

Interpretation
    2.—(1)  In this Order—

"the Act" means the Education Reform Act 1988;


"County Hall" means the land comprised in title No. SGL 498870 and registered at H.M. Land Registry with Title Absolute;


"ILEA" means the Inner London Education Authority;


"inner London council" means the council of an inner London borough or (in their capacity as a local authority) the Common Council of the City of London;


"Jubilee Gardens" means the land comprised in title No. LN 6306 and registered at HM Land Registry with Title Absolute;


"the LRB" means the London Residuary Body;


"otherwise than temporarily" means for a period of not less than one year immediately preceding 1st April 1990;


"property" does not include cash or the balance on any fund or account;


"records" includes any material in written or other form and, except where the context otherwise requires, any copyright or other intellectual property of ILEA in records;


"relevant order" means any other order made after this Order under the Act which effects the transfer of property, rights or liabilities of ILEA and which comes into force on or before 1st April 1990;


references to ILEA's LEA functions are references to its functions as the local education authority for the Inner London Education Area; and


references to a council's LEA functions are references to its functions as the local education authority for its area.

    (2)  References in this Order and in column 2 of any of Schedules 2 to 13 hereto to Conditions A to E in relation to any land transferred hereby shall be construed according to the following table—

Condition A	A condition that if the land ceases to be used for the purposes of the council's LEA functions before 1st April 2010, it is to be disposed of and the proceeds of sale, after deduction therefrom of a sum equal to the aggregate amount of any capital expenditure incurred since 1st April 1990 in relation to the land by the disposing council and of any expenditure so incurred in connection with the disposal of the land, are to be divided between the inner London councils in proportion to their populations of children of compulsory school age, based on the most recent returns to the Department of Education and Science available at the time of completion of the sale.
Condition B	A condition that the land is to be brought into use wholly or mainly for the purposes of the council's LEA functions by 1st April 1997 and that, if it is not so brought into use, it is to be disposed of and the proceeds of sale are to have deductions made therefrom and to be divided as if it were a disposal to which Condition A applied.
Condition C	A condition that if the land ceases to be used wholly or mainly for the purposes of the council's LEA functions, or if the council wishes to dispose of it, it must first be offered for transfer to each other inner London council. If one of those councils wishes to maintain the land for its LEA functions, the land is to be transferred to that council at a nil consideration or, if the disposing council has since 1st April 1990 incurred capital expenditure in relation to the land, at such consideration not exceeding the aggregate amount of that expenditure and of any expenditure incurred by the disposing council in connection with the disposal of the land as the disposing council may require. If more than one council wishes to maintain the land for that purpose, the Secretary of State may give a direction as to the council to which the land is to be transferred. If no council expresses such a wish, the land is to be disposed of at the earliest opportunity, with the proceeds of sale to have deductions made therefrom and to be distributed as if it were a disposal to which Condition A applied. If the land is transferred to an inner London council, this condition shall apply as it does to the initial transfer.
Condition D	A condition that before publishing statutory proposals under section 14 of the Education Act 1981[2] which would lead to the maintaining council ceasing to maintain the school in question, the maintaining council shall first have enquired of all other inner London councils whether they wish to become responsible for maintaining the school. If one or more of those councils indicates its willingness to assume this responsibility, the maintaining council is to seek the Secretary of State's consent to a transfer of responsibility under the provisions of section 166(6) of the Act. If the school is so transferred, the maintaining council may require the transferee council to pay to it a sum equal to the aggregate amount of any capital expenditure incurred by it since 1st April 1990 in relation to the land and of any expenditure incurred by the maintaining council in connection with the transfer of the land, and this condition shall apply to a transfer under this condition as it does to the initial transfer.
Condition E	A condition that the maintaining council shall as soon as practicable after 1st April 1990 negotiate with any other inner London council wishing to use the facilities and services provided by the maintaining council on the land from that date for the purpose of agreeing terms and conditions for such use by such other council.



    (3)  Without prejudice to the Interpretation Act 1978^[3] or section 235 of the Act, any reference to the vesting of land by virtue of this or any relevant order shall be construed as including the vesting of any contractual licence for the use of land and of any right to use land arising by or under any statutory provision.

    (4)  The provisions of this Order are subject to any contrary provision made by any relevant order.

    (5)  Any provision in this Order vesting property shall be construed, unless the context otherwise requires, as including a reference to the vesting of rights and liabilities of ILEA in respect of any agreement for the hire or use by, or deposit with, ILEA of any such property.

    (6)  Any reference in this Order to any rights or liabilities of ILEA includes a reference to rights or liabilities acquired or incurred by any predecessor in title of ILEA and vested in ILEA but excludes excepted rights and liabilities as defined in section 168(5) of the Act.

    (7)  Unless the context otherwise requires any reference in this Order to—
 (a) a numbered article or Schedule is a reference to the article or Schedule in this Order so numbered; and
 (b) a numbered paragraph is a reference to the paragraph so numbered in the article or Schedule in which the reference appears.

General transfer of land, rights and liabilities to the inner London councils
    3.—(1)  Subject to the provisions of this Order, all land held and used otherwise than temporarily, and rights or liabilities in relation to such land acquired or incurred, by ILEA exclusively for or in connection with its LEA functions shall vest in the appropriate inner London council.

    (2)  Subject to article 4, any other land held by ILEA, including land—
 (a) held for investment;
 (b) which is the subject of any agreement for disposal by ILEA, or of a resolution by ILEA or any committee or sub-committee of ILEA to the effect that the land is surplus to ILEA's requirements and should be disposed of; or
 (c) which is specified in Schedule 1,
shall not vest as aforesaid.

    (3)  In this article, "appropriate inner London council" means the inner London council in whose area the land is situated.

    (4)  Paragraph (1) does not apply to land forming part of a hereditament situated partly in the area of an inner London council and partly in the area of one or more other bodies (whether or not inner London councils) unless that land is held or used for the purposes of a school, in which case it shall have effect as if the land were situated entirely in the area of the inner London council designated in relation to the school by an order made under section 166 of the Act.

Transfer of land etc. to specified bodies
    4.—(1)  Any land specified in column 1 of Schedules 2 to 13, and rights or liabilities in relation to such land acquired or incurred by ILEA exclusively for or in connection with its LEA functions, shall vest in the body specified in that respect in each of those Schedules respectively subject to the conditions (if any) specified in relation thereto in column 2; and article 3, insofar as it is inconsistent with this article, shall not apply to any property so specified.

    (2)  Section 123(2) of the Local Government Act 1972^[4] shall not apply to a transfer in accordance with any condition specified in article 2(2).

    (3)  Conditions C and D so specified are local land charges for the purposes of section 1(1)(e) of the Local Land Charges Act 1975^[5].

    (4)  Any transfer of land which includes school buildings effected by paragraph (1) also includes any dwelling-house within the curtilage of any such building which is held and occupied immediately before 1st April 1990 for the purpose of a caretaker's dwelling.

General transfer of property other than land
    5.—(1)  This article has effect in respect of any property other than land for which provision is not otherwise made by this or any relevant order.

    (2)  Subject to paragraph (4) where by virtue of this or any relevant order any hereditament comprising land vests in any body, any property in or on the land, being property held by ILEA for the purposes of its LEA functions shall, subject to paragraph (3), vest in that body.

    (3)  Paragraph (2) applies—
 (a) to property used or intended to be used exclusively for the discharge of functions on any land, and which is kept elsewhere when not in use, and
 (b) to vehicles and other mobile equipment which are normally kept on any land,
as it applies to property in or on that land.

    (4)  Where any body is entitled, pursuant to article 7, to use any hereditament comprising land which is, by virtue of this or any relevant order, vested in another body, any property in or on the land shall vest as may be agreed between those bodies or as may, in default of agreement, be determined under article 11.

    (5)  Any vehicle licence, operator's licence, road service licence, plating certificate or other document issued in respect of any vehicle transferred by this or any relevant order shall have effect as if it had been issued to the body to whom such vehicle is transferred ("the transferee") and any reference to ILEA in any registration book or other document issued in respect of such a vehicle shall have effect as a reference to the transferee.

Transfer of rights and liabilities etc.
    6.—(1)  All rights and liabilities in respect of any payment which was due and payable by or to ILEA before 1st April 1990 shall not vest by virtue of this Order.

    (2)  Subject to the provisions of this article, all rights and liabilities arising in relation to any contract for goods or services to be provided by or to ILEA (other than those to which articles 3(1) or 4 or paragraph (3) applies) shall—
 (a) insofar as the contract relates exclusively to the area of one inner London council, vest in that council; and
 (b) insofar as it relates to the area of more than one such council, shall vest jointly and severally in all those inner London councils.

    (3)  Subject to the provisions of this article, and of articles 3 and 4, all rights and liabilities arising in relation to any transaction whereby ILEA undertook any liability for the management, maintenance, repair or improvement of any land situated within its area which is vested in any other person, or any liability for a guarantee, indemnity, or financial assistance by way of grant or otherwise in respect of any such land shall vest in the appropriate inner London council.

    (4)  Paragraph (3) applies to a liability imposed by or under any statutory provision as it applies to a liability which is undertaken voluntarily.

    (5)  Without prejudice to section 195(2) of the Act anything done or omitted to be done by or in relation to ILEA in respect of any such land or contract as is mentioned in this article shall have effect as if done or omitted to be done by or in relation to the body to which rights and liabilities in respect of such land or such a contract are transferred, or, if there is more than one such body, by or in relation to those bodies jointly and severally.

    (6)  The LRB may, if it thinks fit, make or receive any payment which by virtue of this or any relevant order would fall to be made or received by any other body, and may recover the amount paid from or, as the case may be, pass on the amount received to, that body.

    (7)  In recovering any amount paid in pursuance of paragraph (6), the LRB may also recover any costs reasonably attributable to that payment or that recovery.

    (8)  In this article "contract" includes any enforceable undertaking, but does not include a contract of employment, and "appropriate inner London council" means—
 (a) in the case of land held or used for the purposes of a voluntary school, the inner London council designated in relation to the school by an order made under section 166 of the Act; and
 (b) in any other case, the inner London council in the area of which the land is situated or, where the land is situated in the area of two or more such councils, those councils jointly and severally.

Use of property in connection with functions
    7.—(1)  Subject to article 8, this article applies to any land (other than land to which condition E applies) ("the relevant land") which—
 (a) by virtue of the Act or this or any relevant order vests in any body ("the owner"); and
 (b) immediately before 1st April 1990 was used by ILEA otherwise than temporarily for the purposes of any function ("relevant function") which is exercisable on and after that date by another body ("the occupier") (whether or not it is also exercisable by the owner).

    (2)  The occupier shall be entitled to use that land for the purposes of that function to the extent to which it was so used by ILEA.

    (3)  Where the relevant land is vested in the LRB, the period during which it may be used in pursuance of paragraph (2) shall be determined by that body, and the other terms on which it may be used shall be agreed between that body and the occupier.

    (4)  Where the relevant land is vested other than in the LRB, the period during which, and the other terms on which it may be used in pursuance of paragraph (2), shall be agreed between the owner and the occupier.

    (5)  This article shall not be construed as conferring, and unless the owner and the occupier otherwise agree, no agreement under this article shall create, or determination under article 11 shall confer, a tenancy or right to a tenancy to which Part II of the Landlord and Tenant Act 1954^[6] applies.

County Hall and Jubilee Gardens
    8.—(1)  For the avoidance of doubt and without prejudice to section 180 of the Act nothing in this Order vests any interest in County Hall or Jubilee Gardens, transfers any right in relation to County Hall or Jubilee Gardens, confers any entitlement to use County Hall or Jubilee Gardens or vests the property mentioned in paragraph (2).

    (2)  That property is—
 (a) all vehicles and other mobile equipment which are normally kept in or on County Hall or Jubilee Gardens or in or on any land vested in the LRB otherwise than by virtue of this or any relevant order or the Act, and
 (b) property used or intended to be used exclusively for the discharge of functions in or on County Hall or Jubilee Gardens or any such land and which is kept elsewhere when not in use.

Records
    9.—(1)  Subject to paragraph (3), all records of ILEA relating exclusively to the discharge of any of its functions in any area in which, on and after 1st April 1990, that function is exercisable by another body shall vest in that body.

    (2)  Where—
 (a) any records relating to any function of ILEA ("the relevant records") vest by virtue of the Act or this or any relevant order in any body, or are subsequently transferred to another body; and
 (b) that function is exercisable on and after 1st April 1990 by any other body (whether or not it is also exercisable by the body in which the relevant records are vested or to which they have been transferred),
that other body shall be entitled during ordinary office hours, through any person authorised in that behalf, to inspect and take extracts and to be supplied with copies of those records.

    (3)  This article does not apply to records relating to staff employed by ILEA except insofar as those records relate to staff transferred to the body concerned by an order under section 172 of the Act.

Property etc. vested in more than one body
    10.—(1)  This paragraph applies to any hereditament comprising land parts of which are, by virtue of any provision of this or any relevant order, vested in different bodies; and the bodies amongst which any such hereditament is divided or in which any rights and liabilities are vested are in this article referred to as "the relevant bodies".

    (2)  Where any easement or other right over one part ("the servient part") of any hereditament to which paragraph (1) applies is required to enable another such part ("the dominant part") to be used, or to enable the full benefit of that part to be enjoyed, the body in which the dominant part is vested may serve notice ("the initial notice") on the body in which the servient part is vested specifying the easement or other right required and demanding that it be granted on the terms specified in the notice.

    (3)  The body on which the initial notice is served shall grant the required easement or other right on the specified terms unless within three months of receiving the initial notice it serves a counter-notice stating that it does not agree that the easement or other right is so required or that it does not accept the specified terms.

    (4)  The custody of documents of title and all other documents held by ILEA and relating to any hereditament to which paragraph (1) applies or to any rights or liabilities which by virtue of this or any relevant order vest in more than one body shall vest in whichever of the relevant bodies may be agreed between them, and the other body or bodies shall be entitled during ordinary office hours to inspect and take extracts from, and to be supplied with copies of, all such documents; and, in the case of documents of title, the body having custody of such documents shall be treated for the purposes of section 64 of the Law of Property Act 1925^[7] as if it had given an acknowledgement in writing to production of such documents.

Disputes
    11.—(1)  
 (a) Any matter which by virtue of any provision in this or any relevant order falls to be agreed between any parties, and is not so agreed;
 (b) any question as to whether any easement or other right is required to enable any land to be used or the full benefit of it to be enjoyed;
 (c) any question as to the terms on which any easement or other right is to be conferred; and
 (d) any question as to whether any amount is recoverable from any body in pursuance of article 6(6) or (7); and
shall be determined by a person agreed on by the parties concerned or, in default of their agreement, appointed—
 (i) where the LRB is not one of those parties, by that body; and
 (ii) where that body is one of those parties, by the Secretary of State;
and any question as to the interpretation or application of this or any relevant order may be so determined.

    (2)  The LRB may, by notice in writing given before 27th February 1990 to any inner London council determine—
 (a) the extent of any land or other property to be vested by this order; or
 (b) the functions for the purposes of which any such land or other property was held on the date on which the notice was given, or is used, or was acquired by ILEA;
 (c) any matter which two or more local councils, by notice in writing, request it to determine.

    (3)  A copy of any notice under paragraph (2) shall also be given to any body or bodies appearing to the LRB to have an interest in the matter.

    (4)  If notice is given before 1st April 1990 to the LRB by any council or other body that they are dissatisfied with any determination under paragraph (2) the question shall be determined by agreement between the LRB and that council or other body, or failing such agreement, by a person agreed on by them or in default of agreement appointed by the Secretary of State.

    (5)  Where at 1st April 1990 notice has been given under paragraph (4) and the question has not been determined the property in question shall vest in the LRB pending its determination.

    (6)  Section 31 of the Arbitration Act 1950^[8] shall have effect for the purposes of the determination of any question by any person under this article as if such determination were an arbitration under any other Act within the meaning of that section.

Continuity etc.
    12.—(1)  Without prejudice to section 195 of the Act—
 (a) all contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given, or have effect as if given, by, or to, ILEA in respect of any property, rights or liabilities ("transferred matters") transferred by or under any provision of the Act, shall be of full force and effect in favour of, or against, the body ("the transferee") to which such matters are transferred; and
 (b) any action or proceeding, or any cause of action or proceeding, pending or existing at 1st April 1990 by or against ILEA and in respect of any transferred matters may be continued, prosecuted and enforced by or against the transferee.

    (2)  Where by virtue of this or any relevant order any function of ILEA is conferred on any body in respect of any property transferred to it, subsections (2) and (4) to (8) of section 195 of the Act shall apply to that body, in respect of that function, as if it, and no other body, were the successor authority for the purposes of that section.

[1] 1988 c. 40. back

[2] 1981 c. 60. back

[3] 1978 c. 30. back

[4] 1972 c. 70. back

[5] 1975 c. 76. back

[6] 1954 c. 56. back

[7] 1925 c. 20. back

[8] 1950 c. 27. back

Explanatory Note