Statutory Instrument 1990 No. 772

The Education (Inner London Education Authority) (Property Transfer) (No. 2) Order 1990

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1990 No. 772

EDUCATION, ENGLAND AND WALES

The Education (Inner London Education Authority) (Property Transfer) (No. 2) Order 1990

The Secretary of State for Education and Science, in exercise of the powers conferred on him by sections 168, 231 and 232(5) of the Education Reform Act 1988^[1], hereby makes the following Order:

Citation and commencement
    1.—(1)  This Order may be cited as the Education (Inner London Education Authority) (Property Transfer) (No. 2) Order 1990 and shall come into force on 1st April 1990.

Interpretation
    2.—(1)  In this Order "the principal Order" means the Education (Inner London Education Authority) (Property Transfer) Order 1990^[2].

    (2)  Expressions used in this Order have the meaning they bear in the principal Order.

    (3)  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.

Amendment of the principal Order
    3.—(1)  The principal Order shall be amended in accordance with the provisions of this article.

    (2)  In the definition of Condition A in article 2(2) thereof the words "wholly or mainly" shall be added after the words "ceases to be used".

    (3)  In article 5(3) thereof after sub-paragraph (b) shall be added the word "and" and the following sub-paragraph-
"(c) to property which is normally kept in or on land and which is immediately before 1st April 1990 on loan from ILEA to another person or body," .



    (4)  There shall be added at the end of each schedule thereto the land specified as respects each such schedule respectively in column 1 of Parts 1-13 of Schedule 1 to this Order, subject in the cases of Parts 2-13 to the conditions (if any) specified in relation to the land in column 2.

    (5)  Any land specified in Schedule 1 to this Order which is also specified in a schedule to the principal Order shall be deleted from the relevant schedule to the principal Order.

Transfer of property
    4.—(1)  The property specified in Parts 1-12 of Schedule 2 shall vest in the body specified in that respect in each of those Parts respectively.

    (2)  Article 5 of the principal Order shall apply to the property specified in Schedule 3 subject to the condition specified in paragraph (3).

    (3)  The condition is that the body in which the property vests shall as soon as practicable after 31st March 1990 negotiate with any other body wishing to acquire any of the property for the purpose of agreeing which property should transfer at a nil consideration no later than 1st September 1990 to that other body.

    5.—(1)  Subject to paragraph (2) the copyright and other intellectual property rights of ILEA in and to the works, materials and other matters specified in, or associated with the locations specified in, each Part of Schedule 4 shall vest in the body specified in the heading to each such Part respectively.

    (2)  For the purposes of paragraph (1) and Schedule 4 works, materials and other matters are associated with a specified location if they were produced in the course of employment by employees of ILEA working or based at that location.

    6.    Any transfer of land which includes school buildings effected by Article 3 of the principal Order also includes, subject to Condition B, any dwelling-house within the curtilage of any such building which is not used immediately before 1st April 1990 for the purposes of a schoolkeeper's dwelling.

Employees in voluntary aided schools
    7.    All rights and liabilities of ILEA immediately before 1st April 1990 in relation to any employee of the governing body of any voluntary aided school shall vest in the inner London council designated in relation to the school by an order made under section 166 of the Act.

Transfer of rights and liabilities: ILEA employees
    8.    Article 6(6) of the principal Order shall apply to any payment which by virtue of section 172(3)(a) of the Act would fall to be made or received by any other body in respect of any liability thereunder relating to any former employee of ILEA who prior to 1st April 1990 sustained injury in the course of his employment or who, before that date, sustained an injury resulting in death in the course of his employment.

School and college cash, funds and accounts
    9.—(1)  This article applies to-
 (a) all cash held at any school maintained by ILEA immediately before 1st April 1990, and the balances of any funds or accounts held or managed in the name of and for the benefit of any such school;
 (b) all cash held at any institution of further or higher education maintained by ILEA immediately before 1st April 1990 and the balances of any funds and accounts held or managed in the name of or for the benefit of any such institution; and
 (c) all cash held at any of the establishments specified in column 1 of Schedule 5 and to the balance of any funds or accounts held or managed in the name of and for the benefit of any such establishment.

    (2)  The interests of ILEA in any cash and the balance of any fund or account to which this article applies, together with all sums properly chargeable to or payable from any such account or fund and the rights and liabilities of ILEA in respect thereof, shall vest in the inner London council designated in relation to the school by an order made under section 166 of the Act, in the local education authority responsible for the maintenance of the institution of further or higher education to which any such cash or balance relates, or in the transferee authority specified in column 2 of Schedule 5, as the case may be.

    (3)  Nothing in this article shall apply to cash held at or any funds or accounts held or managed in the name of or for the benefit of-

The London College of Furniture,

41-47 Commercial Road, E1 1LA and Farrance Street, E14 in the London Borough of Tower Hamlets;

Cardinal Vaughan School,

89 Addison Road, W14 8BZ in the London Borough of Kensington and Chelsea; and

The London Nautical School,

61 Stamford Street, SE1 in the London Borough of Southwark.

[1] 1988 c. 40. back

[2] S.I. 1990/124, amended by S.I. 1990/313. back

Explanatory Note