Statutory Instrument 1992 No. 501

The Education (London Residuary Body) (Transfer of Loans) Order 1992

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© Crown Copyright 1992

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1992 No. 501

EDUCATION, ENGLAND AND WALES

The Education (London Residuary Body) (Transfer of Loans) Order 1992

Whereas the London Residuary Body, acting pursuant to section 187(2) of the Education Reform Act 1988^[1], has submitted proposals to the Secretary of State for the transfer to the councils of inner London boroughs of certain of its rights and liabilities;And whereas the Secretary of State has decided to give effect to those proposals with modifications;Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 177(2) and (3), 187(5) and (6), 231(2) and (3) and 232(5) of that Act, and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation
    1.—(1)  This Order may be cited as the Education (London Residuary Body) (Transfer of Loans) Order 1992 and shall come into force on 1st April 1992.

    (2)  In this Order—
"the appropriate percentage" means, in relation to a council listed in column (1) of Schedule 1 to this Order, the percentage specified opposite thereto in whichever of column (2), (3) or (4) of that Schedule is appropriate to the loan in question; and
"the LRB" means the London Residuary Body.

Transfer of loans
    2.—(1)  On 1st April 1992 part of the liability of the LRB to the Public Works Loan Board in respect of the payment of interest and the repayment of principal outstanding immediately before that date attributable to the loans listed in Schedule 2 to this Order shall transfer to and fall to be discharged by the councils listed in Schedule 1 to this Order in the manner described in paragraphs (2) to (4) below.

    (2)  Each council shall be liable for the repayment of the appropriate percentage of principal outstanding in relation to each loan.

    (3)  Each council shall discharge that part of the liability apportioned to it at the time and in the manner applicable to the loan in question.

    (4)  Each council shall pay to the Public Works Loan Board interest on that part of the liability which falls to be discharged by it at the rate and time and in the manner applicable to the loan in question.

    3.    The rights of the LRB in respect of the loans referred to in article 2(1) above shall on 1st April 1992 vest jointly and severally in the LRB and in the councils there referred to.

Extinguishment of existing rights and liabilities, revocation and saving
    4.—(1)  Subject to paragraph (2) below, the rights and liabilities created by section 177(2) and (3) of the Education Reform Act 1988 and the Education (Inner London Education Authority) (Repayment of Loans) Order 1990^[2] are extinguished and that Order is hereby revoked.

    (2)  Paragraph (1) above shall not have effect in relation to rights and liabilities—
 (a) which accrued before 1st April 1992; and
 (b) in respect of payments which fall to be made on 30th September 1992 in accordance with article 6(3) of the said Order.

Kenneth Clarke

Secretary of State for Education and Science

4th March 1992

[1] 1988 c. 40. back

[2] S.I. 1990/775. back

Explanatory Note