Self-Governing Schools etc. (Scotland) Act 1989

36 Transfer of land, moveable property and obligations to board of management. S

(1) Subject to subsections (4) and (5) below and to the provisions of sections 38 and 39 of, and Schedule 8 to, this Act, on the incorporation date there shall be transferred to and vest in the board of management of a self-governing school—

(a) all land or moveable property (whether corporeal or incorporeal) which, immediately before that date, is—

(i) owned by an education authority; and

(ii) used or held by that authority for the purposes of that school;

(b) subject to subsection (5) below, all liabilities and obligations of the authority in respect of that school, or in respect of property used or held for the purposes of that school; and

(c) all moveable property (whether corporeal or incorporeal) acquired, and liabilities and obligations incurred, by the school board in relation to that school.

(2) The land and moveable property mentioned in subsection (1)(a) above includes any land or moveable property which, immediately before the incorporation date, is used or held by the education authority—

(a) for the purposes of more than one of the schools in their area; or

(b) partly for the purposes of one or more of such schools and partly for other purposes,

to the extent that it is so used or held for the purposes of the school in question.

(3) The liabilities and obligations mentioned in subsection (1)(b) above include any liabilities or obligations subsisting—

(a) for the purposes of more than one of the schools in the education authority’s area; or

(b) partly for the purposes of one or more of such schools and partly for other purposes,

in so far as those liabilities or obligations subsist for the purposes of the school in question.

(4) The land or moveable property mentioned in subsection (1)(a) above does not include any hostels provided and maintained by the education authority under section 13 (provision of hostels) of the 1980 Act.

(5) The liabilities and obligations to be transferred to a board of management under subsection (1)(b) above do not include—

(a) any obligation to repay the principal or interest of any loan incurred by the authority for the purposes of that school;

(b) any obligation of the authority in respect of compensation for premature retirement of any person formerly employed by them;

(c) any obligation or liability under a contract of employment relating to a person previously employed by the education authority to whom section 22 of this Act does not apply; or

(d) any delictual, strict or statutory liability of the authority arising out of any act or omission where a cause of action accrued before the incorporation date.

(6) Subject to section 14(2) of this Act, any land owned by an education authority which is, as at the date when the authority receive a notice under section 13(6) of this Act, either of a first resolution or of a request, to any extent used or held for the purposes of the school to which the notice relates shall be deemed still to be so used or held at the incorporation date unless the authority have obtained the consent of the school board to any change in the purposes for which it is used or held.

(7) An education authority shall not, with the object of—

(a) preventing or restricting the operation of this section in relation to; or

(b) retaining, whether directly or indirectly, some control over,

any land or moveable property which would, in the event of a school’s becoming a self-governing school, fall to be transferred to the board of management of that school under this section, transfer, or enter into any transaction involving, any such land or moveable property.

(8) Schedule 8 to this Act, which makes provision in relation to the transfer and apportionment of assets, shall have effect.