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The Education (Northern Ireland) Order 1987

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This is the original version (as it was originally made).

Transfer of property

4.—(1) The Department of Health and Social Services, with the approval of the Department, may enter into an agreement with a board for the transfer to the board of—

(a)any real or personal property situated in the area of the board which immediately before 1st April 1987 was held by the Department of Health and Social Services wholly or partly for the purposes of transferred functions; and

(b)any rights and liabilities to which the Department of Health and Social Services was entitled or subject immediately before that date in relation to, or in connection with, any such property.

(2) A health and social services board may enter into an agreement with a board for the transfer to the board of—

(a)any personal property situated in the area of the board which immediately before 1st April 1987 was held by the health and social services board wholly or partly for the purposes of transferred functions; and

(b)any rights and liabilities to which the health and social services board was entitled or subject immediately before that date in relation to, or in connection with, any such property.

(3) An agreement under sub-paragraph (1) or (2) may include provision for the transfer to a board of property held on trust by the Department of Health and Social Services or a health and social services board.

(4) Where any property held on trust is transferred to a board by an agreement under sub-paragraph (1) or (2), it shall be held by the board on trust for such purposes relating to services provided by the board as the board thinks fit; but in exercising its discretion under this sub-paragraph the board shall secure, as far as is reasonably practicable, that the objects of the trust are not prejudiced.'

(5) Stamp duty shall not be chargeable on any instrument or other document executed for the purposes of transferring property to a board under this paragraph.

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