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The Education Reform(Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

Vesting of surplus assets

84.—(1) Subject to paragraph (2), all school property of a grant-maintained integrated school under, or formerly under, the management of a Board of Governors in liquidation which has not been transferred under an order made under Article 82 shall, by virtue of this paragraph, be transferred to and vest in the Department on the dissolution date.

(2) Where the Department is satisfied as to the whole or any part of any such school property that it ought to be transferred to a board or any other person, the Department may by order made before the dissolution date vest that property in that board or person on the dissolution date, either beneficially or to be held on such trusts as the Department may specify.

(3) Without prejudice to the power of the Department under paragraph (2), any transfer of property under this Article shall be free of any trusts on which property is held before the transfer.

(4) Where land in respect of which a direction was given under Article 75(5) is vested in the Department, a board or any other person under this Article, there shall be payable by the Department, that board or that person (as the case may be) to the trustees from whom the land in question was transferred such an amount as the Department determines to be a fair consideration for the transfer of the property.

(5) Where—

(a)any school premises are vested under paragraph (2) in a board; and

(b)any person subsequently acquires those premises or any part of them from that board (whether compulsorily or otherwise),

the Department may require the board to pay to it the whole or any part of the consideration or purchase money paid in respect of the acquisition to meet, or contribute towards, the amount of grants paid by the Department under Article 82(4) to the Board of Governors of the school.

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