Search Legislation

The Colleges of Education (Northern Ireland) Order 2005

Status:

This is the original version (as it was originally made).

This section has no associated Explanatory Memorandum

2.—(1) Subject to the following provisions of this Schedule, on the transfer date there shall be transferred to the governing body—

(a)all land and other property which, immediately before that date, was property of a relevant department held by that department for or in connection with the purposes of the college;

(b)all rights and liabilities subsisting immediately before that date which were acquired or incurred by a relevant department for or in connection with those purposes.

(2) Sub-paragraph (1) does not apply to—

(a)any right or liability under a contract of employment (which is dealt with in paragraph 3);

(b)any liability of a relevant department in tort where the cause of action accrued before the transfer date;

(c)any liability of a relevant department under a contract of indemnity in respect of acts committed before the transfer date;

(d)any property, right or liability excluded from that sub-paragraph by an order under sub-paragraph (3).

(3) The Department may, at any time before the transfer date, by order provide that any property, right or liability specified in the order shall be excluded from sub-paragraph (1).

(4) Where an order under sub-paragraph (3) provides that any land is excluded from sub-paragraph (1), the order may—

(a)create for a relevant department interests in or rights over land transferred under this paragraph;

(b)create for the governing body interests in or rights over land excluded by the order,

(c)create rights or liabilities between a relevant department and the governing body.

(5) Sub-paragraph (1) has effect in relation to property, rights and liabilities—

(a)despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict their transfer; and

(b)without any instrument or other formality being required.

(6) A certificate issued by the Department and stating that any land or other property specified in the certificate, or any right or liability so specified, was or was not transferred under this paragraph to the governing body shall be evidence for all purposes of that fact.

(7) A transfer or order under this paragraph does not give rise to any liability to stamp duty or stamp duty land tax.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources