Modifications etc. (not altering text)
C1Sch. 10: functions conferred by The Education (Inner London Education Authority) (Transfer of Functions) Order 1991 (S.I.1991/1457), arts. 2(b), 3
Sch. 10 applied (with modifications) (1.4.1999 in relation to s. 74 of the amending Act and 1.9.1999 in relation to Sch. 21 of the amending Act) by School Standards and Framework Act 1998 (c. 31), s. 74, Sch. 21 Pt. I para. 2(3) (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1, s. 74 ; S.I. 1999/2323, art. 2(1), Sch.
Power to amend conferred (1.2.1999) by School Standards and Framework Act 1998 (c. 31), s. 137(4)(a) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1 (with art. 4).
Sch. 10 applied (with modifications) (1.1.2001) by The Education (New Procedures for Property Transfers) Regulations 2000 (S.I. 2000/3209), regs. 5, 6, 7, Sch. 1
Sch. 10 modified (E.) (1.1.2001) by The Education (New Procedures for Property Transfers) Regulations 2000 (S.I. 2000/3209), regs. 15, 17, (with regs. 18, 19)
Sch. 10 modified (W.) (1.9.2001) by The Change of Category of Maintained Schools (Wales) Regulations 2001 (S.I. 2001/2678), reg. 16, Sch. 4 para. 2
2(1)It shall be the duty of the transferor and the Education Assets Board, whether before or after the transfer date, so far as practicable to arrive at such written agreements, and to execute such other instruments, as are necessary or expedient to identify or define the property, rights and liabilities transferred to the transferee or retained by the transferor or for making any such arrangements as are mentioned in paragraph 1(3) above and as will (in a case where the transferor is a [F1local authority])—
(a)afford to the transferor and the transferee as against one another such rights and safeguards as they may require for the proper discharge of their respective functions; and
(b)make as from such date, not being earlier than the transfer date, as may be specified in the agreement or instrument such clarifications and modifications of the effect of the provision of this Act [F2or of the Education Act 1996] under which the transfer is required on the property, rights and liabilities of the transferor as will best serve the proper discharge of the respective functions of the transferor and the transferee.
(2)Any such agreement shall provide so far as it is expedient—
(a)for the granting of leases and for the creation of other liabilities and rights over land whether amounting in law to interests in land or not, and whether involving the surrender of any existing interest or the creation of a new interest or not;
(b)for the granting of indemnities in connection with the severance of leases and other matters;
(c)for responsibility for registration of any matter in any description of statutory register.
Textual Amendments
F1Words in Sch. 10 para. 2 substituted (1.1.1994) by 1993 c. 35, s. 47(9) (with s. 155(11); S. I. 1993/3106, art. 4, Sch. 1 (with art. 5, Sch. 2) (amended by S.I. 1994/436, art. 2); which substitution is continued (1.11.1996) by 1996 c. 56, ss. 582(1), 583, Sch. 37 Pt. I para. 82(2)(c) (with ss. 1(4), 561, 562, Sch. 39) after the repeal of 1993 c. 35 by the aforementioned Act.
F2Words in Sch. 10 para. 2(1)(b) substituted (1.11.1996) by virtue of 1996 c. 56, ss. 582(1), 583, Sch. 37 Pt. I para. 82(2)(b) (with ss. 1(4), 561, 562, Sch. 39).
3(1)The Education Assets Board shall notify the Secretary of State if it appears to them that it is unlikely in the case of any matter on which agreement is required to be reached under paragraph 2(1) above that such an agreement will be reached.
(2)Where the Secretary of State has received a notification from the Board under sub-paragraph (1) above, he may, whether before or after the transfer date, give a direction determining that matter, and may include in the direction any provision which might have been included in an agreement under paragraph 2(1).
(3)Any property, rights or liabilities required by a direction under this paragraph to be transferred to the transferee shall be regarded as having been transferred to, and by virtue of this Act vested in, the transferee accordingly.
(4)The Secretary of State shall consult the transferor before giving a direction under this paragraph.
(5)The Education Assets Board shall give the Secretary of State such assistance and advice as he may require for the purpose of determining any matter under this paragraph.
Modifications etc. (not altering text)
C2Sch. 10 para. 3 superseded for specified purposes (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I paras.61-64; S.I. 1992/831, art. 2, Sch.1 (with art. 4).