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Self-Governing Schools etc. (Scotland) Act 1989

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Commencement Orders yet to be applied to the Self-Governing Schools etc. (Scotland) Act 1989

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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

[F1 Identification of land, moveable property, liabilities and obligationsS

1(1)The education authority and the commissioner for school assets appointed in respect of a school shall, whether before or after the incorporation date, so far as practicable arrive at such written agreements, and execute such other instruments, as are necessary or expedient—S

(a)to identify or define the land, moveable property, liabilities and obligations transferred to and vested in the board of management under section 36 of this Act; or

(b)for making any arrangements such as are mentioned in paragraph 2(2) below as will afford to the authority and the board as against each other such rights and safeguards as they may require for the proper discharge of their respective functions.

(2)Any such agreement shall provide so far as is expedient—

(a)for the creation of interests in land or land obligations, whether involving the surrender of any existing interest or obligation or the creation of a new interest or obligation, and whether in favour of or incumbent on the education authority or the board of management; and

(b)for the granting of indemnities.

(3)An education authority shall supply a commissioner for school assets with such information, including all deeds relating to interests in land and land obligations, as he may require in the exercise of his functions.

2(1)The land, moveable property, liabilities and obligations mentioned in section 36(2) or (3) of this Act shall, where their nature permits, be divided or apportioned between the education authority and the board of management in such proportions as may be appropriate.S

(2)Any land, moveable property, liability or obligation the nature of which does not permit its division or apportionment shall be transferred to the board of management or retained by the education authority according to—

(a)in the case of land, which of the education authority or the board of management appear, as at the incorporation date, to be likely to experience the greater practical difficulty through not having possession of that land or, where neither of them appear likely to experience such difficulty to a greater extent than the other, which of them appear on that date to be likely to make use of the land to the greater extent; or

(b)in the case of any moveable property or of any liability or obligation, which of them appear on the incorporation date to be likely to make use of the property or, as the case may be, to be affected by the liability or obligation to the greater extent,

subject (in either case) to such arrangements for the protection of the other party as may be agreed between the education authority and the commissioner for school assets or determined by the Secretary of State under paragraph 5 below.

(3)Where any land falls to be divided under sub-paragraph (1) above—

(a)any rent payable under a lease in respect of that land, and

(b)any rent charged on that land;

shall be correspondingly divided or apportioned so that one part of any such rent is payable in respect of, or charged on, only one part of the land and the other part is payable in respect of, or charged on, only the other part of the land.]

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