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Self-Governing Schools etc. (Scotland) Act 1989

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39 Certificates in respect of land, moveable property etc.S

(1)A commissioner for school assets appointed in respect of a school shall, in accordance with this section, from time to time issue certificates specifying land, moveable property, liabilities and obligations which are to transfer or have transferred to the board of management from the education authority under section 36 of this Act, and which have been identified in—

(a)any agreement reached in that regard between a commissioner and the authority under paragraph 1 of Schedule 8 to this Act;

(b)any determination made by the Secretary of State under paragraph 5(2) of the said Schedule 8; or

(c)any order made by the court under section 42 or 45 of this Act.

(2)The commissioner shall issue separate certificates in respect of—

(a)land; and

(b)all moveable property and any liabilities and obligations other than those relating to land.

(3)Subject to section 8 of the M1Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (which relates to the rectification of documents defectively expressed), a certificate issued under this section shall be conclusive evidence of the matters specified therein.

(4)A certificate issued under this section in respect of land may, where appropriate, be recorded in the Register of Sasines and shall be treated, for the purposes of—

(a)the M2Prescription and Limitation (Scotland) Act 1973, as a deed sufficient in respect of its terms to constitute in favour of the board of management a title to an interest in land; and

(b)any enactment relating to the conveyance of land, as such a conveyance.

(5)A commissioner for school assets appointed in respect of a school or, where the commissioner’s appointment has been terminated, the board of management of that school shall not, without the prior consent of the Secretary of State, apply to the court under the said section 8 for the rectification of any certificate issued by the commissioner under this section.

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