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Self-Governing Schools etc. (Scotland) Act 1989

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Self-Governing Schools etc. (Scotland) Act 1989, Section 41 is up to date with all changes known to be in force on or before 19 January 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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41 Disposal of land or moveable property by education authority prior to incorporation date.S

(1)Where it appears to the commissioner for school assets appointed in respect of any school, whether before or after the incorporation date, that the education authority have—

(a)removed or withdrawn from the school any moveable property; or

(b)transferred, or entered into a transaction involving, any land or moveable property,

which in the opinion of the commissioner would transfer or, as the case may be, would have transferred to the board of management of that school on that date under section 36 of this Act, he shall refer the matter to the Secretary of State.

(2)Where a matter is referred to the Secretary of State under subsection (1) above, he shall, after taking such advice from the commissioner as he may require, consult—

(a)the education authority; and

(b)any third party having an interest in the land or moveable property,

and shall thereafter make a determination as to what, if any, of the land or moveable property mentioned in the referral should transfer or, as the case may be, should have transferred to the board of management on the incorporation date.

(3)Where the Secretary of State has made a determination under subsection (2) above that property should or, as the case may be, should have transferred the commissioner for school assets—

(a)shall issue an interim certificate complying with that determination; and

(b)may take such action as appears to him to be appropriate against the education authority under section 42, 44, 45, 46 or 47 of this Act.

(4)An interim certificate issued under subsection (3) above shall specify the land or moveable property which should transfer or, as the case may be, should have transferred to the board of management.

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