Self-Governing Schools etc. (Scotland) Act 1989

42 Reduction of disposals of property by education authority

(1) Subject to the provisions of this section, a commissioner for school assets may apply to the Court of Session for—

(a) an order setting aside or varying any transfer of, or transaction involving, land or moveable property which has been effected by the education authority in contravention of section 36(7) of this Act; or

(b) damages in respect of—

(i) the value of any property so transferred; and

(ii) any loss incurred by the commissioner or the board of management as a result of the said contravention.

(2) An application under this section shall not be made—

(a) more than one year after the incorporation date; or

(b) in respect of a transfer or transaction effected—

(i) prior to 22nd November 1988;

(ii) more than five years before the date of the making of the application; or

(iii) subject to section 14(2) of this Act, after an education authority have received a notice under section 13(6) of this Act, either of a first resolution or of a request;

or

(c) other than in respect of a transfer or transaction involving land or moveable property in respect of which the commissioner for school assets has issued an interim certificate under section 41 of this Act.

(3) Where the court is satisfied that the education authority effected the transfer or transaction in contravention of section 36(7) of this Act it may make the order applied for or such other order as it thinks fit.

(4) Where the court makes an order under subsection (3) above, it may include in the order such terms and conditions as it thinks fit and may make any ancillary order which it considers expedient to ensure that the order is effective.

(5) The court shall not make an order under this section which would prejudice a party who acquired the land or moveable property—

(a) in good faith and for value; or

(b) from a party who had so acquired it.