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Self-Governing Schools etc. (Scotland) Act 1989

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43 Prevention of disposals of property by education authority.S

(1)Subject to the provisions of this section and to section 14(2) of this Act, an education authority who have received a notice from a school board under section 13(6) of this Act, either of a first resolution or of a request, shall not, until one of the conditions specified in subsection (2) below is satisfied as regards the school—

(a)dispose of; or

(b)enter into any agreement or unilateral obligation with respect to,

any land or moveable property which is used or held by the authority wholly or partly for the purposes of that school.

(2)The conditions mentioned in subsection (1) above are that—

(a)the authority have obtained the prior consent of the school board; or

(b)in a case where the notice received was of a first resolution, forty-six days have passed since the date of that resolution without the education authority having received written notice, under subsection (6) of section 13 of this Act, of a second resolution; or

(c)the result of a ballot held in accordance with section 14 of this Act is not as is mentioned in subsection (1) of section 16 of this Act and two weeks have thereafter passed without the Secretary of State having declared the ballot void under section 15(1) of this Act; or

(d)proposals published in accordance with subsection (2) of the said section 16 are either rejected by the Secretary of State or are withdrawn without a requirement being imposed under section 18(2) of this Act.

(3)Subsection (1) above does not apply to any disposal made under—

(a)an agreement entered into; or

(b)a unilateral obligation executed and intimated to the beneficiary,

before the receipt by the authority of the notice mentioned in subsection (1) above.

(4)This section has effect notwithstanding anything in section 74 of the 1973 Act (general power to dispose of land) or in any other enactment; and the consent required by this section shall be in addition to the consent required by subsection (2) of that section or by any other enactment.

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