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(1)This section applies if—
(a)an Academy order has effect in respect of a school, and
(b)the school is to be converted into an Academy.
(2)The Secretary of State may make a scheme (a “property transfer scheme”) in relation to property, rights or liabilities which are—
(a)held for the purposes of the school by a local authority or the school's governing body, and
(b)specified in, or determined in accordance with, the scheme.
(3)A property transfer scheme may not make provision in relation to—
(a)land, or rights or liabilities in respect of land (see Schedule 1), or
(b)property or rights to which section 7 applies.
(4)A property transfer scheme may provide for the transfer of property, rights and liabilities to the proprietor of the Academy.
(5)A property transfer scheme may—
(a)create rights, or impose liabilities, in relation to property, rights or liabilities transferred by virtue of the scheme;
(b)provide for anything done by or in relation to the current owner in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the transferee;
(c)apportion property, rights and liabilities;
(d)make provision about the continuation of legal proceedings.
(6)The things that may be transferred by a property transfer scheme include—
(a)property, rights and liabilities that could not otherwise be transferred;
(b)property acquired, and rights and liabilities arising, after the making of the scheme.
(7)A transfer by virtue of a property transfer scheme does not affect the validity of anything done by or in relation to the current owner before the transfer takes effect.
(8)A property transfer scheme may include incidental, consequential, supplemental and transitional provision.
(9)In this section “the current owner” means the person by whom the property is held, or in whom the rights or liabilities are vested, immediately before the transfer to be effected by a property transfer scheme takes effect.
(10)A transfer made by virtue of a property transfer scheme is binding on all persons even if, apart from this subsection, it would have required the consent or concurrence of any person.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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