The Education (London Residuary Body) (Property Transfer) (No. 4) Order 1991

Condition imposed on transfer

4.—(1) Subject to paragraph (3) below, land transferred pursuant to article 2(1) is subject to the condition that it or any interest in it shall not be disposed of within 20 years of the transfer date without the consent in writing of the Secretary of State.

(2) In giving his consent the Secretary of State may impose conditions regarding the payment of all or part of the consideration for any such disposal, in such proportions as he may direct, to any or all of the councils of the inner London boroughs and (in their capacity as a local authority) the Common Council of the City of London.

(3) Paragraph (1) above does not apply to a disposal required by paragraph (4) or (5) below.

(4) York Way Youth Club, York Way N1; the former New River School, Clissold Road, N16; and the Greenwich Park Upper School Extension site, King George Street, SE10 are in each case transferred subject to the condition that the land is to be brought into use wholly or mainly for the purposes of the transferee council’s functions as the local education authority for their area by 1st January 1995 and that, if it is not so brought into use, it is to be disposed of and the proceeds of sale after deduction therefrom of a sum equal to the aggregate amount of any capital expenditure incurred since 1st January 1992 in relation to the land by the transferee and of any expenditure so incurred in connection with the disposal of the land, are to be divided between the councils of the inner London boroughs and (in their capacity as a local authority) the Common Council of the City of London in proportion to their populations of children of compulsory school age, based on the most recent returns to the Department of Education and Science available at the time of completion of the sale.

(5) Christ Church Church of England southern site extension and north-eastern site extension are transferred subject to the following conditions–

(a) if the north-eastern site extension is brought into use wholly or mainly for the purposes of the transferee council’s functions as the local education authority for their area by 1st January 1995 the southern site extension is to be disposed of; and

(b) if the north-eastern site extension is not so brought into use it is to be disposed of.

(6) The proceeds of sale of a disposal under paragraph (5) above are to be distributed in accordance with paragraph (4) above.