PART VIIIADMINISTRATION AND FINANCE

Administration

Functions of boards in relation to land106 F1

1

A board may, with the approval of the Department but not otherwise, acquire, hold or dispose of land and shall if the Department so directs transfer to the Department any land held by it.

2

Where F5the Authority desires to acquire otherwise than by agreement any land which it considers necessary for the purposes ofF2 the Education Orders or which it considers is required for the purposes of a maintained school or for the purposes of a voluntary grammar schoolF3 in relation to which an agreement under paragraph 1(1) of Schedule 6 is in forceF2. . . , F5the Authority may apply to the Department for an order vesting such land in F5the Authority and the Department shall have power to make such an order and Schedule 6 to the [1972 c. 9 (N.I.)] Local Government Act (Northern Ireland) 1972 shall, subject to the modifications thereof specified in Part II of Schedule 16, apply for the purposes of the acquisition of land by means of a vesting order made under this paragraph in like manner as it applies to the acquisition of land by means of a vesting order made under that Act.

3

Where land acquired otherwise than by agreement for the purposes of a voluntary school is disposed of by F5the Authority to the trustees or Board of Governors of the school, the land shall vest in those trustees or Board of Governors subject to such conditions, including provision for the revesting of the land in F5the Authority in the event of the land not being, or not continuing to be, used or required for approved purposes of that school, as F5the Authority may, with the approval of the Department, determine.

4

Paragraphs (5) to (10) of Article 105 shall apply for the purposes of this Article as they apply for the purposes of that Article and in their application for the purpose of this Article—

a

references to the Department F4... shall be construed as including references to F5the AuthorityF4...;

b

references to that Article shall be construed as references to this Article.

5

The board shall not, under paragraph (1), dispose of any land gratuitously, or at either a price or rent other than the best obtainable, or on terms other than the best obtainable unless the approval of the Department is obtained.

6

The Department may empower F5the Authority to act on its behalf in the acquisition, holding or disposal of land and F5the Authority shall manage and maintain, and may provide any buildings required for the purposes ofF2 the Education Orders on, such land held by the Department as the Department may approve.

7

A board, notwithstanding that it is exercising functions on behalf of the Department under paragraph (6), shall be entitled to enforce any rights acquired and shall be liable in respect of any liabilities incurred (including liabilities in tort) in the exercise of those functions in all respects as if it were acting as principal, and all proceedings for the enforcement of such rights or liabilities shall be brought by or against F5the Authority in its own name.