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The Education Reform (Northern Ireland) Order 1989
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The Education Reform (Northern Ireland) Order 1989, Section 83 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- art. 13(3)(b) words repealed by S.I. 2015/2006 (N.I.) Sch. 12 Pt. 1
Transfer of school propertyN.I.
83.—(1) Where a proposal under Article 14 of the principal Order that a new school be established on the premises of a grant-maintained integrated school under the management of a Board of Governors in liquidation has been approved by the Department, then—
(a)if the new school is to be a controlled school, an order under Article 82 may vest the school property, or any part of it, in [F1the Authority] F2...;
(b)if the new school is to be a voluntary school, an order under Article 82 may vest the school property, or any part of it, in persons specified in the order to be held on trust for the purposes of the new voluntary school.
(2) Where a person proposes to establish a new independent school on the premises of a grant-maintained integrated school under the management of a Board of Governors in liquidation, an order under Article 82 may vest the school property, or any part of it, in that person.
(3) The vesting in [F3the Authority or any other person] under paragraph (1) or (2) of—
(a)any of the school property of a grant-maintained integrated school which was a controlled school immediately before it became a grant-maintained integrated school; or
(b)land in respect of which a direction was given under Article 75(5);
shall be subject to the payment by [F3the Authority or that person] of such an amount as the Department determines to be a fair consideration for the transfer of the property.
(4) In a case within paragraph (3)(a) the consideration is payable to [F1the Authority] F4... and in a case within paragraph (3)(b) the consideration is payable to the trustees from whom the land mentioned in that sub-paragraph is transferred.
(5) Where school property is held on trust for the purposes of a grant-maintained integrated school, an order made under Article 82 by virtue of paragraph (1) or (2) may vest the property in [F1the Authority] or [F5a person] beneficially or on such trusts as appear to the Department to be appropriate.
(6) Where an order is made under Article 82 by virtue of paragraph (1) or (2) that order may provide for the transfer to [F1the Authority] or [F6the person] to whom any school property is transferred of such of the liabilities of the Board of Governors in liquidation as may be specified in the order.
F1Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)
F2Words in art. 83(1)(a) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F3Words in art. 83(3) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 11(7)(a) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F4Words in art. 83(4) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F5Words in art. 83(5) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 11(7)(b) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F6Words in art. 83(6) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 11(7)(c) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
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