LegalizeThe Education (London Residuary Body) (Property Transfer) (No. 4) Order 1991
Made: 9th December 1991
Laid before Parliament: 10th December 1991
Coming into force: 1st January 1992
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 187(5) and (6), 231(2) and (3) and 232(5) of the Education Reform Act 1988 and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation, commencement and interpretation
1
- (1) This Order may be cited as the Education (London Residuary Body) (Property Transfer) (No. 4) Order 1991 and shall come into force on 1st January 1992.
- (2) In this Order–
- “the LRB” means the London Residuary Body; and
- “the transfer date” means 1st January 1992.
- (3) Unless the context otherwise requires, any reference in this Order to a numbered article is a reference to the article of this Order so numbered.
Transfer of land etc.
2
- (1) Subject to paragraph (3) below, on the transfer date all interests, rights and liabilities of the LRB in the land specified in column (2) of Part I of the Schedule to this Order shall vest in the London borough council specified opposite thereto in column (1) of that Part.
- (2) On the transfer date all interests, rights and liabilities of the LRB in the land specified in Part II of the Schedule to this Order shall vest in the London borough council in whose area such land is situated.
- (3) The LRB shall remain entitled to any refund of rates payable in relation to any such land referred to in paragraph (1) above for any period prior to 1st April 1990 and may continue any appeal in respect of any assessment in respect of any such period.
Records relating to land transferred
3
- (1) Subject to paragraph (2) below, on the transfer date all records held by the LRB relating exclusively to interests, rights and liabilities in land transferred by article 2 shall vest in the council to which such interests are so transferred.
- (2) The LRB shall remain entitled to retain custody of records relating to any appeal referred to in article 2(3).
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.
General transfer of property other than land
5
- (1) Where an interest in land vests by virtue of article 2 in any council, any property in or on the land, being property held by the LRB for the purposes of any of its functions, shall vest in that council.
- (2) Paragraph (1) above applies–
- (a) to property used or intended to be used exclusively for the discharge of functions on any land, and which is kept elsewhere when not in use;
- (b) to vehicles and other mobile equipment which are normally kept on any land; and
- (c) to property which is normally kept in or on land and which is immediately before the transfer date on loan from the LRB to another person or body,
as it applies to property in or on that land.
- (3) The reference in paragraph (1) above to the vesting of any property shall be construed as including a reference to the vesting of rights and liabilities of the LRB in respect of any agreement for the hire or use by, or deposit with, the LRB of any such property.
- (4) On the transfer date all records held by the LRB relating exclusively to property transferred by this article shall vest in the council to which such property is so transferred.
- (5) Any vehicle licence, operator’s licence, road service licence, plating certificate or other document issued in respect of any vehicle the property in which is transferred by this article shall have effect as if it had been issued to the council to whom property in such vehicle is transferred (“the transferee”) and any reference to the LRB or ILEA in any registration book or other document issued in respect of such a vehicle shall have effect as a reference to the transferee.
Continuity etc.
6
- (1) All contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given, or have effect as if given, by, or to, the LRB in respect of any property, rights or liabilities (“transferred matters”) transferred by this Order shall be of full force and effect in favour of, or against, the council (“the transferee”) to which such matters are transferred.
- (2) Subject to article 2(3), any action or proceeding, or any cause of action or proceeding, pending or existing at the transfer date by or against the LRB and in respect of any transferred matters may be continued, prosecuted and enforced by or against the transferee.
Enforcement
7
The LRB shall enforce, subject to any directions given by the Secretary of State, compliance with the conditions imposed by article 4 in relation to property transferred pursuant to article 2(1).
THE SCHEDULE — TRANSFER OF LAND
PART I
| (1) | (2) |
|---|---|
| Transferring to | Description |
| Council of the London Borough of Greenwich | Greenwich Park Upper School Extension site, King George Street, SE10 |
| Council of the London Borough of Hackney | Bow Common Lane Annex, 190 Bow Common Lane, E3 Former New River School, Clissold Road, N16 |
| Council of the London Borough of Hammersmith and Fulham | Bryony Buildings, Bryony Road, W12 |
| Council of the London Borough of Islington | Block A, former Barnsbury School, Liverpool Road, N1 York Way Youth Club, York Way, N1 |
| Council of the London Borough of Lewisham | Christ Church Church of England School southern site extension and north-eastern site extension, Perry Vale, SE23 |
| Council of the London Borough of Tower Hamlets | The Kirtland Centre, 103 Coborn Street, N3 |
| Council of the London Borough of Wandsworth | 9 Rushleigh, 32 Thurleigh Road, SW12 |
PART II
| Description | Approximate area in square metres |
|---|---|
| In the London Borough of Greenwich | |
| Land at rear of 51–53 (odd) Red Lion Lane, SE18 | 325 |
| Land at Inverary Place Old Mill Road, SE18 | 370 |
| Land adjacent to 31 Belford Grove, SE 18 | 75.6 |
| In the London Borough of Islington | |
| Land in Hornsey Lane, N19 | 234 |
| Land in Blackstock Road, N4 | 52 |
| Three pieces of land at corner of Coleman Fields, N1 | a 6.93 b 12.8 c 13.4 |
| Land in Upper Street, N1 | 66.4 |
| Land in Half Moon Crescent, N1 | 46.4 |
| Land at corner of Geary Street and George’s Road, N7 | 1.75 |
| Land at corner of Playford Road and Lennox Street, | 22.2 |
| In the Royal Borough of Kensington and Chelsea | |
| Land in South Bolton Gardens, SW5 | 120.9 |
| Two pieces of land at junction of Manresa Road and Kings Road, SW3 | a 90 b 236 |
| In the London Borough of Lambeth | |
| Land in Elm Park, SW2 | 1005 |
| Land in Claverdale Road, SW2 | 2377 |
| Part of Spring Gardens, SE11 | 1138 |
| Land at junction of Kennington Park Gardens and Otto Street, SE17 | 273.9 |
| Land in Smedley Street, SW8 | 176.5 |
| Two pieces of land in Park Hill, SW4 | a 19.5 b 11.9 |
| Land in Argyll Close, SW9 | 74.6 |
| Two pieces of land in Dorset Road, SW8 | a 7.6 b 2.1 |
| Land at the rear of 7 Combermere Road, SW9 | 18.2 |
| In the London Borough of Lewisham | |
| Land at the rear of 15–17 Thorpewood Avenue, SE26 | 198 |
| In the London Borough of Merton | |
| Land in Cannon Hill Lane, SW20 | 885 |
| In the London Borough of Southwark | |
| Land in Rolls Road and Marlborough Grove, SE1 fronting Everline Lowe Primary School | 650 |
| Land at corners of– a Goodrich Road and Upland Road and | 2.25 |
| b Goodrich Road and Dunstan’s Road | 1.65 |
| Land at corner of Tower Bridge Road and Webb Street, SE1 | 34.2 |
| Land in Unwin Close, SE15 | 67.2 |
| Land in Kintore Way, SE10 | 123 |
| Land in The Cut, SE1 | 226 |
| Land in the Old Kent Road, fronting Southwark College, SE17 | 31.6 |
| Five pieces of land at corners of Scott Lidgett School, SE16 | a 4.95 b 3.99 c 7.00 d 5.40 e 4.50 |
| Land at corner of Choumert Grove and Choumert Road, SE15 | 13.3 |
| Land at corner of Shorncliffe Road and Albany Road, SE1 | 3.75 |
| Land at corner of East Surrey Grove and Commercial Way, SE15 | 2.2 |
| Land at corner of Cator Street and Commercial Way, SE15 | 6 |
| Land in Bellenden Road, SE15 | 19.6 |
| Land at corner of Long Lane and Crosby Row, SE1 | 74 |
| Land in Long Lane, SE1 | 83 |
| Land to rear of Comber Grove Primary School, SE5 | 33.2 |
| Land at corner of Crawford Road and Morna Road, SE5 | 5.3 |
| Land at corner of Morna Road and Valmer Road, SE5 | 5.2 |
| Lane between Colmore Mews and Wood’s Road, SE15 | 272 |
| Land in highway south of Joseph Lancaster Primary School, SE1 | 197 |
| Land at entrance to William Penn School, SE24 | 46.3 |
| Land in Peckham Road, SE15 | 56 |
| Land at corner of Bellenden Road and Ophir Terrace, SE15 | 2.1 |
| Three pieces of land in Peckham High Street and Bellenden Road, SE15 | a 92.3 b 104 c 85.8 |
| In the London Borough of Tower Hamlets | |
| Land adjacent to Virginia Primary School, E2 | 29 |
| Three pieces of land in Vaughan Way, E1 | a 125 b 37.9 c 47.3 |
| Land in Back Church Lane, E1 | 9 |
| Land at corner of Back Church Lane and Fairclough Street, E1 | 37.1 |
| Land at corner of Fairclough Street and Henriques Street, E1 | 12.8 |
| In the London Borough of | |
| Land in Este Road, SW11 | 593 |
| Land at rear of 337–345 Battersea Park Road, SW11 | 255 |
| Land in Ravenstone Street, SW12 | 14 |
| Land at corner of Merton Road and Replingham Road, SW18 | 24.5 |
| In the City of Westminster | |
| Land in Thorngate Road, W9 | 74 |
| Land in Lupus Street, SW1 | 562 |
| Land at corner of Bessborough Street and Bessborough Place, SW1 | 5.5 |
| Land in Inverness Terrace and Porchester Gardens, W2 | 1213 |
| Land adjacent to 262 Randolph Avenue, W9 | 40.5 |
| Land in Monmouth Road, W2 | 474 |
Signed
Kenneth Clarke — Secretary of State for Education and Science — 9th December 1991
Explanatory note
(This note is not part of the Order)
This Order makes provision for the transfer to specified London borough councils of certain property, rights and liabilities originally transferred to, or held, acquired or incurred by the London Residuary Body (“the LRB”) by virtue of, or in the exercise of any of its functions under, Part III of the Education Reform Act 1988 (“the 1988 Act”).
The Order gives effect with modifications to proposals made by the LRB in respect of such transfers pursuant to section 187(2) of the 1988 Act.
Land transferred pursuant to article 2(1) may not be disposed of within 20 years without the consent in writing of the Secretary of State (article 4(1)). Certain specified land must be brought into educational use within a specified time or be sold (article 4(4) and (5). The LRB is made responsible for enforcing such conditions (article 7).
Plans showing the land transferred pursuant to article 2 may be inspected during normal office hours at the offices of the London Residuary Body, Globe House, 4 Temple Place, London WC2R 3HP.
Footnotes
[^f00001]: 1988 c. 40.
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