The Education (London Residuary Body) (Property Transfer) (No. 3) Order 1991

• Citation: S.I. 1991/1787
• Sections: 7

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Education (London Residuary Body) (Property Transfer) (No. 3) Order 1991 and shall come into force on 1st September 1991.

(2) In this Order–

“the LRB ” means the London Residuary Body; and

“the transfer date” means 1st September 1991.

(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.

Section 2 Transfer of land etc.

(1) Subject to paragraphs (3) and (4) 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 or body 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.

(4) The LRB shall remain entitled to any rent due in respect of the land referred to in column (2) of Part I of the Schedule to this Order as “Site for proposed new primary school, Moxon Street/Cramer Street W1” for any period prior to the transfer date, and may commence or continue any claim or proceeding in respect of such rent.

Section 3 Records relating to land transferred

(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 or body 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) or relating to any rent or claim or proceeding referred to in article 2(4).

Section 4 Condition imposed on transfer

(1) 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.

Section 5 General transfer of property other than land

(1) Where an interest in land vests by virtue of article 2 in any council or body, 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 or body.

(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 or body 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 or body 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.

Section 6 Continuity etc.

(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 or body (“the transferee”) to which such matters are transferred.

(2) Subject to article 2(3) and (4), 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.

Section 7 Enforcement

The LRB shall enforce, subject to any directions given by the Secretary of State, compliance with the condition imposed by article 4(1) in relation to property transferred pursuant to article 2(1).