The Education (London Residuary Body) (Transfer of Property etc.) Order 1994

• Citation: S.I. 1994/580
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Education (London Residuary Body) (Transfer of Property etc.) Order 1994 and shall come into force on 29th March 1994.

(2) In this Order—

“the 1991 Order ” means the London Government Reorganisation (Capital Money) (Greater London) Order 1991 ; and

“the 1992 Order ” means the Education (London Residuary Body) (Transfer of Functions and Property) ( No. 2) Order 1992 .

Section 2 Transfer of property, rights and liabilities

On 31st March 1994 —

(a) the rights and liabilities conferred or imposed on the London Residuary Body by the Rates and Precepts (Final Adjustments) Order 1991

(b) so much of the sum mentioned in article 6(5)(b) of the 1992 Order as has not been applied as mentioned in that sub-paragraph; and

(c) all monies representing the London Residuary Body’s inner London revenue and capital accounts

shall vest in the council of the Royal Borough of Kensington and Chelsea.

Section 3 Amendment of the 1991 Order

Article 4 of the 1991 Order (distribution of capital money) shall be amended —

(a) by the insertion of the following paragraph after paragraph (2)—

(2A) On or before 31st March 1994, the Residuary Body shall pay £6,469,847.36 of capital money of the description specified in article 3(1)(c) above in the following manner—

(a) to each billing authority which is an outer London borough council, the appropriate proportion; and

(b) to the council of the Royal Borough of Kensington and Chelsea, the aggregate of the appropriate proportions in respect of billing authorities which are inner London borough councils and the Common Council of the City of London.

(b) in paragraph (3)(b), by substitution of the words “paragraphs (2)(b) and (2A)” for the words “paragraph (2)(b)”.

Section 4 Amendment of the 1992 Order

(1) The 1992 Order shall be amended in accordance with the following provisions of this article.

(2) In article 1, paragraph (5) (meaning of “appropriate proportion”) shall be deleted.

(3) In article 13 (apportionment of receipts and expenditure of Kensington and Chelsea) —

(a) in paragraph (1) —

(i) the words “this Order or the Education (London Residuary Body) (Transfer of Property etc.) Order 1994”, shall be substituted for the words “this Order and”;

(ii) the words “those Orders” shall be substituted for the words “this Order” (in the second place where they occur); and

(iii) the words “and the sum paid to Kensington and Chelsea by virtue of article 4(2A)(b) of the Local Government Reorganisation (Capital Money) (Greater London) Order 1991”shall be inserted after the words “article 2(1)(e))”, and

(b) in paragraph (8) —

(i) the word “and” at the end of sub-paragraph (a) shall be deleted; and

(ii) the following shall be added after sub-paragraph (b)

and

(c) expenditure incurred in respect of the rights and liabilities transferred by article 2(a) of the Education (London Residuary Body) Transfer of Property etc.) Order 1994.

(9) In this article, “the appropriate proportion”, in relation to an inner London council or the Common Council in any financial year, means the proportion which the council tax base of that council for that financial year bears to the aggregate of the council tax bases of all the inner London councils and the Common Council for that financial year; and, for these purposes, “council tax base” means the amount calculated by such a council as their council tax base for a financial year in accordance with the rules for the time being effective (as regards the financial year) under regulations made by the Secretary of State under section 33(5) of the Local Government Finance Act 1992.

(10) The other inner London councils and the Common Council shall notify Kensington and Chelsea of their council tax base for a financial year; and such a notification shall be made—

(a) in the case of the financial year beginning on 1st April 1994, not later than 1st May 1994; and

(b) in the case of a financial year beginning on or after 1st April 1995, within the period beginning on 1st December and ending on 31st January in the preceding financial year.