SCHEDULES
SCHEDULE 21 Transfers of land on appointed day
Part II Rules relating to transfers
Transfer of rights to use land
9
1
Where paragraph 4, 5, 6 or 7 applies to an existing school and any land held by a person or body other than the governing body of the school was, immediately before the appointed day, used for the purposes of the school, any rights or liabilities—
a
enjoyed or incurred by the governing body in connection with the use of the land, and
b
subsisting immediately before the appointed day,
shall on that day be transferred to, and by virtue of this Act vest in, the F1local authority (in a case to which paragraph 4 or 7 applies) or the foundation body (in a case to which paragraph 5 or 6 applies).
2
Where paragraph 4 or 7 applies to an existing school and any land held by a person or body other than any trustees who hold any land for the purposes of the school was, immediately before the appointed day, used for the purposes of the school, any rights or liabilities—
a
enjoyed or incurred by any such trustees in connection with the use of the land, and
b
subsisting immediately before the appointed day,
shall on that day be transferred to, and vest in, the F1local authority in accordance with a transfer agreement.
3
Nothing in this paragraph applies in relation to land to which paragraph 4, 5, 6 or 7 applies.
4
In this paragraph—
“existing school” has the meaning given by paragraph 4, 5, 6 or 7, as the case may be;
“transfer agreement” means an agreement—
- a
made for the purposes of sub-paragraph (2) between the F1local authority and the trustees mentioned in that sub-paragraph, and
- b
providing for the rights or liabilities in question to be transferred to, and vest in, the authority on the appointed day, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.
- a