The Education (London Residuary Body) (Transfer of Functions and Property) (No. 2) Order 1992

Explanatory Note

(This note is not part of the Order)

This Order gives partial effect, with modifications, to a scheme submitted by the London Residuary Body (“the LRB”) for its winding up and for the disposal of its remaining functions, property, rights and liabilities under the Education Reform Act 1988.

This Order also gives partial effect, with modifications, to proposals submitted by the LRB under the Local Government Act 1985 for the transfer of certain functions, property, rights and liabilities other than those connected with its functions, property, rights and liabilities under the Education Reform Act 1988.

Article 2 provides for the transfer of the interests of the LRB in all land vested in it other than the South Bank property (which consists, amongst other properties, of County Hall).

Article 3 provides for the transfer of property other than land.

Article 4 provides for the transfer of the LRB’s interests in charitable property. Interests acquired under or by virtue of the Education Reform Act 1988 go to Kensington and Chelsea. All other interests go to Bromley. Specific provision is made in relation to the Beaufoy Institute.

Article 5 transfers £1 million to Bromley for defraying expenditure incurred in consequence of the provisions of this Order. It also transfers £1,712,755 to the National Rivers Authority representing grant paid to the LRB under section 91 of the Land Drainage Act 1976 (c. 70) pursuant to section 42 of the Thames Barrier and Flood Prevention Act 1972 (c.xlv).

Article 6 transfers £230,000 to the council of the London Borough of Lambeth to be used for expenditure incurred in the running of the Beaufoy Institute. £500,000 is transferred to the LPFA to be used for defraying expenditure incurred on or in connection with functions, rights and liabilities vested in the LPFA by this Order and previous orders involving the transfer of compensation functions.

The LRB retains £1 million for defraying expenditure incurred by it on and after 1st October 1992 and £20.6 million for defraying expenditure incurred in respect of rights and liabilities conferred by the Rates and Precepts (Final Adjustments) Order 1991.

All other monies representing the LRB’s inner London revenue and capital accounts, with certain specified exceptions, go to Kensington and Chelsea.

Articles 7, 8 and 9 transfer to the LPFA the LRB’s functions, rights and liabilities in relation to staff compensation and superannuation, employer liability and employee claims for personal injury and damage to property which have not already transferred to the LPFA under the London Residuary Body (Transfer of Compensation Functions) Order 1991 or the Education (London Residuary Body) (Transfer of Compensation Functions) Order 1992.

Article 10 transfers the LRB’s residual property, rights and liabilities excluding the South Bank property, the Pits for the disposal of Waste at Stone, Dartford in Kent and those under the Rates and Precepts (Final Adjustments) Order 1991.

Article 11 transfers the LRB’s records to the council or body to whom the functions to which they relate are transferred. All remaining records vest in the Common Council of the City of London.

Article 12 transfers the LRB’s functions under the Education Reform Act 1988 to Kensington and Chelsea and all its remaining functions, with specified exceptions in the main relating to the South Bank property, to Bromley. Functions relating to the levying or the borrowing of money are excluded from transfer. The LRB may continue to exercise the functions transferred concurrently with Kensington and Chelsea and Bromley until 31 December 1992.

Articles 13 and 14 provide how Kensington and Chelsea and Bromley should apportion monies vested in, or realised by, them by virtue of this Order and how they should apportion expenditure which cannot be met from such monies.

Article 15 provides for continuity in the exercise of functions.

Article 16 provides for the Parliamentary Commissioner to investigate or continue to investigate complaints of maladministration by the LRB.

Article 17 provides for a mechanism for the handling of disputes and article 18 contains miscellaneous provisions.

Plans showing the land transferred may be inspected during normal office hours at the offices of the Council or body to which it is transferred by this Order.

Copies of the plans referred to in the definitions of “the Riverside Walk and Open Space in Upper Ground” and “the South Bank property” may be inspected during normal office hours at the Department of the Environment, 2 Marsham Street, London SW1 3EB and at the Greater London Records Office, 40 Northampton Road, London EC1R 0JU.

A copy of the scheme made by the Board of Education on 20th July 1909 under the Charitable Trusts Acts 1853 to 1894 may be inspected during normal office hours at Lambeth Education Department, Blue Star House, 234/244 Stockwell Road, London SW9 9SP.