The Education (Foundation Body) (England) Regulations 2000

PART IV

Transfer of rights to use land

14.—(1) Where paragraph 3, 4, 5 or 11 applies to a school and any land held by a person or body other than a local authority was, immediately before the implementation date, used for the purposes of the school, any rights or liabilities—

(a)enjoyed or incurred by the local authority in connection with the use of the land, and

(b)subsisting immediately before the implementation date,

shall on that date be transferred to, and by virtue of these Regulations vest in, the trustees of the school or, if there are no trustees, the governing body.

(2) Where paragraph 6, 7, 9 or 12 applies to a school and any land held by a person or body other than the governing body of the school was, immediately before the implementation date, used for the purposes of the school, any rights and liabilities—

(a)enjoyed or incurred by the governing body in connection with the use of the land, and

(b)subsisting immediately before the implementation date,

shall on that date be transferred to, and by virtue of these Regulations vest in, the local education authority.

(3) Where paragraph 6, 7, 9 or 12 applies to a school and any land held by a person or body other than any foundation body which holds any land for the purposes of the school was, immediately before the implementation date, used for the purposes of the school, any rights or liabilities—

(a)enjoyed or incurred by any such foundation body in connection with the use of the land, and

(b)subsisting immediately before the implementation date,

shall on that date be transferred to, and vest in, the local education authority in accordance with a transfer agreement.

(4) Nothing in this paragraph applies in relation to land to which any of paragraphs 3 to 12 apply.

(5) In this paragraph—

• “transfer agreement” means an agreement—

  (a)

  made for the purposes of sub-paragraph (3) between the local education authority and the foundation body mentioned in that sub-paragraph, with the prior consent in writing of the governing body, and

  (b)

  providing for the rights or liabilities in question to be transferred to, and vest in, the authority on the implementation date, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.