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The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013

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Division and apportionment of property

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13.—(1) Any property, rights and liabilities of a transferor held or used or subsisting—

(a)for purposes wider than that of the school; or

(b)partly for the purposes of the school and partly for other purposes,

where the nature of the property, right or liability permits, is to be divided or apportioned between the transferor and the transferee, in such proportions as may be appropriate.

(2) Where any estate or interest in land falls to be divided in accordance with sub-paragraph (1)—

(a)any rent payable under a lease in respect of that estate or interest; and

(b)any rent charged on that estate or interest,

must be correspondingly divided or apportioned so that each part is payable in respect of, or charged on, only one part of the estate or interest and the other part or parts are payable in respect of, or charged on, only the other part or parts of the estate or interest.

(3) Any such property, right or liability as is mentioned in sub-paragraph (1) the nature of which does not permit its division or apportionment as so mentioned must be transferred to the transferee or retained by the transferor according to—

(a)in the case of an estate or interest in land, whether on the transfer date the transferor or the transferee appears to be in greater need of the security afforded by that estate or interest or, where neither of them appears to be in greater need of that security, which of them appears on that date to be likely to make use of the land to the greater extent; or

(b)in the case of any other right or liability, which of them appears on the transfer date to be likely to be affected by the right or liability to the greater extent,

subject (in either case) to such arrangements for the protection of the other person concerned as may be agreed between the transferor and the transferee or determined by the adjudicator under paragraph 15.

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