Section 8 Transfer schemes: other property, rights and liabilitiesI1

England and Wales

(1)

This section applies if—

(a)

an Academy order has effect in respect of a school, and

(b)

the school is to be converted into an Academy.

(2)

F1The Secretary of State may make a scheme (a “transfer scheme”) in relation to—

(a)

property used or held for the purposes of the school by a local authority or the school's governing body, and

(b)

rights and liabilities (including rights and liabilities in relation to staff) of the local authority or the governing body which were acquired or incurred for the purposes of the school.

(3)

A F2transfer scheme may not make provision in relation to—

(a)

land, or rights or liabilities in respect of land (see Schedule 1), or

(b)

property or rights to which section 7 applies.

(4)

A transfer scheme may provide for the transfer of property, rights and liabilities to F3a person concerned with the running of the Academy.

(5)

A transfer scheme may—

(a)

create rights, or impose liabilities, in relation to property, rights or liabilities transferred by virtue of the scheme;

(b)

provide for anything done by or in relation to the current owner in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the transferee;

(c)

apportion property, rights and liabilities;

(d)

make provision about the continuation of legal proceedings.

(6)

The things that may be transferred by a transfer scheme include—

(a)

property, rights and liabilities that could not otherwise be transferred;

(b)

property acquired, and rights and liabilities arising, after the making of the scheme.

(7)

A transfer by virtue of a transfer scheme does not affect the validity of anything done by or in relation to the current owner before the transfer takes effect.

(8)

A transfer scheme may include incidental, consequential, supplemental and transitional provision.

(9)

In this section “ the current owner ” means the person by whom the property is held, or in whom the rights or liabilities are vested, immediately before the transfer to be effected by a transfer scheme takes effect.

(10)

A transfer made by virtue of a transfer scheme is binding on all persons even if, apart from this subsection, it would have required the consent or concurrence of any person.

Annotations

Textual amendments

F1: S. 8(2) substituted (1.2.2012) by Education Act 2011 (c. 21) , ss. 59(2) , 82(3) ; S.I. 2012/84 , art. 3
F2: Words in s. 8(3)-(10) substituted (1.2.2012) by Education Act 2011 (c. 21) , ss. 59(3) , 82(3) ; S.I. 2012/84 , art. 3
F3: Words in s. 8(4) substituted (1.2.2012) by Education Act 2011 (c. 21) , ss. 59(4) , 82(3) ; S.I. 2012/84 , art. 3
F4: S. 8 heading substituted (1.2.2012) by Education Act 2011 (c. 21) , ss. 59(5) , 82(3) ; S.I. 2012/84 , art. 3

Commencement

I1: S. 8 in force at 29.7.2010 by S.I. 2010/1937 , art. 2 , Sch. 1

Notes on the whole Act

Textual amendments

F1: Ss. 1A-1D inserted (1.2.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Education Act 2011 (c. 21), ss. 53(7), 82(3); S.I. 2012/84, art. 3; S.I. 2012/924, art. 2