Section 44 Wrongful contracts.C1

England and Wales

C2(1)

This section applies where—

(a)

proposals for acquisition of grant-maintained status in respect of a school have been approved, and

(b)

a local authority have entered into a contract to which section 43 of this Act applies in contravention of that section.

(2)

The Education Assets Board may by notice in writing served on the other party to the contract repudiate the contract at any time before it is performed.

(3)

A repudiation under subsection (2) above shall have effect as if—

(a)

where it is made after the date of implementation of the proposals, the local authority (and not the governing body) were party to the contract, and

(b)

the repudiation were made by the local authority.

Annotations

Modifications

C1: Ss. 40-46 applied (with modifications) (1.4.1994) by S.I. 1994/653, regs. 2(2), 11
C2: S. 44(1)(3) modified (1.1.1994) by S.I. 1993/3103, reg. 4, Sch.3

Notes on the whole Act

Textual amendments

F1: Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with savings in ss. 1(4), 561, 562, Sch. 39); Sch. 13 paras. 6, 7 as saved continued (1.9.1999) by S.I. 1999/2267, reg. 2(2); and s. 154(4) expressed to be amended (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 25 (which amendment fell (1.4.1999) by reason of the repeal of the said Sch. 3 para. 25 by 1998 c. 31, s. 140(3), Sch. 31; S.I. 1999/1016, art. 2(1), Sch. 1)

Notes on Chapter III

Modifications

C1: S. 35 and Pt. II Chapter III applied (with modifications) (9.5.1994) by S.I. 1994/1084, reg. 3, Sch. 1