Explanatory note

This Order modifies the effect of the Education (Inner London Education Authority) (Property Transfer) Order 1990.

The transfer of certain land to the councils of inner London boroughs under that Order was made subject to conditions. Condition A (as amended by S.I. 1990/772) provided that, if the land ceased to be used wholly or mainly for the purposes of the council’s functions as local education authority before 1st April 2010, it was to be disposed of and the proceeds divided between all inner London councils including the Common Council of the City of London (in their capacity as a local authority) (“the inner London councils”). This condition ceases to apply except in so far as required for the continued operation of Condition C.

Condition B provided that, if the land was not brought into use wholly or mainly for the purposes of the council’s functions as local education authority by 1st April 1997, it was to be disposed of and the proceeds divided as if it were a disposal to which Condition A applied. This condition ceases to apply altogether.

Condition C provided that, if the land ceased to be used wholly or mainly for the purposes of the council’s functions as local education authority or if the council wished to dispose of it, it had first to be offered for transfer to the other inner London councils. If no council wanted the land it was to be disposed of and the proceeds divided as if it were a disposal to which Condition A applied. This condition ceases to apply except in relation to certain named playing fields and sports centres.

In cases where the proceeds of sale have already been distributed to the inner London councils, article 3 operates to compensate the councils concerned by amending the Education (London Residuary Body) (Property Transfer) Order 1992.

Under regulation 7 of that Order, the Council of the Royal Borough of Kensington and Chelsea is obliged to distribute the capital receipts from the disposal of certain former property of the Inner London Education Authority on the basis set out in that Order. The amendment requires that council, before making any such payments on or after 31st March 1997, to first make the payments to each of the inner London councils set out in the new Schedule 4 which is inserted in that Order.