# The School Organisation (Transitional Provisions) (England) Regulations 2007, Paragraph 10: Land excluded from transfers


(1) Nothing in paragraphs 2 to 8 of this Schedule has the effect of transferring to, or vesting in, any body—
(a) any land, rights or liabilities excluded under sub-paragraph (2) or (3);
(b) any liability of a local authority, governing body or trustees in respect of the principal of, or any interest on, any loan; or
(c) any liability in tort.
(2) If after the proposal has been approved, but before the implementation date in relation to any change of category, the prospective transferee and transferor have agreed in writing that any land should be excluded, that land (and any rights or liabilities relating to it) is excluded.
(3) Where the prospective transferee and transferor cannot agree what land should be excluded they must refer the matter to the adjudicator.
(4) If in default of agreement under sub-paragraph (2)—
(a) the prospective transferee or transferor have applied to the adjudicator to exclude any land from the operation of paragraphs 2 to 8 of this Schedule; and
(b) the adjudicator has by order directed its exclusion;
the land (and any rights or liabilities relating to it) is excluded.
(5) An agreement under sub-paragraph (2) may provide for the land to be used or held for the purposes of the school on such terms as may be specified in or determined in accordance with the agreement; and directions under sub-paragraph (4)—
(a) may confer any rights or impose any liabilities that could have been conferred or imposed by such an agreement, and
(b) must have effect as if contained in such an agreement.

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Source: https://www.legislation.gov.uk/uksi/2007/1355/schedule/4/paragraph/10 (the official version)
Page: https://openlegislation.uk/school-organisation-transitional-provisions-england-regulations-2007/schedule-4/paragraph-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.