 | |
| |
PART III |
| |
PROPERTY EXCLUDED FROM TRANSFERS |
| | 9. - (1) Nothing in Part II 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 rights or liabilities under a contract of employment, |
| |
(c) any liability of a governing body in respect of the principal of, or any interest on, any loan, |
| |
(d) any liability in tort, or |
| |
(e) any rights or liabilities which are determined in accordance with regulations to be rights or liabilities falling within this paragraph. |
| |
(2) If before the appointed day-
|
| |
(a) the prospective transferee and transferor have agreed in writing that any land should be excluded from the operation of Part II of this Schedule, and |
| |
(b) the Secretary of State has given his written approval of the agreement, |
| |
the land (and any rights or liabilities relating to it) shall be so excluded.
|
| |
(3) If in default of agreement under sub-paragraph (2)-
|
| |
(a) the prospective transferee or transferor have applied to the Secretary of State to exclude any land from the operation of Part II of this Schedule, and |
| |
(b) the Secretary of State has by order directed its exclusion, |
| |
the land (and any rights or liabilities relating to it) shall be so excluded.
|
| |
(4) An agreement under sub-paragraph (2) may provide for the land to be used or held for the purposes of the school (as a school of a new category) on such terms as may be specified in or determined in accordance with the agreement; and directions under sub-paragraph (3)-
|
| |
(a) may confer any rights or impose any liabilities that could have been conferred or imposed by such an agreement, and |
| |
(b) shall have effect as if contained in such an agreement. |
| |
(5) In this paragraph-
|
| |
"new category" means one of the categories set out in section 20(1); |
| |
"the prospective transferee", in relation to any land, means the body to whom, apart from sub-paragraph (2) or (3), the land would fall to be transferred under Part II of this Schedule; and |
| |
"the prospective transferor" shall be construed accordingly. |
