§ Mrs. Helen JacksonTo ask the Secretary of State for Education in how many cases, and in which local education authorities the Education Assets Board has been called in to determine the ownership of land or assets following the transfer of further education institutions from local authority to Further Education Funding Council control.
§ Mr. BoswellThe Education Assets Board has determined, or is determining, 99 disputes involving the transfer of land or other property from 44 local education authorities to colleges in the further education sector.
Local education authorities where disputes over the transfer of property to colleges in the further education sector have been or are being determined by the Education Assets Board
- Avon
- Barking and Dagenham
- Barnsley
- Bedfordshire
- Berkshire
- Birmingham
- Cambridgeshire
- Cheshire
- Cleveland
- Cornwall
405 - Cumbria
- Devon
- East Sussex Essex
- Gloucestershire
- Hampshire
- Harrow
- Hillingdon
- Kirkless
- Kent
- Lambeth
- Leeds
- Leicestershire
- Lincolnshire
- Manchester
- Northamptonshire
- North Yorkshire
- Oxfordshire
- Richmond upon Thames
- Sefton
- Sheffield
- Shropshire
- Somerset
- Staffordshire
- Sunderland
- Sutton
- Tameside
- Tower Hamlets
- Walsall
- Waltham Forest
- Wandsworth
- Warwickshire
- West Sussex
§ Mrs. Helen JacksonTo ask the Secretary of State for Education what grounds the Education Assets Board is required to consider when making decisions about the transfer of assets from a local authority to institutions funded by the Further Education Funding Council.
§ Mr. BoswellUnder schedule 5 to the Further and Higher Education Act 1992, the Education Assets Board may determine disputes about the transfer of property only where it appears unlikely that agreement will be reached, or where agreement has not been reached within a prescribed period.
The board may determine whether assets were being used or held for the purposes of the institution on the transfer date, or whether they were being used or held for other purposes of the authority. In the first case, the assets will have transferred to the institution on the transfer date, in the second they will have remained the property of the authority.
If the board determines that assets were used or held partly for the purposes of the institution and partly for other purposes of the authority, the board must, where the nature of the property permits, divide or apportion the assets in such proportion as may be appropriate. Where division or apportionment is not feasible, the board must direct that the assets be either transferred to the institution or retained by the authority in accordance with the criteria laid down in paragraph 1(3) of schedule 5. In any such case, the board must direct that arrangements be made for the protection of the party who does not keep or receive the assets.
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