School Standards and Framework Act 1998

Land required by local education authority for new school

4 (1) This paragraph applies where, on an application made by a local education authority, the Secretary of State is satisfied—

(a) that any relevant land—

(i) held, or held on trust, for the purposes of a foundation, voluntary or foundation special school by the governing body or the trustees of the school, or

(ii) held by a foundation body for the purposes of the group of schools for which it acts,

is not required for the purposes of the school or (as the case may be) those schools; and

(b) that that land is required by the authority as the site for a new maintained school or as the site to which a maintained school is to be transferred.

(2) In such a case the Secretary of State may by order require the relevant land to be transferred to the authority by the body or trustees holding the land, subject to the payment by the authority of such sum by way of consideration (if any) as he determines to be appropriate.

(3) In this paragraph “relevant land” means land which was acquired by the governing body of the school, or (as the case may be) one of the schools, mentioned in sub-paragraph (1)(a) under a transfer under section 201(1)(a) of the [1996 c. 56.] Education Act 1996.