School Standards and Framework Act 1998

Changes to legislation:

School Standards and Framework Act 1998, Cross Heading: Discontinuance of foundation, voluntary and foundation special schools: land is up to date with all changes known to be in force on or before 27 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 14(3)(aa) inserted by 2011 nawm 7 s. 16(2) (Amendment not applied to legislation.gov.uk - s.16(02) of 2011 nawm007 omitted by 2013 nawm001 s. 100(4), Sch. 5 para. 13(2); S.I. 2014/178, art. 2(f) (with art. 3) prior to commencement)
s. 18B inserted by 2011 nawm 7 s. 16(3) (Amendment not applied to legislation.gov.uk - s.16(02) of 2011 nawm007 omitted by 2013 nawm001 s. 100(4), Sch. 5 para. 13(2); S.I. 2014/178, art. 2(f) (with art. 3) prior to commencement)
Sch. 22 para. 5(1B) inserted by 2023 c. 55 s. 235(4)

Discontinuance of foundation, voluntary and foundation special schools: landE+W

5(1)This paragraph applies where—E+W

[F1(a)proposals to discontinue a foundation, voluntary or foundation special school have been approved, adopted [F2, confirmed] or determined to be implemented under any enactment, or]

(b)the [F3appropriate authority] has given a direction—

[F4(i)under [F5section 16 of the School Standards and Organisation (Wales) Act 2013] requiring a foundation [F6or voluntary] school in Wales to be discontinued,

F7(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)under section 68(1) of the Education and Inspections Act 2006 requiring a foundation, voluntary or foundation special school in England to be discontinued, or

(iv)under section 17(1) of that Act requiring a foundation special school in England to be discontinued.]

[F8(1A)But this paragraph does not apply where proposals mentioned in sub-paragraph (1)(a) have been approved, adopted, confirmed or determined to be implemented in consequence of an Academy order made in respect of the school.]

(2)The governing body of the school shall apply to the [F9appropriate authority for it to exercise its powers under sub-paragraph (4) below in relation to—

(a)if the school is in England, any land falling within paragraphs (a) to (i) of paragraph A1(1) other than land falling within sub-paragraph (2A), or

(b)if the school is in Wales, any land falling within paragraphs (a) to (f) of paragraph 1(1),

which is held by the body for the purposes of the school.]

[F10(2A)Land falls within this sub-paragraph if it is—

(a)land falling within paragraph (g) of paragraph A1(1) by virtue of being land enhanced in value as mentioned in that paragraph, or

(b)land falling within paragraph (i) of paragraph A1(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.

(2B)If the school is in England and the governing body dispose of any land falling within sub-paragraph (2A) which is held by them for the purposes of the school, paragraph A1 shall apply to them.]

(3)Where the school is a member of the group for which a foundation body acts, the body shall apply to the [F11appropriate authority for it to exercise its powers under sub-paragraph (4) below in relation to—

(a)if the school is in England, any land falling within paragraphs (a) to (h) of paragraph A7(1) other than land falling within sub-paragraph (3A), or

(b)if the school is in Wales, any land falling within paragraphs (a) to (f) of paragraph 2(1),

which is held by the body for the purposes of the schools comprising the group.]

[F12(3A)Land falls within this sub-paragraph if it is—

(a)land falling within paragraph (f) of paragraph A7(1) by virtue of being land enhanced in value as mentioned in that paragraph, or

(b)land falling within paragraph (h) of paragraph A7(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.

(3B)If the school is in England and the foundation body disposes of any land falling within sub-paragraph (3A) which is held by it for the purposes of the schools comprising the group, paragraph A7 shall apply to it.]

(4)On an application under sub-paragraph (2) or (3), the [F13appropriate authority] may do one or more of the following, namely—

[F14(a)require the land or any part of the land to be transferred to such local authority as the appropriate authority may specify, subject to the payment by that local authority of such sum by way of consideration (if any) as the appropriate authority determines to be appropriate;]

[F15(aa)in the case of a school in England, make a direction in respect of the land under paragraph 11 of Schedule 1 to the Academies Act 2010 (transfer to Academy);]

(b)direct the governing body or the foundation body, as the case may be, to pay, either to [F16the appropriate authority] or to such local authority as [F16the appropriate authority] may specify, the whole or any part of the value, as at the date of the direction, of the whole or any part of the land referred to in sub-paragraph (2) or (3), as the case may be; and

(c)in a case where the discontinuance of the school is connected with proposals under [F17any enactment] to establish, or to make a prescribed alteration [F18or regulated alteration] to, any other school or schools, require the land or any part of the land to be transferred to the governing body of such maintained school or the temporary governing body of such new school as [F19the appropriate authority] may specify.

[F20(4ZA)Where the school is in England, the trustees of the school shall apply to the appropriate authority for it to exercise its powers under sub-paragraph (4B) in relation to any land falling within paragraph A13(1), (2) or (3), other than land falling within sub-paragraph (4ZB), which is held by the trustees for the purposes of the school.

(4ZB)Land falls within this sub-paragraph if it is—

(a)land falling within paragraph (j) of paragraph A13(1) by virtue of being land enhanced in value as mentioned in that paragraph, or

(b)land falling within paragraph (k) of paragraph A13(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.]

[F21(4A)Where the school [F22is in Wales and] is a foundation F23... school which has a foundation, the trustees of the school shall apply to the [F24appropriate authority for it to exercise its] powers under sub-paragraph (4B) in relation to any land falling within paragraph 2A(1)(a), [F25(aa),] (b) or (c) which is held by the trustees for the purposes of the school.

(4B)On an application under sub-paragraph [F26(4ZA) or] (4A), the [F27appropriate authority] may do one or more of the following, namely—

[F28(a)require the land or any part of the land to be transferred to such local authority as the appropriate authority may specify, subject to the payment by that local authority of such sum by way of consideration (if any) as the appropriate authority determines to be appropriate;]

[F29(aa)in the case of a school in England, make a direction in respect of the land under paragraph 11 of Schedule 1 to the Academies Act 2010 (transfer to Academy);]

(b)where the trustees have power to use the land [F30—

(i)in the case of a school in England, for the purposes of another foundation, voluntary or foundation special school, or

(ii)in the case of a school in Wales, for the purposes of another foundation F31... school or for the purposes of a voluntary school,

direct the trustees to exercise that power in such manner as the appropriate authority may specify;]

(c)direct the trustees to pay to such local authority as [F32the appropriate authority] may specify the whole or any part of the value, as at the date of the direction, of the whole or any part of the land referred to in sub-paragraph [F33(4ZA) or, as the case may be,] (4A); and

(d)in a case where the discontinuance of the school is connected with proposals under any enactment to establish, or to make a prescribed alteration [F34or regulated alteration] to, any other school or schools, require the land or any part of the land to be transferred—

(i)to the trustees, foundation body or governing body of such maintained school as [F35the appropriate authority] may specify, or

(ii)to the trustees, foundation body or temporary governing body of such new school as [F35the appropriate authority] may specify.]

(5)Where the governing body [F36, foundation body or trustees] fail to make an application as required by sub-paragraph [F37(2), (3) [F38, (4ZA)] or (4A)], as the case may be, the [F39appropriate authority] may nevertheless make any such requirement or give any such direction as is mentioned in sub-paragraph [F40(4) or (4B), as the case may be].