2(1)This paragraph applies to any disposal by a foundation body of—E+W
F1(a)any land acquired under paragraph 2, 4 or 9 of Schedule 3, paragraph 16 or 20 of Schedule 6 [F2(including that provision as applied by any enactment)] or paragraph 5 or 6 of Schedule 21 or under any regulations made under paragraph 5 of Schedule 8 [F3or acquired under paragraph 8(5) of Schedule 8 to the Education Act 2002];
(b)any land acquired from the governing body of a maintained school;
(c)any land acquired from another foundation body;
(d)any land acquired, or enhanced in value, wholly or partly by means of any grant provided by the Secretary of State on or after the appointed day;
(e)any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred for the purposes of any of the schools comprising the group for which the body acts and treated by the local education authority as expenditure of a capital nature; or
(f)any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in any of paragraphs (a) to (e).
(2)The foundation body shall not make any such disposal without the written consent of the Secretary of State.
(3)Where the foundation body apply to the Secretary of State for his consent to any such disposal [F4and he decides to give that consent], he may do either or both of the following, namely—
(a)make any such requirement as is mentioned in paragraph 1(3)(a); and
(b)give any such direction to the foundation body as he could give to a governing body under paragraph 1(3)(b).
(4)More than one direction may be given under sub-paragraph (3)(b) to make a payment in relation to the proceeds of disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.
(5)Sub-paragraph (1)(e) shall not apply in the case of any expenditure incurred on or after the appointed day unless the authority—
(a)prepared a statement in writing—
(i)containing details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and
(ii)indicating that the expenditure was being treated by them as expenditure of a capital nature; and
(b)sent a copy of the statement to the foundation body either before, or no later than 12 months after, the expenditure was incurred.
Textual Amendments
F1Words in Sch. 22 para. 2(1)(a) inserted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 118(3)(a) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
F2Words in Sch. 22 para. 2(1)(a) inserted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 118(3)(a) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
F3Words in Sch. 22 para. 2(1)(a) inserted (1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 118(3)(b) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4
F4Words in Sch. 22 para. 2(3) inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 3 (with s. 119)