SCHEDULES

SCHEDULE 22 E+W Disposals of land in case of certain schools and disposals on discontinuance

Modifications etc. (not altering text)

C1 Sch. 22 excluded (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 1 para. 10(2)(c); S.I. 2010/1937, art. 2, Sch. 1

[F1 Part A1 E+WFoundation, voluntary and foundation special schools in England: disposals of land

Textual Amendments

F1 Sch. 22 Pt. A1 inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 2; S.I. 2007/935, art. 7(p)

Land required by [F2 local authority] for certain purposes E+W

A25 (1) For the purposes of paragraph A23, land held by a foundation body for the purposes of the group of schools for which it acts is “publicly funded land” if it is—

(a) land acquired under any of the following—

• paragraph 2, 4 or 9 of Schedule 3;

• paragraph 16 or 20 of Schedule 6 (including that provision as applied by any enactment);

• paragraph 5 or 6 of Schedule 21;

• paragraph 5(4B)(d) of this Schedule;

• any regulations made under paragraph 5 of Schedule 8,

(b) land acquired under any of the following—

• paragraph 8(5) of Schedule 8 to the Education Act 2002;

• paragraph 14(5) of Schedule 10 to the Education Act 2005;

• paragraph 28(2) or 31(1) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment);

• any regulations made under section 24 of that Act by virtue of subsection (3)(b) of that section;

• any regulations made under section 27 of that Act by virtue of subsection (2)(b) of that section,

(c) land acquired from the governing body of a maintained school,

(d) land acquired from another foundation body,

(e) land acquired wholly by means of—

(i) any grant provided by the Secretary of State on or after the appointed day other than a grant made on or after 1st April 2007 under paragraph 5 of Schedule 3 (including that provision as applied by any enactment), or

(ii) any grant paid under any regulations made under paragraph 4 of Schedule 32 to this Act other than a grant paid under such regulations to the governing body of a voluntary aided school,

(f) land acquired wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A27,

(g) land acquired wholly 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 [F2 local authority] as expenditure of a capital nature, or

(h) land acquired wholly with the proceeds of disposal of any land acquired as mentioned in any of paragraphs (a) to (g).

(2) Sub-paragraph (1)(g) does not apply in the case of any expenditure incurred on or after the appointed day unless the authority—

(a) prepared an appropriate statement in relation to the expenditure, 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.

(3) An “appropriate statement” in relation to expenditure is a statement in writing which—

(a) contains 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

(b) indicates that the expenditure was being treated by the authority as expenditure of a capital nature.]

Textual Amendments

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))