SCHEDULES

C1SCHEDULE 22 Disposals of land in case of certain schools and disposals on discontinuance

Annotations:
Modifications etc. (not altering text)

Part II Maintained schools: disposals on discontinuance

Discontinuance of foundation, voluntary and foundation special schools: land

5

1

This paragraph applies where—

F1a

proposals to discontinue a foundation, voluntary or foundation special school have been approved, adopted F8, confirmed or determined to be implemented under any enactment, or

b

the F9appropriate authority has given a direction—

F10i

under F46section 16 of the School Standards and Organisation (Wales) Act 2013 requiring a foundation F38or voluntary school in Wales to be discontinued,

F39ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F341A

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 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 (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.

F122A

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 F13appropriate 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.

F143A

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 F15appropriate authority may do one or more of the following, namely—

F16a

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;

F35aa

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 F17the appropriate authority or to such local authority as F17the 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 F2any enactment to establish, or to make a prescribed alteration F40or 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 F18the appropriate authority may specify.

F194ZA

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.

F34A

Where the school F20is in Wales and is a foundation F41... school which has a foundation, the trustees of the school shall apply to the F21appropriate authority for it to exercise its powers under sub-paragraph (4B) in relation to any land falling within paragraph 2A(1)(a), F42(aa), (b) or (c) which is held by the trustees for the purposes of the school.

4B

On an application under sub-paragraph F22(4ZA) or (4A), the F23appropriate authority may do one or more of the following, namely—

F24a

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;

F36aa

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 F25—

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 F43... 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 F27the 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 F26(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 F44or 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 F28the appropriate authority may specify, or

ii

to the trustees, foundation body or temporary governing body of such new school as F28the appropriate authority may specify.

5

Where the governing body F4, foundation body or trustees fail to make an application as required by sub-paragraph F5(2), (3) F29, (4ZA) or (4A), as the case may be, the F30appropriate authority may nevertheless make any such requirement or give any such direction as is mentioned in sub-paragraph F6(4) or (4B), as the case may be.

F315A

Where the school is in England and the trustees of the school—

a

dispose of any land falling within sub-paragraph (4ZB), or

b

wish to use any such land for purposes not connected with the provision of education in maintained schools F37or Academies,

paragraph A13 shall apply to them.

6

Where F32the school is in Wales and the trustees of the school—

a

dispose of any land falling within paragraph 3(1) or (2) F7but not within paragraph 2A(1)(a), F45(aa), (b) or (c), or

b

wish to use any such land for purposes not connected with the provision of education in maintained schools,

paragraph 3 shall apply to them.

F337

In this paragraph “local authority” includes a non-metropolitan district council for an area for which there is a county council.