Further and Higher Education Act 1992

58 Reorganisations of schools involving establishment of further education corporation. E+W

(1) Subsection (2) below applies where, in connection with a reorganisation of schools maintained by a [F1 local authority], any land used for the purposes of one or more of the schools affected by the reorganisation or, as the case may be, the school so affected—

(a) is to cease to be so used or is to continue to be so used for a limited period, and

[F2 (b) a prescribed alteration within the meaning of section 28 of the School Standards and Framework Act 1998 has been made to the school,]

and in that subsection that land is referred to as “the land to be transferred”.

(2) If the land to be transferred is land of the local authority, the land and any other property of the local authority used for the purposes of the school on that land shall be treated for the purposes of section 23 of this Act as used for the purposes of the educational institution conducted by the corporation.

(3) For the purposes of this section there is a reorganisation of schools maintained by a [F1 local authority] if, in the case of each of the schools affected by the reorganisation or (if there is only one) the school so affected—

(a) the [F1 local authority] cease to maintain the school, or

[F3 (b) a relevant alteration has been made to the school,]

whether or not the reorganisation also involves the establishment of one or more new schools.

(4) [F4 In subsection (3)(b) “the relevant school organisation provision” means—

(a) in relation to England, section 18 of the Education and Inspections Act 2006, and

(b) in relation to Wales, section 28 of the School Standards and Framework Act 1998.]

[F5 (5) In subsection (3)(b) “relevant alteration” means—

(a) in the case of a school in England, a prescribed alteration within the meaning of section 18 of the Education and Inspections Act 2006, and

(b) in the case of a school in Wales, a regulated alteration within the meaning of Chapter 2 of Part 3 of the School Standards and Organisation (Wales) Act 2013.]

Textual Amendments

F1 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), Sch. 2 para. 5(2)

F2 S. 58(1)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.45 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.

F3 S. 58(3)(b) substituted (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 16(2)(a); S.I. 2013/1800, art. 3(j)

F4 S. 58(4) omitted (W.) (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 16(2)(b); S.I. 2013/1800, art. 3(j)

F5 S. 58(5) inserted (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 16(2)(c); S.I. 2013/1800, art. 3(j)

Commencement Information

I1 S. 58 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2