Chwilio Deddfwriaeth

School Standards and Framework Act 1998

Changes over time for: SCHEDULE 21

 Help about opening options

Alternative versions:

Status:

Point in time view as at 01/09/2023.

Changes to legislation:

School Standards and Framework Act 1998, SCHEDULE 21 is up to date with all changes known to be in force on or before 25 December 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. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Section 74.

SCHEDULE 21E+W Transfers of land on appointed day

Part IE+W General provisions

IntroductoryE+W

1E+WIn this Schedule any reference to a grant-maintained or grant-maintained special school is a reference to such a school within the meaning of the M1Education Act 1996.

Marginal Citations

Effect of transfers under this ScheduleE+W

2(1)Where any land is transferred to and vests in any body in accordance with this Schedule, any rights or liabilities—E+W

(a)enjoyed or incurred by the transferor in connection with the land, and

(b)subsisting immediately before the appointed day,

shall also be transferred to, and by virtue of this Act vest in, that body.

(2)Any reference in this Schedule, in relation to a school, to land being transferred to, and vesting in, a foundation body is a reference to its being transferred to, and vesting in, that body for the purposes of the schools comprising the group for which that body acts.

(3)This Schedule is subject to section 198 of the M2Education Reform Act 1988 (which with Schedule 10 to that Act makes further provision in relation to transfers of property, rights and liabilities), and references in that Schedule as applied by virtue of this sub-paragraph to the transfer date are to the appointed day.

Marginal Citations

Part IIE+W Rules relating to transfers

Application of Part IIE+W

3(1)This Part of this Schedule applies to schools which, in accordance with Schedule 2, become community, foundation, voluntary or community special schools on the appointed day.E+W

(2)This Part has effect subject to Part III of this Schedule.

Transfers for purposes of community schoolsE+W

4(1)This paragraph applies where a grant-maintained school (an “existing school”) becomes a community school.E+W

(2)In such a case—

(a)any publicly funded land shall on the appointed day be transferred to, and by virtue of this Act vest in, the [F1local authority];

(b)any other land which, immediately before that day, is held by the governing body for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement; and

(c)any land which, immediately before that day, is held by any trustees for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement.

(3)In this paragraph “publicly funded land” means land which—

(a)immediately before the appointed day is held by the governing body for the purposes of the existing school, and

(b)was acquired from a local authority under a transfer under section 201(1)(a) of the M3Education Act 1996 or from the Funding Agency for Schools or was acquired wholly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of that Act).

(4)In this paragraph “transfer agreement” means an agreement—

(a)made for the purposes of sub-paragraph (2) between the [F1local authority] and the governing body or (as the case may be) trustees mentioned in that sub-paragraph, and

(b)providing for the land in question to be transferred to, and vest in, the authority on the appointed day, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.

Textual Amendments

F1Words 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))

Marginal Citations

Transfers for purposes of foundation schoolsE+W

5(1)This paragraph applies where—E+W

(a)a grant-maintained school (an “existing school”) becomes a foundation school; and

(b)as from the appointed day the school (as a foundation school) is a member of the group for which a foundation body acts.

(2)In such a case, any land which, immediately before the appointed day, was held by the governing body for the purposes of the existing school shall on that day be transferred to, and by virtue of this Act vest in, the foundation body.

Transfers for purposes of voluntary schoolsE+W

6(1)This paragraph applies where—E+W

(a)a grant-maintained school (an “existing school”) becomes a voluntary school; and

(b)as from the appointed day the school (as a voluntary school) is a member of the group for which a foundation body acts.

(2)In such a case, any land which, immediately before the appointed day, was held by the governing body for the purposes of the existing school shall on that day be transferred to, and by virtue of this Act vest in, the foundation body.

Transfers for purposes of community special schoolsE+W

7(1)This paragraph applies where a grant-maintained special school (an “existing school”) becomes a community special school.E+W

(2)In such a case—

(a)any publicly funded land shall on the appointed day be transferred to, and by virtue of this Act vest in, the [F1local authority];

(b)any other land which, immediately before that day, is held by the governing body for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement; and

(c)any land which, immediately before that day, is held by any trustees for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement.

(3)In this paragraph “publicly funded land” means land which—

(a)immediately before the appointed day is held by the governing body for the purposes of the existing school, and

(b)was acquired from a local authority under a transfer under section 201(1)(a) of the M4Education Act 1996 or from the Funding Agency for Schools or was acquired wholly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of that Act).

(4)In this paragraph “transfer agreement” means an agreement—

(a)made for the purposes of sub-paragraph (2) between the [F1local authority] and the governing body or (as the case may be) the trustees mentioned in that sub-paragraph, and

(b)providing for the land in question to be transferred to, and vest in, the authority on the appointed day, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.

Textual Amendments

F1Words 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))

Marginal Citations

Outstanding transfers to existing schoolE+W

8E+WWhere immediately before the appointed day—

(a)any land vested in a local authority is by virtue of any statutory provision required to be transferred to the governing body or any trustees of an existing school within the meaning of any of paragraphs 4 to 7, but

(b)the land has not yet been so transferred,

that paragraph shall apply to the school as if it had been so transferred by that time.

Transfer of rights to use landE+W

9(1)Where paragraph 4, 5, 6 or 7 applies to an existing school and any land held by a person or body other than the governing body of the school was, immediately before the appointed day, used for the purposes of the school, any rights or liabilities—E+W

(a)enjoyed or incurred by the governing body in connection with the use of the land, and

(b)subsisting immediately before the appointed day,

shall on that day be transferred to, and by virtue of this Act vest in, the [F1local authority] (in a case to which paragraph 4 or 7 applies) or the foundation body (in a case to which paragraph 5 or 6 applies).

(2)Where paragraph 4 or 7 applies to an existing school and any land held by a person or body other than any trustees who hold any land for the purposes of the school was, immediately before the appointed day, used for the purposes of the school, any rights or liabilities—

(a)enjoyed or incurred by any such trustees in connection with the use of the land, and

(b)subsisting immediately before the appointed day,

shall on that day be transferred to, and vest in, the [F1local authority] in accordance with a transfer agreement.

(3)Nothing in this paragraph applies in relation to land to which paragraph 4, 5, 6 or 7 applies.

(4)In this paragraph—

  • existing school” has the meaning given by paragraph 4, 5, 6 or 7, as the case may be;

  • transfer agreement” means an agreement—

    (a)

    made for the purposes of sub-paragraph (2) between the [F1local authority] and the trustees mentioned in that sub-paragraph, and

    (b)

    providing for the rights or liabilities in question to be transferred to, and vest in, the authority on the appointed day, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.

Textual Amendments

F1Words 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))

Part IIIE+W Property excluded from transfers

10(1)Nothing in Part II of this Schedule has the effect of transferring to, or vesting in, any body—E+W

(a)any land, rights or liabilities excluded under sub-paragraph (2) or (3),

(b)any rights or liabilities under a contract of employment,

(c)any liability of a governing body in respect of the principal of, or any interest on, any loan,

(d)any liability in tort, or

(e)any rights or liabilities which are determined in accordance with regulations to be rights or liabilities falling within this paragraph.

(2)If before the appointed day—

(a)the prospective transferee and transferor have agreed in writing that any land should be excluded from the operation of Part II of this Schedule, and

(b)the Secretary of State has given his written approval of the agreement,

the land (and any rights or liabilities relating to it) shall be so excluded.

(3)If in default of agreement under sub-paragraph (2)—

(a)the prospective transferee or transferor have applied to the Secretary of State to exclude any land from the operation of Part II of this Schedule, and

(b)the Secretary of State has by order directed its exclusion,

the land (and any rights or liabilities relating to it) shall be so excluded.

(4)An agreement under sub-paragraph (2) may provide for the land to be used or held for the purposes of the school (as a school of a new category) on such terms as may be specified in or determined in accordance with the agreement; and directions under sub-paragraph (3)—

(a)may confer any rights or impose any liabilities that could have been conferred or imposed by such an agreement, and

(b)shall have effect as if contained in such an agreement.

(5)In this paragraph—

  • new category” means one of the categories set out in section 20(1);

  • the prospective transferee”, in relation to any land, means the body to whom, apart from sub-paragraph (2) or (3), the land would fall to be transferred under Part II of this Schedule; and

  • the prospective transferor” shall be construed accordingly.

Yn ôl i’r brig

Options/Cymorth

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan heb Atodlenni

Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill