School Standards and Framework Act 1998

Part II E+W Rules relating to transfers

Application of Part II E+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 schools E+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 [F1 local 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 M1 Education 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 [F1 local 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

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), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

Marginal Citations

M1 1996 c. 56.

Transfers for purposes of foundation schools E+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 schools E+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 schools E+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 [F1 local 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 M2 Education 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 [F1 local 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

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), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

Marginal Citations

M2 1996 c. 56.

Outstanding transfers to existing school E+W

8 E+W Where 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 land E+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 [F1 local 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 [F1 local 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 [F1 local 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

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), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))