School Standards and Framework Act 1998

Land required by local education authority for certain purposes E+W

[F1 A26 (1) For the purposes of paragraph A23, land held, or held on trust, for the purposes of a foundation, voluntary or foundation special school by the trustees of the school is “publicly funded land” if it is—

(a) land acquired under section 60, 61 or 70 of the Education Act 1996,

(b) land acquired under any of the following—

• paragraph 2 of Schedule 3;

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

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

• any regulations made under paragraph 5 of Schedule 8,

(c) land acquired under any of the following—

• paragraph 4 or 9 of Schedule 3;

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

(d) 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,

(e) land acquired wholly by means of expenditure incurred on or after the appointed day for the purposes of the school and treated by the local education authority as expenditure of a capital nature,

(f) land acquired from the Funding Agency for Schools,

(g) land acquired wholly by means of—

(i) any maintenance, special purpose or capital grant (within the meaning of Chapter 6 of Part 3 of the Education Act 1996),

(ii) any grant paid under section 216(2) of that Act, or

(iii) 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,

(h) 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,

(i) land acquired wholly with the proceeds of disposal of any land acquired as mentioned in any of paragraphs (f) to (h), or

(j) land acquired wholly by means of any grant made in pursuance of a special agreement (as defined by section 32(5) of the Education Act 1996).

(2) For the purposes of paragraph A23, land held, or held on trust, for the purposes of a foundation or foundation special school by the trustees of the school is also “publicly funded land” if it is—

(a) land acquired by the trustees from the governing body of the school or of another foundation or foundation special school which was land—

(i) acquired by the governing body under a transfer under section 201(1)(a) of the Education Act 1996,

(ii) acquired by the governing body under any of the provisions mentioned in sub-paragraph (1)(b) or under paragraph 8A of this Schedule, or

(iii) acquired by the governing body wholly with the proceeds of disposal of land acquired as mentioned in sub-paragraph (i) or (ii), or

(b) land acquired wholly with the proceeds of disposal of any land acquired as mentioned in sub-paragraph (1)(b).

(3) For the purposes of paragraph A23, land held, or held on trust, for the purposes of a voluntary school by the trustees of the school is also “publicly funded land” if it is—

(a) land acquired by the governing body of the school—

(i) under a transfer under section 201(1)(a) of the Education Act 1996, or

(ii) wholly with the proceeds of disposal of any land so acquired,

and transferred by the governing body to be held on trust by the trustees, or

(b) in the case of a school to which sub-paragraph (4) applies, land acquired wholly by means of expenditure incurred under section 63 or 64 of the Education Act 1996.

(4) This sub-paragraph applies to a voluntary aided school which was, immediately before the appointed day, a controlled school within the meaning of the Education Act 1996.

(5) Land held, or held on trust, for the purposes of a foundation, voluntary or foundation special school by the trustees of the school is not “publicly funded land” for the purposes of paragraph A23 if it is—

(a) land acquired under section 60 or 61 of the Education Act 1996, or

(b) land acquired under paragraph 2 or 4 of Schedule 3 to this Act,

by the trustees of an institution which is, or has at any time been, within the further education sector (as defined by section 4(3) of the Education Act 1996).

(6) Sub-paragraph (1)(e) does not apply in the case of any expenditure unless the authority—

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

(b) sent a copy of the statement to the trustees either before, or no later than 12 months after, the expenditure was incurred.

(7) 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

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)