School Standards and Framework Act 1998

Disposal of land by governing body of foundation, voluntary or foundation special school E+W

1 (1) [F1 Subject to sub-paragraph (1A),] this paragraph applies to any disposal by the governing body of a foundation, voluntary or foundation special school [F2 in Wales] of— E+W

F3 (a) any land acquired under a transfer under section 201(1)(a) of the M1 Education Act 1996, or acquired under paragraph 2 of Schedule 3 or paragraph 16 of Schedule 6 [F4 (including that provision as applied by any enactment)] or paragraph 5(4)(c) [F5 or 5(4B)(d)] of this Schedule or under any regulations made under paragraph 5 of Schedule 8;

(b) any land acquired from a foundation body;

F6 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) any land acquired, or enhanced in value, wholly or partly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of the M2 Education Act 1996);

(e) any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred for the purposes of the school and treated by the local education authority as expenditure of a capital nature; or

(f) any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in any of paragraphs (a) to (e).

[F7 (1A) This paragraph does not apply to any disposal which—

(a) is made by the governing body of a foundation or foundation special school after the commencement of this sub-paragraph, and

(b) is a disposal to the trustees of the school made on the school becoming a school with a foundation [F8 established otherwise than under this Act].]

(2) The governing body shall not make [F9 any disposal to which this paragraph applies] without the written consent of the [F10 Assembly].

(3) Where the governing body apply to the [F11 Assembly] for [F12 its] consent to any such disposal [F13 and [F14 the Assembly] decides to give that consent], [F14 the Assembly] may do one or more of the following, namely—

(a) require the land or any part of the land to be transferred to such local authority as [F14 the Assembly] may specify, subject to the payment by that authority of such sum by way of consideration (if any) as [F14 the Assembly] determines to be appropriate; and

(b) give the governing body, when the land or any part of the land is disposed of—

(i) a direction to pay, either to [F15 the Assembly] or to such local authority as [F14 the Assembly] may specify, the whole or any part of the proceeds of disposal; and

(ii) a direction as to the use to which the whole or any part of the proceeds of disposal should be put.

(4) More than one direction may be given under sub-paragraph (3)(b)(i) in relation to a disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.

(5) Sub-paragraph (1)(e) shall not apply in the case of any expenditure incurred on or after the appointed day unless the authority—

(a) prepared a statement in writing—

(i) containing 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

(ii) indicating that the expenditure was being treated by them as expenditure of a capital nature; and

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

Textual Amendments

F1 Words in Sch. 22 para. 1(1) inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 2(2)(a) (with s. 119)

F2 Words in Sch. 22 para. 1(1) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 4(2)(a); S.I. 2007/935, art. 7(p) (with art. 8(5))

F3 Words in Sch. 22 para. 1(1)(a) inserted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 118(2) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F4 Words in Sch. 22 para. 1(1)(a) inserted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 118(2) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F5 Words in Sch. 22 para. 1(1)(a) inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 2(2)(b) (with s. 119)

F6 Sch. 22 para. 1(1)(c) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 4(2)(b), Sch. 18 Pt. 6; S.I. 2007/935, art. 7(p)(q) (with art. 8(5))

F7 Sch. 22 para. 1(1A) inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 2(3) (with s. 119)

F8 Words in Sch. 22 para. 1(1A)(b) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 4(3); S.I. 2007/935, art. 7(p) (with art. 8(5))

F9 Words in Sch. 22 para. 1(2) substituted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 2(4) (with s. 119)

F10 Word in Sch. 22 para. 1(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 4(4); S.I. 2007/935, art. 7(p) (with art. 8(5))

F11 Word in Sch. 22 para. 1(3) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 4(4); S.I. 2007/935, art. 7(p) (with art. 8(5))

F12 Word in Sch. 22 para. 1(3) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 4(5)(a); S.I. 2007/935, art. 7(p) (with art. 8(5))

F13 Words in Sch. 22 para. 1(3) inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 2(5) (with s. 119)

F14 Words in Sch. 22 para. 1(3) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 4(5)(b); S.I. 2007/935, art. 7(p) (with art. 8(5))

F15 Words in Sch. 22 para. 1(3) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 4(5)(c); S.I. 2007/935, art. 7(p) (with art. 8(5))

Marginal Citations

M1 1996 c. 56.

M2 1996 c. 56.