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School Standards and Framework Act 1998

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Point in time view as at 01/09/2023.

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Part IIE+W Maintained schools: disposals on discontinuance

Discontinuance of foundation, voluntary and foundation special schools: landE+W

5(1)This paragraph applies where—E+W

[F1(a)proposals to discontinue a foundation, voluntary or foundation special school have been approved, adopted [F2, confirmed] or determined to be implemented under any enactment, or]

(b)the [F3appropriate authority] has given a direction—

[F4(i)under [F5section 16 of the School Standards and Organisation (Wales) Act 2013] requiring a foundation [F6or voluntary] school in Wales to be discontinued,

F7(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)under section 68(1) of the Education and Inspections Act 2006 requiring a foundation, voluntary or foundation special school in England to be discontinued, or

(iv)under section 17(1) of that Act requiring a foundation special school in England to be discontinued.]

[F8(1A)But this paragraph does not apply where proposals mentioned in sub-paragraph (1)(a) have been approved, adopted, confirmed or determined to be implemented in consequence of an Academy order made in respect of the school.]

(2)The governing body of the school shall apply to the [F9appropriate authority for it to exercise its powers under sub-paragraph (4) below in relation to—

(a)if the school is in England, any land falling within paragraphs (a) to (i) of paragraph A1(1) other than land falling within sub-paragraph (2A), or

(b)if the school is in Wales, any land falling within paragraphs (a) to (f) of paragraph 1(1),

which is held by the body for the purposes of the school.]

[F10(2A)Land falls within this sub-paragraph if it is—

(a)land falling within paragraph (g) of paragraph A1(1) by virtue of being land enhanced in value as mentioned in that paragraph, or

(b)land falling within paragraph (i) of paragraph A1(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.

(2B)If the school is in England and the governing body dispose of any land falling within sub-paragraph (2A) which is held by them for the purposes of the school, paragraph A1 shall apply to them.]

(3)Where the school is a member of the group for which a foundation body acts, the body shall apply to the [F11appropriate authority for it to exercise its powers under sub-paragraph (4) below in relation to—

(a)if the school is in England, any land falling within paragraphs (a) to (h) of paragraph A7(1) other than land falling within sub-paragraph (3A), or

(b)if the school is in Wales, any land falling within paragraphs (a) to (f) of paragraph 2(1),

which is held by the body for the purposes of the schools comprising the group.]

[F12(3A)Land falls within this sub-paragraph if it is—

(a)land falling within paragraph (f) of paragraph A7(1) by virtue of being land enhanced in value as mentioned in that paragraph, or

(b)land falling within paragraph (h) of paragraph A7(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.

(3B)If the school is in England and the foundation body disposes of any land falling within sub-paragraph (3A) which is held by it for the purposes of the schools comprising the group, paragraph A7 shall apply to it.]

(4)On an application under sub-paragraph (2) or (3), the [F13appropriate authority] may do one or more of the following, namely—

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

[F15(aa)in the case of a school in England, make a direction in respect of the land under paragraph 11 of Schedule 1 to the Academies Act 2010 (transfer to Academy);]

(b)direct the governing body or the foundation body, as the case may be, to pay, either to [F16the appropriate authority] or to such local authority as [F16the appropriate authority] may specify, the whole or any part of the value, as at the date of the direction, of the whole or any part of the land referred to in sub-paragraph (2) or (3), as the case may be; and

(c)in a case where the discontinuance of the school is connected with proposals under [F17any enactment] to establish, or to make a prescribed alteration [F18or regulated alteration] to, any other school or schools, require the land or any part of the land to be transferred to the governing body of such maintained school or the temporary governing body of such new school as [F19the appropriate authority] may specify.

[F20(4ZA)Where the school is in England, the trustees of the school shall apply to the appropriate authority for it to exercise its powers under sub-paragraph (4B) in relation to any land falling within paragraph A13(1), (2) or (3), other than land falling within sub-paragraph (4ZB), which is held by the trustees for the purposes of the school.

(4ZB)Land falls within this sub-paragraph if it is—

(a)land falling within paragraph (j) of paragraph A13(1) by virtue of being land enhanced in value as mentioned in that paragraph, or

(b)land falling within paragraph (k) of paragraph A13(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.]

[F21(4A)Where the school [F22is in Wales and] is a foundation F23... school which has a foundation, the trustees of the school shall apply to the [F24appropriate authority for it to exercise its] powers under sub-paragraph (4B) in relation to any land falling within paragraph 2A(1)(a), [F25(aa),] (b) or (c) which is held by the trustees for the purposes of the school.

(4B)On an application under sub-paragraph [F26(4ZA) or] (4A), the [F27appropriate authority] may do one or more of the following, namely—

[F28(a)require the land or any part of the land to be transferred to such local authority as the appropriate authority may specify, subject to the payment by that local authority of such sum by way of consideration (if any) as the appropriate authority determines to be appropriate;]

[F29(aa)in the case of a school in England, make a direction in respect of the land under paragraph 11 of Schedule 1 to the Academies Act 2010 (transfer to Academy);]

(b)where the trustees have power to use the land [F30—

(i)in the case of a school in England, for the purposes of another foundation, voluntary or foundation special school, or

(ii)in the case of a school in Wales, for the purposes of another foundation F31... school or for the purposes of a voluntary school,

direct the trustees to exercise that power in such manner as the appropriate authority may specify;]

(c)direct the trustees to pay to such local authority as [F32the appropriate authority] may specify the whole or any part of the value, as at the date of the direction, of the whole or any part of the land referred to in sub-paragraph [F33(4ZA) or, as the case may be,] (4A); and

(d)in a case where the discontinuance of the school is connected with proposals under any enactment to establish, or to make a prescribed alteration [F34or regulated alteration] to, any other school or schools, require the land or any part of the land to be transferred—

(i)to the trustees, foundation body or governing body of such maintained school as [F35the appropriate authority] may specify, or

(ii)to the trustees, foundation body or temporary governing body of such new school as [F35the appropriate authority] may specify.]

(5)Where the governing body [F36, foundation body or trustees] fail to make an application as required by sub-paragraph [F37(2), (3) [F38, (4ZA)] or (4A)], as the case may be, the [F39appropriate authority] may nevertheless make any such requirement or give any such direction as is mentioned in sub-paragraph [F40(4) or (4B), as the case may be].

[F41(5A)Where the school is in England and the trustees of the school—

(a)dispose of any land falling within sub-paragraph (4ZB), or

(b)wish to use any such land for purposes not connected with the provision of education in maintained schools [F42or Academies],

paragraph A13 shall apply to them.]

(6)Where [F43the school is in Wales and] the trustees of the school—

(a)dispose of any land falling within paragraph 3(1) or (2) [F44but not within paragraph 2A(1)(a), [F45(aa),] (b) or (c)], or

(b)wish to use any such land for purposes not connected with the provision of education in maintained schools,

paragraph 3 shall apply to them.

[F46(7)In this paragraph “local authority” includes a non-metropolitan district council for an area for which there is a county council.]

Textual Amendments

F1Sch. 22 para. 5(1)(a) substituted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 118(5)(a) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F17Words in Sch. 22 para. 5(4)(c) substituted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 118(5)(b) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F21Sch. 22 para. 5(4A)(4B) inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 6(2) (with s. 119)

F36Words in Sch. 22 para. 5(5) substituted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 6(3)(a) (with s. 119)

F37Words in Sch. 22 para. 5(5) substituted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 6(3)(b) (with s. 119)

F40Words in Sch. 22 para. 5(5) substituted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 6(3)(c) (with s. 119)

F44Words in Sch. 22 para. 5(6)(a) inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 6(4) (with s. 119)

Discontinuance of foundation or voluntary school by notice given by its governing body: land and premisesE+W

6(1)This paragraph applies where the governing body of a foundation or voluntary school apply for the [F47appropriate authority's] consent to serve a notice under section 30(1) [F48or section 80 of the School Standards and Organisation (Wales) Act 2013].E+W

(2)If the [F49appropriate authority] gives such consent, [F50the appropriate authority] may impose any requirements in relation to the governing body or, where the school is a member of the group for which a foundation body acts, the foundation body that [F50the appropriate authority] thinks just—

(a)in respect of the repayment of all or part of any expenditure incurred by [F51the appropriate authority] as mentioned in section 30(2) [F52or section 80(2) of the School Standards and Organisation (Wales) Act 2013];

(b)in respect of the transfer to the [F53local authority] of any premises used for the purposes of the school which [F50the appropriate authority] is satisfied [F54the [F53local authority]] will need for any purpose connected with education;

(c)(where any premises are to be so transferred) in respect of the payment by [F54the [F53local authority]] of so much of the value of those premises as is just having regard to the extent to which the premises were provided otherwise than at public expense;

(d)(where any premises used for the purposes of the school are not to be so transferred) in respect of the payment by the governing body or the foundation body, as the case may be, to [F54the [F53local authority]] of so much of the value of those premises as is just having regard to the extent to which they were provided at public expense.

(3)In sub-paragraph (2) “at public expense” means at the expense of—

(a)the Funding Agency for Schools, or

(b)any [F53local authority] or an authority within section 30(2)(d).

[F55(3A)Where the school is in England and the trustees of the school—

(a)dispose of any land falling within paragraph A13(1), (2) or (3), or

(b)wish to use any such land for purposes not connected with the provision of education in maintained schools,

paragraph A13 shall apply to them.]

(4)Where [F56the school is in Wales and] the trustees of the school—

(a)dispose of any land falling within paragraph 3(1) or (2), or

(b)wish to use any such land for purposes not connected with the provision of education in maintained schools,

paragraph 3 shall apply to them.

Textual Amendments

F53Words 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))

Disposal of property held by governing body of maintained school on their dissolutionE+W

7(1)This paragraph applies in connection with the dissolution of the governing body of a maintained school by virtue of [F57paragraph 5 of Schedule 1 to the Education Act 2002] [F58other than a dissolution by virtue of paragraph 5(2)(a)(iv) of that Schedule (dissolution following Academy order)].E+W

(2)Where a governing body are so dissolved—

(a)all land or other property of the governing body which is used or held for the purposes of the school, and

(b)all rights and liabilities (including rights and liabilities in relation to staff) of the governing body subsisting immediately before the date of dissolution which were acquired or incurred for the purposes of the school,

shall on the date of dissolution be transferred to, and by virtue of this Act vest in—

(i)the [F53local authority], or

(ii)one or more of the [F59persons or bodies mentioned in sub-paragraph (2A)], if the [F60appropriate authority] so directs before the date of dissolution.

[F61(2A)The persons and bodies are—

(a)the governing body of a maintained school;

(b)the temporary governing body of a new school;

(c)in the case of the dissolution of a governing body of a maintained school in England, a person concerned with the running of an Academy.]

(3)Sub-paragraph (2) does not apply to—

(a)any land or other property for which provision has been made for transfer or payment under paragraph 5(4) or 6(2),

(b)any property of whatever nature which is held by the governing body on trust for the purposes of the school, or

(c)unless the [F62appropriate authority] otherwise directs by order made before the date of dissolution, any liabilities of the governing body in respect of any loan made to the governing body.

(4)Subject to sub-paragraph (5), a governing body who are to be dissolved as mentioned in sub-paragraph (1) may transfer any land or other property which is held by them on trust for the purposes of the school to any person to hold such land or other property on trust for purposes connected with the provision of education in maintained schools.

(5)Sub-paragraph (4) does not apply to any land or other property so held by the governing body of a foundation, voluntary or foundation special school where any other persons also hold any property on trust for the purposes of the school; and any such land or other property shall on the date of dissolution be transferred to, and by virtue of this Act vest in, those persons.

(6)If any doubt or dispute arises as to the persons to whom any land or other property within sub-paragraph (5) falls to be transferred under that sub-paragraph, it shall be treated as falling to be so transferred to such persons as the [F63appropriate authority] thinks proper.

Textual Amendments

F53Words 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))

F57Words in Sch. 22 para. 7(1) substituted (1.10.2002 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 118(6) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2005/2910, art. 4, Sch.

Notice by trustees terminating foundation or voluntary school’s occupation of existing siteE+W

8(1)This paragraph applies where trustees have given a notice falling within section 30(10) [F64or section 80(11) of the School Standards and Organisation (Wales) Act 2013] which is effective to terminate a foundation or voluntary school’s occupation of any land (“the relevant premises”).E+W

(2)If any expenditure has been incurred on the relevant premises as mentioned in section 30(2)(a) to (d) [F65or section 80(2) of the School Standards and Organisation (Wales) Act 2013], the [F66appropriate authority] may impose any requirements that [F67the appropriate authority] thinks just—

(a)in respect of the repayment by the trustees of all or part of any such expenditure which was incurred by [F68the appropriate authority];

(b)in respect of the transfer by the trustees to the [F53local authority] of the whole or part of the relevant premises where [F67the appropriate authority] is satisfied [F69the [F53local authority]] will need them for any purpose connected with education;

(c)(to the extent that the relevant premises are to be so transferred) in respect of the payment by [F69the [F53local authority]] to the trustees of so much of the value of those premises as is just having regard to the extent to which the premises were provided otherwise than at public expense;

(d)(to the extent that the relevant premises are not to be so transferred) in respect of the payment by the trustees to [F69the [F53local authority]] of so much of the value of those premises as is just having regard to the extent to which they were provided at public expense.

(3)In sub-paragraph (2) “at public expense” means at the expense of—

(a)the Funding Agency for Schools, or

(b)any [F53local authority] or an authority within section 30(2)(d).

Textual Amendments

F53Words 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))

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