- Latest available (Revised)
- Original (As enacted)
Education and Inspections Act 2006, Paragraph 9 is up to date with all changes known to be in force on or before 29 August 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
9(1)Paragraph 5 is amended as follows.E+W
(2)In sub-paragraph (1)(b)—
(a)for “Secretary of State” substitute “ appropriate authority ”, and
(b)for sub-paragraphs (i) and (ii) substitute—
“(i)under section 19(1) requiring a foundation, voluntary or foundation special school in Wales to be discontinued,
(ii)under section 32(1) requiring a foundation special school in Wales to be discontinued,
(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.”
(3)In sub-paragraph (2) for the words from “Secretary of State” to the end substitute “appropriate 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. ”
(4)After sub-paragraph (2) insert—
“(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.”
(5)In sub-paragraph (3) for the words from “Secretary of State” to the end substitute “appropriate 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. ”
(6)After sub-paragraph (3) insert—
“(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.”
(7)In sub-paragraph (4)—
(a)for “Secretary of State” substitute “ appropriate authority ”,
(b)for paragraph (a) substitute—
“(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;”,
(c)in paragraph (b) for “him” and “he” substitute “ the appropriate authority ”, and
(d)in paragraph (c) for “he” substitute “ the appropriate authority ”.
(8)After sub-paragraph (4) insert—
“(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.”
(9)In sub-paragraph (4A)—
(a)after “Where the school” insert “ is in Wales and ”, and
(b)for “Secretary of State for him to exercise his” substitute “ appropriate authority for it to exercise its ”.
(10)In sub-paragraph (4B)—
(a)after “under sub-paragraph” insert “ (4ZA) or ”,
(b)for “Secretary of State” substitute “ appropriate authority ”,
(c)for paragraph (a) substitute—
“(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;”,
(d)in paragraph (b) for the words from “for the purposes of another” to the end substitute “—
(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 or foundation special 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; ”,
(e)in paragraph (c) after “sub-paragraph” insert “ (4ZA) or, as the case may be, ”, and
(f)in paragraphs (c) and (d) for “he”, wherever occurring, substitute “ the appropriate authority ”.
(11)In sub-paragraph (5)—
(a)after “(3)” insert “ , (4ZA) ”, and
(b)for “Secretary of State” substitute “ appropriate authority ”.
(12)After that sub-paragraph insert—
“(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,
paragraph A13 shall apply to them.”
(13)In sub-paragraph (6) after “Where” insert “ the school is in Wales and ”.
Commencement Information
I1Sch. 4 para. 9 in force at 25.5.2007 by S.I. 2007/935, art. 7(p)
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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?
The Whole Act without Schedules 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?
The Schedules 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?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: 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.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: