41 Control of disposals of land.E+W
(1)During any period when the procedure for acquisition of grant-maintained status is pending in relation to a school, a local authority shall not—
(a)dispose of any land used wholly or partly for the purposes of the school, or
(b)enter into a contract to dispose of any such land,
except with the required consent.
(2)Subsection (1) above does not apply in relation to a disposal which is made in pursuance of a contract entered into, or an option granted, before the procedure for acquisition of grant-maintained status was initiated in relation to the school.
(3)Where proposals for acquisition of grant-maintained status are approved, the procedure for acquisition of grant-maintained status is not to be treated as terminated for the purposes of this section and section 42 of this Act in relation to any land where agreement is required to be reached under paragraph 2(1) of Schedule 10 to the M1Education Reform Act 1988 (identification of property, etc.) on any matter relating to that land until the date on which that matter is finally determined.
(4)In the case of a disposal made or contract entered into after proposals for acquisition of grant-maintained status have been approved, the required consent—
(a)if it is agreed between the local authority and the new governing body that the value of the land in question does not exceed £6,000, is the consent of the new governing body, and
(b)if paragraph (a) above does not apply, is the consent of both the new governing body and the Secretary of State.
(5)In any other case the required consent for any proposed disposal (and for any contract to make it) is the consent of both the existing governing body and the Secretary of State.
(6)A disposal or contract shall not be invalid or void by reason only that it has been made or entered into in contravention of this section; and (subject to section 42 of this Act) a person acquiring land, or entering into a contract to acquire land, from a local authority shall not be concerned to enquire whether any consent required by this section has been given.
(7)This section has effect notwithstanding anything in section 123 of the M2Local Government Act 1972 (general power to dispose of land) or in any other enactment; and the consent required by this section shall be in addition to any consent required by subsection (2) of that section or by any other enactment.
(8)In this section—
(a)references to disposing of land include granting or disposing of any interest in land, and
(b)references to entering into a contract to dispose of land include granting an option to acquire land or such an interest.
(9)Where a proposed disposal forms part of a proposed series of transactions, all disposals forming part of that series shall be treated as one disposal for the purposes of this section.
(10)The Secretary of State may by order substitute for the sum specified in subsection (4) above (whether as originally enacted or as previously amended by an order under this subsection) such sum as may be specified in the order.
Modifications etc. (not altering text)
C2Ss. 40-46 applied (with modifications) (1.4.1994) by S.I. 1994/653, regs. 2(2), 11
C3S. 41(1)-(4) modified (1.1.1994) by S.I. 1993/3103, reg. 4, Sch.3
Marginal Citations