Education Act 1993 (repealed)

45 Restriction on change of purpose for which property used or held. 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, in relation to any land or other property of the authority used or held for the purposes of the school, take without the required consent any action by which the land or other property ceases to any extent to be so used or held.

(2) In the case of anything done after proposals for acquisition of grant-maintained status have been approved, the required consent is that of the new governing body.

(3) In any other case the required consent is that of both the existing governing body and the Secretary of State.

(4) If in the case of any school—

(a) proposals for acquisition of grant-maintained status are approved, and

(b) a local authority have, in relation to any property, taken any action in contravention of subsection (1) above,

the provisions relating to the transfer of property shall have effect as if, immediately before the date of implementation of the proposals in relation to the school, the property were used or held by the authority for the purposes for which it was used or held when the procedure for acquisition of grant-maintained status was initiated.

(5) In this section—

(a) “the provisions relating to the transfer of property” means section 38 of this Act and section 198 of, and Schedule 10 to, the M1 Education Reform Act 1988, and

(b) the references to taking action include appropriating property for any purpose.

Modifications etc. (not altering text)

C2 Ss. 40-46 applied (with modifications) (1.4.1994) by S.I. 1994/653, regs. 2(2), 11

C3 S. 45(1)(2)(4) modified (1.1.1994) by S.I. 1993/3103, reg. 4, Sch.3

Marginal Citations

M1 1988 c. 40.