Education Act 1996

Acquisition and holding of property E+W

529 Power to accept gifts on trust for educational purposes. E+W

(1) A local education authority may accept, hold and administer any property on trust for purposes connected with education.

(2) Any intention on the part of a local education authority that a school (other than a nursery school or a special school) should be vested in the authority as trustees shall be treated for the purposes of [F1 sections 28 and 28A of the School Standards and Framework Act 1998 and section 66 of the Education Act 2005 as an intention to establish a new community school (so that proposals for that purpose shall be published in accordance with those sections); and Schedule 6 to the School Standards and Framework Act 1998 or Schedule 10 to the Education Act 2005 (which relate to statutory proposals) shall apply accordingly].

(3) Any school which in accordance with subsection (2) is vested in a local education authority as trustees shall be [F2 a community school].

Textual Amendments

F1 Words in s. 529(2) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 2; S.I. 2006/2129, art. 4

F2 Words in s. 529(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 145(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

530 Compulsory purchase of land. E+W

(1) The Secretary of State may authorise a local education authority to purchase compulsorily any land (whether within or outside their area) which—

(a) is required for the purposes of any school or institution which is, or is to be, maintained by them or which they have power to assist, or

(b) is otherwise required for the purposes of their functions under this Act [F3 , or

(c) is required for the purposes of any Academy which has been or is to be established as a result of the implementation of proposals made pursuant to a notice published by the local education authority under [F4 section 66 of the Education Act 2005] , and forms the whole or part of the site identified in that notice in accordance with subsection (3)(a) of that section.]

(2) The Secretary of State shall not authorise the compulsory purchase of any land required for the purposes of a [F5 foundation, voluntary or foundation special school] unless he is satisfied that the arrangements made—

(a) as to the vesting of the land to be purchased, and

(b) as to the appropriation of that land for the purposes of the school,

are such as to secure that the expenditure ultimately borne by the local education authority will not include any expenditure which, if the land had been purchased by the governing body of the school, would have fallen to be borne by the governing body.

(3) Subsection (2) shall not, however, apply where the local education authority propose that expenditure to be incurred in connection with the purchase should ultimately be borne by them [F6 under paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (power to give assistance to governing body of voluntary aided school in carrying out statutory proposals)][F7 (including that provision as applied by any enactment)].

(4) In this section “land” includes buildings and other structures and land covered with water.

Textual Amendments

F3 S. 530(1)(c) and word inserted (1.6.2003) by Education Act 2002 (c. 32), s. 216(2), Sch. 8 para. 9(2) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 2

F4 Words in s. 530(1)(c) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 3; S.I. 2006/2129, art. 4

F5 Words in s. 530(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 146(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F6 Words in s. 530(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 146(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F7 Words in s. 530(3) inserted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 53 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

531 Acquisition of land by agreement. E+W

(1) For the removal of doubt, it is declared that making land available for the purposes of a school or institution—

(a) which is, or is to be, maintained by a local education authority, or

(b) which such an authority have power to assist,

is a function of the authority within the meaning of section 120 of the M1 Local Government Act 1972 (which relates to the acquisition by a local authority by agreement of land for the purpose of any of their functions), even though the land will not be held by the authority.

(2) A local education authority shall not acquire by agreement any land required for the purposes of [F8 foundation, voluntary or foundation special school] unless they are satisfied that the arrangements made—

(a) as to the vesting of the land to be acquired, and

(b) as to the appropriation of that land for the purposes of the school,

are such as to secure that the expenditure ultimately borne by them will not include any expenditure which, if the land had been acquired by the governing body of the school, would have fallen to be borne by the governing body.

Textual Amendments

F8 Words in s. 531(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.147 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Marginal Citations

M1 1972 c. 70.