Textual Amendments
F1Sch. 35A inserted (26.7.2002) by Education Act 2002 (c. 32), ss. 65(3), 216(2), Sch. 7 para. 1 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2
3(1)This paragraph applies if an authority makes a disposal or enters into a contract or grants an option in contravention of paragraph 2(2).E+W
(2)In the case of a grant of an option, the Secretary of State may by notice served on the option holder repudiate the option at any time before it is exercised.
(3)In the case of a contract to make a disposal in respect of an interest, the Secretary of State may by notice served on the other party to the contract repudiate it at any time before a conveyance of the interest is executed.
(4)A repudiation under sub-paragraph (2) or (3) has effect—
(a)when the notice is served, and
(b)as if the repudiation were made by the authority.
(5)In the case of a disposal in respect of an interest (whether or not in pursuance of an option or contract falling within sub-paragraph (2) or (3)) the Secretary of State may purchase the interest concerned compulsorily.
(6)The Acquisition of Land Act 1981 (c. 67) is to apply in relation to the compulsory purchase of an interest under sub-paragraph (5).
(7)On completion of a compulsory purchase of an interest under sub-paragraph (5) the Secretary of State must transfer it to a person concerned with the running of an Academy.
(8)If the Secretary of State acquires an interest by compulsory purchase under sub-paragraph (5) he is entitled to recover from the authority an amount equal to the aggregate of—
(a)the compensation agreed or awarded in respect of the purchase,
(b)any interest payable by him in respect of the compensation, and
(c)the costs and expenses incurred by him in connection with the making of the compulsory purchase order.
(9)The authority must provide the Secretary of State with such information as he may require it to provide in connection with a compulsory purchase under sub-paragraph (5).]