(1)For the purposes of sections 297 and 298, the funding authority are to be regarded as paying capital grant in respect of the transfer of a school to a new site if they pay capital grant in respect of the acquisition of the new site or the provision on that site of the school buildings or of any other buildings forming part of the new school premises.
(2)In sections 296 to 300 “trustees of the school” means any person (other than the governing body) holding property on trust for the purposes of the school.
(3)For the purposes of sections 297 to 300—
(a)a governing body or trustees are to be regarded as disposing of any premises if those premises are acquired from them, whether compulsorily or otherwise, and
(b)“proceeds of disposal”, in relation to a disposal of premises by a governing body or trustees, means the compensation or purchase money paid in respect of the acquisition from them of those premises.
(4)In subsection (3)—
(a)references to the acquisition of premises from a governing body or trustees include, in the case of any premises held under a tenancy to which Part II of the M1Landlord and Tenant Act 1954 (“the 1954 Act”) applies, the termination of that tenancy under that Part of that Act, and
(b)the reference to the purchase money paid in respect of such an acquisition includes any compensation paid by the landlord on the quitting of any such premises by the governing body or trustees (whether or not the compensation is required to be paid by section 37 of that Act (compensation where order for new tenancy precluded on certain grounds)).
(5)In subsection (4) expressions to which a meaning is given for the purposes of the 1954 Act have the same meaning as in that Act.
Marginal Citations