Part IX Ancillary functions
Chapter II Ancillary functions of local education authorities
Acquisition and holding of property
530 Compulsory purchase of land.
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 ActF5, 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 section 70 of the Education Act 2002, 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 F1foundation, 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.
F43
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 F2under 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)F3(including that provision as applied by any enactment).
4
In this section “land” includes buildings and other structures and land covered with water.