School Standards and Framework Act 1998

Changes over time for: Paragraph 1

Version Superseded: 01/10/2013

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Point in time view as at 01/09/2012.

Changes to legislation:

School Standards and Framework Act 1998, Paragraph 1 is up to date with all changes known to be in force on or before 10 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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1(1)[F1Subject to sub-paragraph (1A),] this paragraph applies to any disposal by the governing body of a foundation, voluntary or foundation special school [F2in Wales] of—E+W

F3(a)any land acquired under a transfer under section 201(1)(a) of the M1Education Act 1996, or acquired under paragraph 2 of Schedule 3 or paragraph 16 of Schedule 6 [F4(including that provision as applied by any enactment)] or paragraph 5(4)(c) [F5or 5(4B)(d)] of this Schedule or under any regulations made under paragraph 5 of Schedule 8;

(b)any land acquired from a foundation body;

F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)any land acquired, or enhanced in value, wholly or partly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of the M2Education Act 1996);

(e)any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred for the purposes of the school and treated by the [F7local authority] as expenditure of a capital nature; or

(f)any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in any of paragraphs (a) to (e).

[F8(1A)This paragraph does not apply to any disposal which—

(a)is made by the governing body of a foundation or foundation special school after the commencement of this sub-paragraph, and

(b)is a disposal to the trustees of the school made on the school becoming a school with a foundation [F9established otherwise than under this Act].]

(2)The governing body shall not make [F10any disposal to which this paragraph applies] without the written consent of the [F11Assembly].

(3)Where the governing body apply to the [F12Assembly] for [F13its] consent to any such disposal [F14and [F15the Assembly] decides to give that consent], [F15the Assembly] may do one or more of the following, namely—

(a)require the land or any part of the land to be transferred to such local authority as [F15the Assembly] may specify, subject to the payment by that authority of such sum by way of consideration (if any) as [F15the Assembly] determines to be appropriate; and

(b)give the governing body, when the land or any part of the land is disposed of—

(i)a direction to pay, either to [F16the Assembly] or to such local authority as [F15the Assembly] may specify, the whole or any part of the proceeds of disposal; and

(ii)a direction as to the use to which the whole or any part of the proceeds of disposal should be put.

(4)More than one direction may be given under sub-paragraph (3)(b)(i) in relation to a disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.

(5)Sub-paragraph (1)(e) shall not apply in the case of any expenditure incurred on or after the appointed day unless the authority—

(a)prepared a statement in writing—

(i)containing details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and

(ii)indicating that the expenditure was being treated by them as expenditure of a capital nature; and

(b)sent a copy of the statement to the governing body either before, or no later than 12 months after, the expenditure was incurred.

Textual Amendments

F1Words in Sch. 22 para. 1(1) inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 2(2)(a) (with s. 119)

F2Words in Sch. 22 para. 1(1) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 4(2)(a); S.I. 2007/935, art. 7(p) (with art. 8(5))

F3Words in Sch. 22 para. 1(1)(a) inserted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 118(2) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4