School Standards and Framework Act 1998

Changes over time for: Paragraph 5

Version Superseded: 05/05/2010

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Point in time view as at 31/03/2008.

Changes to legislation:

School Standards and Framework Act 1998, Paragraph 5 is up to date with all changes known to be in force on or before 17 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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5(1)This paragraph applies where—E+W

[F1(a)proposals to discontinue a foundation, voluntary or foundation special school have been approved, adopted [F2, confirmed] or determined to be implemented under any enactment, or]

(b)the [F3appropriate authority] has given a direction—

[F4(i)under section 19(1) requiring a foundation, voluntary or foundation special school in Wales to be discontinued,

(ii)under section 32(1) requiring a foundation special school in Wales to be discontinued,

(iii)under section 68(1) of the Education and Inspections Act 2006 requiring a foundation, voluntary or foundation special school in England to be discontinued, or

(iv)under section 17(1) of that Act requiring a foundation special school in England to be discontinued.]

(2)The governing body of the school shall apply to the [F5appropriate authority for it to exercise its powers under sub-paragraph (4) below in relation to—

(a)if the school is in England, any land falling within paragraphs (a) to (i) of paragraph A1(1) other than land falling within sub-paragraph (2A), or

(b)if the school is in Wales, any land falling within paragraphs (a) to (f) of paragraph 1(1),

which is held by the body for the purposes of the school.]

[F6(2A)Land falls within this sub-paragraph if it is—

(a)land falling within paragraph (g) of paragraph A1(1) by virtue of being land enhanced in value as mentioned in that paragraph, or

(b)land falling within paragraph (i) of paragraph A1(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.

(2B)If the school is in England and the governing body dispose of any land falling within sub-paragraph (2A) which is held by them for the purposes of the school, paragraph A1 shall apply to them.]

(3)Where the school is a member of the group for which a foundation body acts, the body shall apply to the [F7appropriate authority for it to exercise its powers under sub-paragraph (4) below in relation to—

(a)if the school is in England, any land falling within paragraphs (a) to (h) of paragraph A7(1) other than land falling within sub-paragraph (3A), or

(b)if the school is in Wales, any land falling within paragraphs (a) to (f) of paragraph 2(1),

which is held by the body for the purposes of the schools comprising the group.]

[F8(3A)Land falls within this sub-paragraph if it is—

(a)land falling within paragraph (f) of paragraph A7(1) by virtue of being land enhanced in value as mentioned in that paragraph, or

(b)land falling within paragraph (h) of paragraph A7(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.

(3B)If the school is in England and the foundation body disposes of any land falling within sub-paragraph (3A) which is held by it for the purposes of the schools comprising the group, paragraph A7 shall apply to it.]

(4)On an application under sub-paragraph (2) or (3), the [F9appropriate authority] may do one or more of the following, namely—

[F10(a)require the land or any part of the land to be transferred to such local authority as the appropriate authority may specify, subject to the payment by that local authority of such sum by way of consideration (if any) as the appropriate authority determines to be appropriate;]

(b)direct the governing body or the foundation body, as the case may be, to pay, either to [F11the appropriate authority] or to such local authority as [F11the appropriate authority] may specify, the whole or any part of the value, as at the date of the direction, of the whole or any part of the land referred to in sub-paragraph (2) or (3), as the case may be; and

(c)in a case where the discontinuance of the school is connected with proposals under [F12any enactment] to establish, or to make a prescribed alteration to, any other school or schools, require the land or any part of the land to be transferred to the governing body of such maintained school or the temporary governing body of such new school as [F13the appropriate authority] may specify.

[F14(4ZA)Where the school is in England, the trustees of the school shall apply to the appropriate authority for it to exercise its powers under sub-paragraph (4B) in relation to any land falling within paragraph A13(1), (2) or (3), other than land falling within sub-paragraph (4ZB), which is held by the trustees for the purposes of the school.

(4ZB)Land falls within this sub-paragraph if it is—

(a)land falling within paragraph (j) of paragraph A13(1) by virtue of being land enhanced in value as mentioned in that paragraph, or

(b)land falling within paragraph (k) of paragraph A13(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.]

[F15(4A)Where the school [F16is in Wales and] is a foundation or foundation special school which has a foundation, the trustees of the school shall apply to the [F17appropriate authority for it to exercise its] powers under sub-paragraph (4B) in relation to any land falling within paragraph 2A(1)(a), (b) or (c) which is held by the trustees for the purposes of the school.

(4B)On an application under sub-paragraph [F18(4ZA) or] (4A), the [F19appropriate authority] may do one or more of the following, namely—

[F20(a)require the land or any part of the land to be transferred to such local authority as the appropriate authority may specify, subject to the payment by that local authority of such sum by way of consideration (if any) as the appropriate authority determines to be appropriate;]

(b)where the trustees have power to use the land [F21—

(i)in the case of a school in England, for the purposes of another foundation, voluntary or foundation special school, or

(ii)in the case of a school in Wales, for the purposes of another foundation or foundation special school or for the purposes of a voluntary school,

direct the trustees to exercise that power in such manner as the appropriate authority may specify;]

(c)direct the trustees to pay to such local authority as [F22the appropriate authority] may specify the whole or any part of the value, as at the date of the direction, of the whole or any part of the land referred to in sub-paragraph [F23(4ZA) or, as the case may be,] (4A); and

(d)in a case where the discontinuance of the school is connected with proposals under any enactment to establish, or to make a prescribed alteration to, any other school or schools, require the land or any part of the land to be transferred—

(i)to the trustees, foundation body or governing body of such maintained school as [F24the appropriate authority] may specify, or

(ii)to the trustees, foundation body or temporary governing body of such new school as [F24the appropriate authority] may specify.]

(5)Where the governing body [F25, foundation body or trustees] fail to make an application as required by sub-paragraph [F26(2), (3) [F27, (4ZA)] or (4A)], as the case may be, the [F28appropriate authority] may nevertheless make any such requirement or give any such direction as is mentioned in sub-paragraph [F29(4) or (4B), as the case may be].