SCHEDULES

SCHEDULE 22 Disposals of land in case of certain schools and disposals on discontinuance

Part II Maintained schools: disposals on discontinuance

Discontinuance of foundation or voluntary school by notice given by its governing body: land and premises

6

(1)

This paragraph applies where the governing body of a foundation or voluntary school apply for the F1appropriate authority's consent to serve a notice under section 30(1) F2or section 80 of the School Standards and Organisation (Wales) Act 2013.

(2)

If the F3appropriate authority gives such consent, F4the appropriate authority may impose any requirements in relation to the governing body or, where the school is a member of the group for which a foundation body acts, the foundation body that F4the appropriate authority thinks just—

(a)

in respect of the repayment of all or part of any expenditure incurred by F5the appropriate authority as mentioned in section 30(2) F6or section 80(2) of the School Standards and Organisation (Wales) Act 2013;

(b)

in respect of the transfer to the F7local authority of any premises used for the purposes of the school which F4the appropriate authority is satisfied F8the F7local authority will need for any purpose connected with education;

(c)

(where any premises are to be so transferred) in respect of the payment by F8the F7local authority of so much of the value of those premises as is just having regard to the extent to which the premises were provided otherwise than at public expense;

(d)

(where any premises used for the purposes of the school are not to be so transferred) in respect of the payment by the governing body or the foundation body, as the case may be, to F8the F7local authority of so much of the value of those premises as is just having regard to the extent to which they were provided at public expense.

(3)

In sub-paragraph (2) “at public expense” means at the expense of—

(a)

the Funding Agency for Schools, or

(b)

any F7local authority or an authority within section 30(2)(d).

F9(3A)

Where the school is in England and the trustees of the school—

(a)

dispose of any land falling within paragraph A13(1), (2) or (3), or

(b)

wish to use any such land for purposes not connected with the provision of education in maintained schools,

paragraph A13 shall apply to them.

(4)

Where F10the school is in Wales and the trustees of the school—

(a)

dispose of any land falling within paragraph 3(1) or (2), or

(b)

wish to use any such land for purposes not connected with the provision of education in maintained schools,

paragraph 3 shall apply to them.