School Standards and Framework Act 1998

Disposal of land by governing body of foundation, voluntary or foundation special school E+W

[F1 A1 (1) This paragraph applies to any disposal by the governing body of a foundation, voluntary or foundation special school in England of—

(a) any land acquired under a transfer under section 201(1)(a) of the Education Act 1996,

(b) any land acquired under any of the following—

• paragraph 2 of Schedule 3;

• paragraph 16 of Schedule 6 (including that provision as applied by any enactment);

• paragraph 5(4)(c), 5(4B)(d) or 8A of this Schedule;

• any regulations made under paragraph 5 of Schedule 8;

• paragraph 28(2) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment),

• [F2 paragraph 15(3)(d) or 16(6)(d) of Schedule 1 to the Academies Act 2010,]

(c) any land acquired under any regulations made under—

• section 24 of the Education and Inspections Act 2006 by virtue of subsection (3)(b) of that section, or

• section 27 of that Act by virtue of subsection (2)(b) of that section,

(d) any land acquired from a foundation body,

(e) any land acquired from the Funding Agency for Schools,

(f) 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 6 of Part 3 of the Education Act 1996),

(g) any land acquired, or enhanced in value, wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A27,

(h) 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 [F3 local authority] as expenditure of a capital nature, or

(i) 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 (h).

(2) But 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 established otherwise than under this Act.

(3) Sub-paragraph (1)(h) does not apply in the case of any expenditure incurred on or after the appointed day unless the authority—

(a) prepared an appropriate statement in relation to the expenditure, 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.

(4) An “appropriate statement” in relation to expenditure is a statement in writing which—

(a) contains 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

(b) indicates that the expenditure was being treated by the authority as expenditure of a capital nature.]

Textual Amendments

F1 Sch. 22 Pt. A1 inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 2; S.I. 2007/935, art. 7(p)

F2 Words in Sch. 22 para. A1(1)(b) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 14 para. 3; S.I. 2012/84, art. 3 (with art. 5)

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))