SCHEDULE 22 Disposals of land in case of certain schools and disposals on discontinuance
F1Part A1Foundation, voluntary and foundation special schools in England: disposals of land
Disposal of land by trustees of foundation, voluntary or foundation special school
F2A13A
(1)
This paragraph applies to a disposal of land to which sub-paragraph (1), (2) or (3) of paragraph A13 applies.
(2)
But this paragraph only applies to a disposal if, or to the extent that, it comprises a disposal of non-playing field land which does not fall within sub-paragraph (5).
(3)
“Non-playing field land” means land which does not include playing fields within the meaning of section 77.
(4)
Accordingly, in this paragraph, paragraphs A14 to A17 and paragraph A19—
(a)
references to the disposal are to the disposal by the trustees of the non-playing field land, and
(b)
references to the land are to that non-playing field land.
(5)
A disposal of non-playing field land falls within this sub-paragraph if it is a disposal of—
(a)
land acquired under section 60 or 61 of the Education Act 1996, or
(b)
land acquired under paragraph 2 or 4 of Schedule 3 to this Act,
by the trustees of an institution which is, or has at any time been, within the further education sector (as defined by section 4(3) of the Education Act 1996).
(6)
The trustees must give the Secretary of State notice of their intention to dispose of the land.
(7)
On receipt of the notice, the Secretary of State must—
(a)
decide whether to make a direction under paragraph 12 of Schedule 1 to the Academies Act 2010 (transfer to Academy) in respect of the land, and
(b)
notify the trustees of that decision.
(8)
The trustees may not dispose of the land until they have been notified of the Secretary of State's decision.
(9)
If the Secretary of State decides to make a direction in respect of the land, the trustees may not dispose of the land except in accordance with the direction.