Textual Amendments
F1Sch. 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)
A14(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 A15 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 local education authority notice of their intention to dispose of the land.
(7)That notification must specify—
(a)the relevant capital expenditure upon which it is proposed the publicly funded proceeds of disposal are to be used, and
(b)the estimated amount of the proceeds of disposal.
(8)For the purposes of this paragraph and paragraphs A15 and A16, the “publicly funded proceeds of disposal” means the proceeds of disposal which are attributable to the land having been acquired or enhanced in value, or both, as the case may be, as mentioned in the relevant paragraph or paragraphs of sub-paragraph (1), (2) or (3) of paragraph A13.
(9)The authority may, within the requisite period, give the trustees any or all of the following—
(a)notice of their objection to the disposal, giving reasons for their objection;
(b)notice of their objection to the proposed use of the publicly funded proceeds of disposal, giving reasons for their objection;
(c)notice of their claim to the whole or a part of the publicly funded proceeds of disposal.
(10)The “requisite period” means the period of 6 weeks beginning with the date upon which the trustees gave notification of the disposal to the authority under sub-paragraph (6).
(11)A notice given under sub-paragraph (9) may be withdrawn at any time by the authority giving the trustees notice to that effect.
(12)The trustees may not make the disposal within the requisite period unless within that period—
(a)the authority give the trustees notice that they relinquish any right to give notice under sub-paragraph (9)(a) in relation to the disposal, or
(b)in a case where the authority give notice of their objection to the disposal in accordance with sub-paragraph (9)(a), the relevant requirements in relation to such a notice are met.
(13)If the authority give notice of their objection to the disposal in accordance with sub-paragraph (9)(a), the trustees may not make the disposal on or after the expiry of the requisite period until the relevant requirements in relation to such a notice are met.
(14)The “relevant requirements” in relation to a notice given under sub-paragraph (9)(a) are met if—
(a)the adjudicator has approved the disposal on a reference made under paragraph A15(1), or
(b)the authority have withdrawn notice of their objection to the disposal in accordance with sub-paragraph (11).
(15)If the authority give either or both of the following notices in relation to the disposal in accordance with sub-paragraph (9)—
(a)notice of their objection to the proposed use of the publicly funded proceeds of disposal under sub-paragraph (9)(b);
(b)notice of their claim to the whole or a part of the publicly funded proceeds of disposal under sub-paragraph (9)(c),
the trustees may not use the publicly funded proceeds of disposal until the relevant requirements in relation to each notice so given are met.
(16)The “relevant requirements” in relation to a notice given under sub-paragraph (9)(b) are met if—
(a)the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has been determined in accordance with paragraph A15(2), or
(b)the authority have withdrawn notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with sub-paragraph (11).
(17)The “relevant requirements” in relation to a notice given under sub-paragraph (9)(c) are met if—
(a)the “appropriate amount” has been determined in accordance with paragraph A15(3), or
(b)the authority have withdrawn notice of their claim in accordance with sub-paragraph (11).
(18)In its application in the case of a disposal of land to which sub-paragraph (1), (2) or (3) of paragraph A13 applies by virtue of sub-paragraph (7) of that paragraph, this paragraph is modified as follows—
(a)in sub-paragraph (7) for paragraphs (a) and (b) substitute “the purposes for which it is proposed the land is to be used”,
(b)in sub-paragraph (9)—
(i)omit paragraphs (a) and (c), and
(ii)in paragraph (b), for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”,
(c)in sub-paragraph (15)—
(i)for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”, and
(ii)for “use the publicly funded proceeds of disposal” substitute “use the land for purposes not connected with the provision of education in maintained schools”, and
(d)in sub-paragraph (16)—
(i)for “relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has” substitute “purposes for which the land is to be used have”, and
(ii)for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”.]