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School Standards and Framework Act 1998

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Changes over time for: Cross Heading: Disposal of land by governing body of foundation, voluntary or foundation special school

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Version Superseded: 25/05/2007

Status:

Point in time view as at 07/06/2005.

Changes to legislation:

School Standards and Framework Act 1998, Cross Heading: Disposal of land by governing body of foundation, voluntary or foundation special school is up to date with all changes known to be in force on or before 06 January 2025. 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. Help about Changes to Legislation

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

1(1)[F1Subject to sub-paragraph (1A),] this paragraph applies to any disposal by the governing body of a foundation, voluntary or foundation special school of—E+W

F2(a)any land acquired under a transfer under section 201(1)(a) of the M1Education Act 1996, or acquired under paragraph 2 of Schedule 3 or paragraph 16 of Schedule 6 [F3(including that provision as applied by any enactment)] or paragraph 5(4)(c) [F4or 5(4B)(d)] of this Schedule or under any regulations made under paragraph 5 of Schedule 8;

(b)any land acquired from a foundation body;

(c)any land acquired from the Funding Agency for Schools;

(d)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 VI of Part III of the M2Education Act 1996);

(e)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 local education authority as expenditure of a capital nature; or

(f)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 (e).

[F5(1A)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 falling within section 21(1)(a).]

(2)The governing body shall not make [F6any disposal to which this paragraph applies] without the written consent of the Secretary of State.

(3)Where the governing body apply to the Secretary of State for his consent to any such disposal [F7and he decides to give that consent], he may do one or more of the following, namely—

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

(b)give the governing body, when the land or any part of the land is disposed of—

(i)a direction to pay, either to him or to such local authority as he may specify, the whole or any part of the proceeds of disposal; and

(ii)a direction as to the use to which the whole or any part of the proceeds of disposal should be put.

(4)More than one direction may be given under sub-paragraph (3)(b)(i) in relation to a disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.

(5)Sub-paragraph (1)(e) shall not apply in the case of any expenditure incurred on or after the appointed day unless the authority—

(a)prepared a statement in writing—

(i)containing 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

(ii)indicating that the expenditure was being treated by them as expenditure of a capital nature; 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.

Textual Amendments

F1Words in Sch. 22 para. 1(1) inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 2(2)(a) (with s. 119)

F2Words in Sch. 22 para. 1(1)(a) inserted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 118(2) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F3Words in Sch. 22 para. 1(1)(a) inserted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 118(2) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F4Words in Sch. 22 para. 1(1)(a) inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 2(2)(b) (with s. 119)

F5Sch. 22 para. 1(1A) inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 2(3) (with s. 119)

F6Words in Sch. 22 para. 1(2) substituted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 2(4) (with s. 119)

F7Words in Sch. 22 para. 1(3) inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 2(5) (with s. 119)

Marginal Citations

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