School Standards and Framework Act 1998

[F1Disposal of land by trustees of foundation school or foundation special schoolE+W

Textual Amendments

F1Sch. 22 para. 2A and cross-heading inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 4 (with s. 119)

2A(1)This paragraph applies to any disposal by the trustees of a foundation or foundation special school [F2in Wales] of—E+W

(a)any land acquired under paragraph 2 of Schedule 3, under paragraph 16 of Schedule 6 (including that provision as applied by any enactment), under paragraph 5(4B)(d) of this Schedule or under any regulations made under paragraph 5 of Schedule 8,

(b)any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired as mentioned in paragraph (a), or

(c)any land falling within sub-paragraph (2) which was acquired by the trustees from the governing body of the school or of another foundation or foundation special school.

(2)Land falls within this sub-paragraph if—

(a)it had been acquired by the governing body—

(i)under a transfer under section 201(1)(a) of the Education Act 1996, or

(ii)under any of the provisions mentioned in sub-paragraph (1)(a), or

(b)it had been acquired by the governing body, or enhanced in value, wholly or partly with the proceeds of disposal of land acquired as mentioned in paragraph (a).

(3)The trustees shall not make any disposal to which this paragraph applies without the written consent of the [F3Assembly].

(4)Where the trustees apply to the [F4Assembly] for [F5its] consent to any such disposal and [F6the Assembly] decides to give that consent, [F6the Assembly] 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 [F6the Assembly] may specify, subject to the payment by that authority of such sum by way of consideration (if any) as [F6the Assembly] determines to be appropriate; and

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

(i)a direction to pay to such local authority as [F6the Assembly] may specify the whole or any part of the proceeds of the disposal; and

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

(5)More than one direction may be given under sub-paragraph (4)(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.

(6)Where the trustees of a foundation or foundation special school [F7in Wales] wish, in the case of any land held by them for the purposes of the school, to use the land for purposes not connected with the provision of education in maintained schools—

(a)the preceding provisions of this paragraph shall apply as if any such change of use of the land were a disposal of the land; and

(b)the value of the land as at the date of any direction under sub-paragraph (4)(b)(i) or (ii) shall be treated as proceeds of the disposal of the land.]

Textual Amendments