- Latest available (Revised)
- Point in Time (25/05/2007)
- Original (As enacted)
Version Superseded: 01/10/2013
Point in time view as at 25/05/2007.
School Standards and Framework Act 1998, Cross Heading: Disposal of land by trustees of foundation, voluntary or foundation special school is up to date with all changes known to be in force on or before 25 December 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
3(1)[F1Subject to sub-paragraph (2A),] this paragraph applies to any disposal by the trustees of a foundation, voluntary or foundation special school [F2in Wales] of—E+W
(a)any land acquired under section 60, 61 or 70 of the M1Education Act 1996, under paragraph 2, 4 or 9 of Schedule 3 or paragraph 16 or 20 of Schedule 6 (including that provision as applied by any enactment)[F3, under paragraph 5(4B)(d) of this Schedule] or under any regulations made under paragraph 5 of Schedule 8 F4...;
(b)any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred on or after the appointed day for the purposes of the school and treated by the local education authority as expenditure of a capital nature;
(c)any land acquired by the governing body of the school—
(i)under a transfer under section 201(1)(a) of the M2Education Act 1996, or
(ii)wholly or partly with the proceeds of disposal of any land so acquired,
and transferred by the governing body to be held on trust by the trustees;
F5(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)any land acquired, or enhanced in value, wholly or partly by means of—
(i)any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of the M3Education Act 1996), or
(ii)any grant paid under section 216(2) of that Act;
(f)any land acquired wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in paragraph F6... (e); or
(g)any land acquired, or enhanced in value, wholly or partly by means of any grant made in pursuance of a special agreement (as defined by section 32(5) of the M4Education Act 1996).
(2)If a voluntary aided school [F7in Wales] was, immediately before the appointed day, a controlled school within the meaning of the M5Education Act 1996, this paragraph also applies to any disposal by the trustees of the school of any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred under section 63 or 64 of that Act.
[F8(2A)Nothing in sub-paragraph (1) applies in relation to any disposal to the extent that it is a disposal to which paragraph 2A applies.]
(3)Where paragraph (a), (b) or (c) of sub-paragraph (1) or sub-paragraph (2) applies, the trustees shall notify the local education authority that that provision applies to them and they or their successors shall pay to the authority so much of the proceeds of disposal as may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the [F9Assembly].
(4)In making any determination under sub-paragraph (3), the trustees and the authority, or the [F10Assembly], as the case may be, shall have regard in particular to—
(a)the value, as at the date of the determination, of the land acquired from the authority;
(b)any enhancement in value of the land attributable to expenditure by the local education authority, the trustees or the governing body of the school on school buildings on the land; and
(c)any payments already made by the trustees to the authority—
(i)in respect of the current school site; or
(ii)under section 60(4) of the M6Education Act 1996 or under paragraph 2(6) of Schedule 3 or paragraph 16(5) of Schedule 6 to this Act.
(5)More than one determination may be made under sub-paragraph (3) in relation to a disposal of land within sub-paragraph (1) or (2) where it is just to do so, in particular where the disposal involves the creation of a lease.
(6)Sub-paragraph (1)(b) shall not apply in the case of any expenditure 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 trustees either before, or no later than 12 months after, the expenditure was incurred.
(7)Sub-paragraph (3) does not apply in the case of land acquired under section 60 or 61 of the M7Education Act 1996 or 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 M8Education Act 1996).
(8)Where paragraph F11... (e) or (f) of sub-paragraph (1) applies, the trustees shall notify the local education authority that that paragraph applies to them and they and their successors shall (subject to sub-paragraph (9)) undertake to the authority to use the proceeds of disposal—
(a)for the purposes of the school, or
(b)for the purposes—
(i)of any other existing foundation, voluntary or foundation special school, or
F12(ii)of any other proposed foundation, voluntary or foundation special school, whether or not proposals have yet been published under [F13any enactment] in respect of that proposed school.
(9)Where it appears to the [F14Assembly] that the trustees have not given a suitable undertaking under sub-paragraph (8), the [F14Assembly] may direct the trustees to pay to the authority either the whole or any part of the proceeds of disposal as [F15the Assembly] determines to be just.
(10)More than one direction may be given under sub-paragraph (9) 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.
(11)Where paragraph (g) of sub-paragraph (1) applies, the governing body of the school shall repay the grant referred to in that paragraph to the local education authority by whom the school is maintained, unless the governing body and the authority otherwise agree.
(12)Where the trustees of a foundation, voluntary or foundation special school [F16in 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 determination under sub-paragraph (3) or of any direction under sub-paragraph (9) shall be treated as proceeds of the disposal of the land.
Textual Amendments
F1Words in Sch. 22 para. 3(1) inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 5(2)(a) (with s. 119)
F2Words in Sch. 22 para. 3(1) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 7(2)(a); S.I. 2007/935, art. 7(p) (with art. 8(5))
F3Words in Sch. 22 para. 3(1)(a) inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 5(2)(b) (with s. 119)
F4Words in Sch. 22 para. 3(1)(a) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 7(2)(b), Sch. 18 Pt. 6; S.I. 2007/935, art. 7(p)(q) (with art. 8(5))
F5Sch. 22 para. 3(1)(d) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 7(2)(c), Sch. 18 Pt. 6; S.I. 2007/935, art. 7(p)(q) (with art. 8(5))
F6Words in Sch. 22 para. 3(1)(f) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 7(2)(d), Sch. 18 Pt. 6; S.I. 2007/935, art. 7(p)(q) (with art. 8(5))
F7Words in Sch. 22 para. 3(2) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 7(3); S.I. 2007/935, art. 7(p) (with art. 8(5))
F8Sch. 22 para. 3(2A) inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 5(3) (with s. 119)
F9Word in Sch. 22 para. 3(3) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 7(4); S.I. 2007/935, art. 7(p) (with art. 8(5))
F10Word in Sch. 22 para. 3(4) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 7(4); S.I. 2007/935, art. 7(p) (with art. 8(5))
F11Word in Sch. 22 para. 3(8) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 7(5), Sch. 18 Pt. 6; S.I. 2007/935, art. 7(p)(q) (with art. 8(5))
F12Words in Sch. 22 para. 3(8)(b)(ii) substituted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 118(4)(b) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
F13Words in Sch. 22 para. 3(8)(b)(ii) substituted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 118(4)(b) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
F14Word in Sch. 22 para. 3(9) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 7(6)(a); S.I. 2007/935, art. 7(p) (with art. 8(5))
F15Words in Sch. 22 para. 3(9) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 7(6)(b); S.I. 2007/935, art. 7(p) (with art. 8(5))
F16Words in Sch. 22 para. 3(12) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 7(7); S.I. 2007/935, art. 7(p) (with art. 8(5))
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: