Discontinuance of foundation or voluntary school by notice given by its governing body: land and premisesE+W
6(1)This paragraph applies where the governing body of a foundation or voluntary school apply for the [F1appropriate authority's] consent to serve a notice under section 30(1).E+W
(2)If the [F2appropriate authority] gives such consent, [F3the appropriate authority] may impose any requirements in relation to the governing body or, where the school is a member of the group for which a foundation body acts, the foundation body that [F3the appropriate authority] thinks just—
(a)in respect of the repayment of all or part of any expenditure incurred by [F4the appropriate authority] as mentioned in section 30(2);
(b)in respect of the transfer to the [F5local authority] of any premises used for the purposes of the school which [F3the appropriate authority] is satisfied [F6the [F5local authority]] will need for any purpose connected with education;
(c)(where any premises are to be so transferred) in respect of the payment by [F6the [F5local authority]] of so much of the value of those premises as is just having regard to the extent to which the premises were provided otherwise than at public expense;
(d)(where any premises used for the purposes of the school are not to be so transferred) in respect of the payment by the governing body or the foundation body, as the case may be, to [F6the [F5local authority]] of so much of the value of those premises as is just having regard to the extent to which they were provided at public expense.
(3)In sub-paragraph (2) “at public expense” means at the expense of—
(a)the Funding Agency for Schools, or
(b)any [F5local authority] or an authority within section 30(2)(d).
[F7(3A)Where the school is in England and the trustees of the school—
(a)dispose of any land falling within paragraph A13(1), (2) or (3), or
(b)wish to use any such land for purposes not connected with the provision of education in maintained schools,
paragraph A13 shall apply to them.]
(4)Where [F8the school is in Wales and] the trustees of the school—
(a)dispose of any land falling within paragraph 3(1) or (2), or
(b)wish to use any such land for purposes not connected with the provision of education in maintained schools,
paragraph 3 shall apply to them.
Textual Amendments
F1Words in Sch. 22 para. 6(1) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 10(2); S.I. 2007/935, art. 7(p)
F2Words in Sch. 22 para. 6(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 10(3)(a); S.I. 2007/935, art. 7(p)
F3Word in Sch. 22 para. 6(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 10(3)(b); S.I. 2007/935, art. 7(p)
F4Words in Sch. 22 para. 6(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 10(3)(d); S.I. 2007/935, art. 7(p)
F5Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))
F6Words in Sch. 22 para. 6(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 10(3)(c); S.I. 2007/935, art. 7(p)
F7Sch. 22 para. 6(3A) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 10(4); S.I. 2007/935, art. 7(p)
F8Words in Sch. 22 para. 6(4) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 10(5); S.I. 2007/935, art. 7(p)