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School Standards and Framework Act 1998, Cross Heading: Obligations of governing bodies is up to date with all changes known to be in force on or before 31 August 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.
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[F13(1)In the case of a voluntary aided school, the governing body of the school are responsible for meeting all capital expenditure in relation to the school premises subject to sub-paragraph (2) below.E
(2)The duty in sub-paragraph (1) does not extend—
(a)to capital expenditure in relation to playing fields or any building or other structure erected thereon in connection with the use of playing fields, but does extend to capital expenditure in relation to boundary walls and fences;
(b)to capital expenditure necessary in consequence of the use of the school premises, in pursuance of a direction or requirement of the [F2local authority], for purposes other than those of the school;
(c)to capital expenditure on the provision of any new site which the [F2local authority] is to provide by virtue of paragraph 4 of this Schedule.
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Extent Information
E1This version of this provision extends to England only; a separate version has been created for Wales.
Textual Amendments
F1Sch. 3 para. 3 substituted (E.) (1.4.2002) by The Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 (S.I. 2002/906), art. 5 (with arts. 13, 15)
F2Words 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))
F3Sch. 3 para. 3(3) repealed (25.5.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 35(2), 188(3), Sch. 18 Pt. 6; S.I. 2007/935, art. 7(j)
3(1)In the case of a voluntary aided school, the expenses of discharging any liability incurred by or on behalf of—W
(a)the governing body of the school,
(b)any former governors of the school, or
(c)any trustees of the school,
in connection with the provision of premises or specified equipment for the purposes of the school are payable by the governing body of the school.
In this sub-paragraph “specified equipment” means equipment of any description specified by the Secretary of State for the purposes of this sub-paragraph.
(2)In addition, any expenses incurred—
(a)in making to the school buildings of a voluntary aided school such alterations as may be required by the [F2local authority] for the purpose of securing that the school premises conform to the standards prescribed under section 542 of the M1Education Act 1996, or
(b)in effecting repairs to the school buildings, other than repairs falling within sub-paragraph (3),
are payable by the governing body of the school.
(3)The governing body of a voluntary aided school are not responsible—
(a)for repairs to the interior of the school buildings, or
(b)for repairs to those buildings necessary in consequence of the use of the school premises, in pursuance of a direction or requirement of the [F2local authority], for purposes other than those of the school.
(4)Nothing in this paragraph imposes on the governing body of a voluntary aided school which was (either before or after the appointed day) a school of a different description any obligation in respect of a liability incurred at any time before the school became a voluntary aided school if at that time no obligation in respect of that liability was imposed on them, as the governing body of a school of that description, under this Act or the M2Education Act 1996, as the case may be.
Extent Information
E2This version of this provision extends to Wales only; a separate version has been created for England.
Textual Amendments
F2Words 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))
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