- Latest available (Revised)
- Point in Time (13/10/2003)
- Original (As enacted)
Point in time view as at 13/10/2003.
School Standards and Framework Act 1998, Cross Heading: Obligations of LEAs as regards provision of sites (otherwise than in connection with statutory proposals) is up to date with all changes known to be in force on or before 01 September 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.
4(1)In the case of a voluntary aided school, the local education authority shall provide any new site which is to be provided in addition to, or instead of, the school’s existing site (or part of its existing site).E
(2)Sub-paragraph (1) does not—
(a)apply in relation to the provision of any site which persons other than the authority are required to provide by virtue of [F1any enactment]; or
(b)require the local education authority to finance the acquisition by the governing body of any site or buildings provided otherwise than by the authority.
(3)Where a site is provided for a school under this paragraph, the local education authority shall transfer their interest in the site, and in any buildings on the site which are to form part of the school premises—
(a)to the trustees of the school, to be held by them on trust for the purposes of the school, or
(b)if the school has no trustees, to the school’s foundation body to be held by that body for the relevant purposes.
(4)If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it shall be made to such persons as the Secretary of State thinks proper.
(5)The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.
(6)Where—
(a)a site is provided for a school under this paragraph, and
(b)work is required to be done to the site for the purpose of clearing it or making it suitable for building purposes,
the local education authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as will secure that the cost of the work is borne by the authority.
(7)Where—
(a)a site is provided for a school under this paragraph, and
(b)there are buildings on the site which are of value for the purposes of the school,
the local education authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as appear to be desirable having regard to the governing body’s duties under paragraph 3 with respect to the [F2school premises] .
(8)Where it appears to the Secretary of State that provision for any payment or other adjustment ought to have been made under sub-paragraph (6) or (7) but has not been made, he may give directions providing for the making of such payment or other adjustment as he thinks proper.
(9)In this paragraph—
“the relevant purposes” means, in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts;
“site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.
Extent Information
E1This version of this provision extends to England only; a separate version has been created for Wales.
Textual Amendments
F1Words in Sch. 3 para. 4(2)(a) substituted (19.12.2002 for W. and 1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 114 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
F2Words in Sch. 3 para. 4(7) substituted (E.) (1.4.2002) by The Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 (S.I. 2002/906), art. 6
4(1)In the case of a voluntary aided school, the local education authority shall provide any new site which is to be provided in addition to, or instead of, the school’s existing site (or part of its existing site).W
(2)Sub-paragraph (1) does not—
(a)apply in relation to the provision of any site which persons other than the authority are required to provide by virtue of [F3any enactment]; or
(b)require the local education authority to finance the acquisition by the governing body of any site or buildings provided otherwise than by the authority.
(3)Where a site is provided for a school under this paragraph, the local education authority shall transfer their interest in the site, and in any buildings on the site which are to form part of the school premises—
(a)to the trustees of the school, to be held by them on trust for the purposes of the school, or
(b)if the school has no trustees, to the school’s foundation body to be held by that body for the relevant purposes.
(4)If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it shall be made to such persons as the Secretary of State thinks proper.
(5)The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.
(6)Where—
(a)a site is provided for a school under this paragraph, and
(b)work is required to be done to the site for the purpose of clearing it or making it suitable for building purposes,
the local education authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as will secure that the cost of the work is borne by the authority.
(7)Where—
(a)a site is provided for a school under this paragraph, and
(b)there are buildings on the site which are of value for the purposes of the school,
the local education authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as appear to be desirable having regard to the governing body’s duties under paragraph 3 with respect to the school buildings.
(8)Where it appears to the Secretary of State that provision for any payment or other adjustment ought to have been made under sub-paragraph (6) or (7) but has not been made, he may give directions providing for the making of such payment or other adjustment as he thinks proper.
(9)In this paragraph—
“the relevant purposes” means, in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts;
“site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.
Extent Information
E2This version of this provision extends to Wales only; a separate version has been created for England.
Textual Amendments
F3Words in Sch. 3 para. 4(2)(a) substituted (19.12.2002 for W. and 1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 114 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
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: