SCHEDULES
F15SCHEDULE 8 City academies: land
Transfer schemes
1
F11
The Secretary of State may make a scheme in relation to land if these requirements are met—
a
a local education authority holds a freehold or leasehold interest in the land when the scheme is made;
b
at some time in the period of 5 years ending with the day on which this Act is passed the land was used wholly or mainly for the purposes of a county school or community school;
c
at the time the scheme is made the land is no longer used as mentioned in paragraph (b) or the Secretary of State thinks it is about to be no longer so used;
d
before making the scheme the Secretary of State consulted the authority.
2
These requirements must be met as regards a scheme—
a
the scheme must provide for a transfer of the authority’s interest in the land or in such part of it as is specified in the scheme;
b
the transfer must be to a person (the transferee) who is specified in the scheme and is concerned with the running of a city academy;
c
the transfer must be made to the transferee for the purposes of the city academy;
d
the scheme must provide for the transfer to the transferee of any right or liability held by the authority as holder of the interest in the land or specified part concerned.
3
In sub-paragraph (2) the reference to a right or liability—
a
includes a reference to a right or liability as a trustee, but
b
excludes a reference to a liability in respect of the principal of or interest on a loan.
4
A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.
5
A scheme must be so expressed that it does not come into force while the land concerned is used as mentioned in sub-paragraph (1)(b).
6
A scheme comes into force—
a
on the day it specifies for it to come into force, or
b
on the day it otherwise identifies as the day for it to come into force.
7
When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interests, rights and liabilities to which it applies.
8
A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.
Restriction on disposal
2
F21
Sub-paragraph (2) applies if—
a
a freehold or leasehold interest in land is held by a local education authority,
b
at any time in the period of 5 years ending with the day on which this Act is passed the land was used wholly or mainly for the purposes of a county school or community school, and
c
the authority proposes to make a disposal in respect of the interest, or to enter into a contract to make a disposal in respect of it, or to grant an option to make an acquisition in respect of it.
2
Unless the Secretary of State consents, the authority must not make the disposal or enter into the contract or grant the option.
3
Sub-paragraph (2) does not apply to a disposal made in pursuance of a contract made, or option granted, before the coming into force of this paragraph.
4
Sub-paragraph (2) does not apply to—
a
a disposal in favour of a person for the purposes of a city academy and for no consideration;
b
a contract to make such a disposal;
c
a grant of an option for a person to make an acquisition for the purposes of a city academy and for no consideration.
5
A disposal or contract or grant is not invalid by reason only that it is made in contravention of sub-paragraph (2).
6
A person acquiring an interest in land or entering into a contract to acquire it is not to be concerned to enquire whether consent required by sub-paragraph (2) has been given.
3
F31
This paragraph applies if an authority makes a disposal or enters into a contract or grants an option in contravention of paragraph 2(2).
2
In the case of a grant of an option, the Secretary of State may by notice served on the option holder repudiate the option at any time before it is exercised.
3
In the case of a contract to make a disposal in respect of an interest, the Secretary of State may by notice served on the other party to the contract repudiate it at any time before a conveyance of the interest concerned is executed.
4
A repudiation under sub-paragraph (2) or (3) has effect—
a
when the notice is served, and
b
as if the repudiation were made by the authority.
5
In the case of a disposal in respect of an interest (whether or not in pursuance of an option or contract falling within sub-paragraph (2) or (3)) the Secretary of State may purchase the interest concerned compulsorily.
6
The M1Acquisition of Land Act 1981 is to apply in relation to the compulsory purchase of an interest under sub-paragraph (5).
7
On completion of a compulsory purchase of an interest under sub-paragraph (5) the Secretary of State must transfer it to a person concerned with the running of a city academy.
8
If the Secretary of State acquires an interest by compulsory purchase under sub-paragraph (5) he is entitled to recover from the authority an amount equal to the aggregate of—
a
the compensation agreed or awarded in respect of the purchase,
b
any interest payable by him in respect of the compensation, and
c
the costs and expenses incurred by him in connection with the making of the compulsory purchase order.
9
The authority must provide the Secretary of State with such information as he may require it to provide in connection with a compulsory purchase under sub-paragraph (5).
4
F41
For the purposes of paragraphs 2 and 3—
a
references to a disposal in respect of an interest are to a disposal of the whole interest or of a lesser interest;
b
references to an acquisition in respect of an interest are to an acquisition of the whole interest or of a lesser interest.
2
If the disposal referred to in paragraph 3(3) or (5) is a disposal of a lesser interest, the reference there to the interest concerned is to the lesser interest.
Restriction on appropriation
5
F51
Sub-paragraph (2) applies if—
a
a freehold or leasehold interest in land is held by a local education authority,
b
at any time in the period of 5 years ending with the day on which this Act is passed the land was used wholly or mainly for the purposes of a county school or community school, and
c
the authority proposes to make an appropriation of the land under section 122 of the M2Local Government Act 1972.
2
Unless the Secretary of State consents, the authority must not make the appropriation.
6
F61
This paragraph applies if an authority makes an appropriation in contravention of paragraph 5(2).
2
The Secretary of State may purchase the interest concerned compulsorily.
3
Paragraph 3(6) to (9) apply to a compulsory purchase of an interest under sub-paragraph (2) above as they apply to a compulsory purchase of an interest under paragraph 3(5).
Duty to inform
7
F71
Sub-paragraph (2) applies if—
a
a freehold or leasehold interest in land is held by a local education authority,
b
at any time in the period of 5 years ending with the day on which this Act is passed the land was used wholly or mainly for the purposes of a county school or community school, and
c
the authority proposes to change the use of the land in such a way that (were the change made) the land would cease to be capable of use wholly or mainly for the purposes of a school.
2
The authority must inform the Secretary of State of the proposal.
Former city academies
8
F81
This paragraph applies if—
a
a freehold or leasehold interest in land is transferred from a local education authority on or after the day on which this Act is passed,
b
the transfer is made to a person for the purposes of a city academy, and
c
the first or the second condition set out below is satisfied.
2
The first condition is that—
a
the school concerned ceases to be a city academy, and
b
immediately before the school ceases to be a city academy the interest is held by a person for the purposes of the city academy.
3
The second condition is that, although the school concerned continues to be a city academy, the interest ceases to be held for the purposes of the city academy.
4
This paragraph applies whether or not the transfer is made by virtue of a scheme under paragraph 1.
5
Sub-paragraph (2) applies whether or not, on the school ceasing to be a city academy, it simultaneously ceases to function as a school.
6
The Secretary of State may make a scheme providing for the transfer of the interest—
a
from the person holding it;
b
to the authority from which the transfer mentioned in sub-paragraph (1)(a) was made.
7
A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.
8
A scheme comes into force on the day it specifies for it to come into force.
9
When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interest to which it applies.
10
A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.
Other Acts
9
F91
Section 123(2) of the M3Local Government Act 1972 (disposal for consideration less than the best reasonably obtainable) does not apply to a disposal to a person for the purposes of a city academy.
2
Section 123(2A) of that Act (disposal of open space requires certain procedures) does not apply to a disposal which is made—
a
to a person for the purposes of a city academy, and
b
for no consideration.
3
Section 77(1) of the M4School Standards and Framework Act 1998 (restriction on disposal of playing fields) does not apply to a disposal which is made—
a
by a local authority to a person for the purposes of a city academy, and
b
for no consideration.
Regulations
10
F10The Secretary of State may make regulations containing such incidental, consequential, transitional or supplementary provisions as he thinks are appropriate in consequence of this Schedule or for giving it full effect; and in particular the regulations may include provision described below.
11
F111
The regulations may include—
a
provision requiring a person to be appointed by the Secretary of State in connection with the proposed making of a scheme under paragraph 1;
b
provision requiring the appointed person to identify the interests, rights and liabilities to be the subject of a scheme under paragraph 1;
c
provision requiring the authority concerned to provide the appointed person with such documents as he may require in order to identify the interests, rights and liabilities to be the subject of a scheme under paragraph 1.
2
The regulations may include—
a
provision requiring an authority whose interest is (or is to be) transferred by virtue of a scheme under paragraph 1 to execute instruments and deliver certificates for the purposes of the enactments relating to registered land;
b
provision treating such an authority as having given acknowledgement in writing of the right to production of documents.
12
F12The regulations may include—
a
provision that consent under paragraph 2 is to be sought in a specified way;
b
provision that information is to be given under paragraph 7 in a specified way.
General
13
F13A dwelling-house used by an authority for occupation by a person employed to work at a school is to be treated for the purposes of this Schedule as used for the purposes of the school.
14
F14For the purposes of this Schedule—
a
a city academy is a city academy within the meaning of section 482 of the M5Education Act 1996;
b
a community school is a community school within the meaning of the M6School Standards and Framework Act 1998;
c
a county school is a county school within the meaning of the M7Education Act 1996 (as that Act had effect before 1 September 1999).
Sch. 8 repealed (26.7.2002 except in relation to W.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3