SCHEDULES

SCHEDULE 8City academies: land

Restriction on disposal

2

1

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

1

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 [1981 c. 67.] Acquisition 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

1

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.