Education Act 2002

Proposal relating to voluntary aided schools

8 (1) This paragraph applies to a proposal to establish a voluntary aided school which falls to be implemented under paragraph 5.

(2) It shall be implemented—

(a) so far as relating to the provision of any relevant premises for the school, by the local education authority which published the proposal, and

(b) otherwise by the promoters.

(3) In sub-paragraph (2) “relevant premises” means—

(a) in a case where it is proposed to establish the school at the site specified in the notice under section 70, that site or playing fields, and

(b) in any other case, playing fields.

(4) Sub-paragraphs (5) to (7) apply where a local education authority are required, by virtue of sub-paragraph (2)(a), to provide for a school the site specified in a notice under section 70.

(5) The authority shall transfer their interest in the site and in any buildings on it 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 purposes of the schools comprising the group for which that body acts.

(6) If any doubt or dispute arises as to the persons to whom the authority are required to make a transfer under sub-paragraph (5), it shall be made to such persons as the Secretary of State thinks proper.

(7) The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

(8) Paragraph 17 of Schedule 6 to the School Standards and Framework Act 1998 (grants in respect of certain expenditure relating to voluntary aided schools) applies in relation to the obligation under sub-paragraph (2)(b) of this paragraph as it applies in relation to the obligations referred to in sub-paragraph (1)(b) of that paragraph.

(9) Paragraph 19 of that Schedule (assistance from LEA in respect of voluntary aided schools) applies in relation to the obligation under sub-paragraph (2)(b) of this paragraph as it applies in relation to the obligations referred to in that paragraph, and paragraph 20 of that Schedule (duty on LEA to transfer interest in premises provided under paragraph 19) applies accordingly.