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Education BillPage 100

(c) that the land or any part of the land be transferred to a

person concerned with the running of the Academy,

subject to the payment by that person or the Secretary of

State of such sum by way of consideration (if any) as the

5Secretary of State determines to be appropriate.

(4) Unless otherwise specified in the direction, any transfer of land

pursuant to sub-paragraph (3) is to take place on the conversion

date.

Power of Secretary of State to make direction on discontinuance of foundation,

10voluntary or foundation special school

11 (1) This paragraph applies where the Secretary of State has received

an application under sub-paragraph (2), (3) or (4ZA) of paragraph

5 of Schedule 22 to SSFA 1998 (application in respect of land held

by governing body, foundation body or trustees on

15discontinuance of school).

(2) The Secretary of State may direct that the land or any part of the

land to which the application relates be transferred to a person

concerned with the running of an Academy, subject to the

payment by that person or the Secretary of State of such sum by

20way of consideration (if any) as the Secretary of State determines

to be appropriate.

Power of Secretary of State to make direction on proposed disposal of school land

12 (1) This paragraph applies where the Secretary of State has received a

notice under any of the following paragraphs of Schedule 22 to

25SSFA 1998—

(a) paragraph A1A(4) (notice by governing body of intention

to dispose of publicly funded land);

(b) paragraph A7A(4) (notice by foundation body of intention

to dispose of publicly funded land);

(c) 30paragraph A13A(6) (notice by trustees of intention to

dispose of publicly funded land);

(d) paragraph A23(4)(b) (notice by local authority of intention

to apply for transfer order in respect of publicly funded

land).

(2) 35The Secretary of State may direct that the land or any part of the

land to which the notice relates be transferred to a person

concerned with the running of an Academy, subject to the

payment by that person or the Secretary of State of such sum by

way of consideration (if any) as the Secretary of State determines

40to be appropriate.

Transfer of land and other property on dissolution of governing body

13 (1) This paragraph applies where a governing body of a school are to

be dissolved by virtue of paragraph 5(2)(a)(iv) of Schedule 1 to EA

2002 (dissolution of governing body on conversion date following

45Academy order).

Education BillPage 101

(2) Where a governing body are so dissolved, the following are

transferred as provided in sub-paragraph (3)—

(a) all publicly funded land which is held by the governing

body for the purposes of the school and which is not

5transferred on the conversion date (pursuant to a direction

under paragraph 10 or otherwise);

(b) all other property of the governing body which is used or

held for the purposes of the school;

(c) all rights and liabilities of the governing body (including

10rights and liabilities in relation to staff) which were

acquired or incurred for the purposes of the school.

(3) The land, other property, rights and liabilities are, on the

conversion date, transferred to, and by virtue of this Act vest in—

(a) the local authority that maintained the school, or

(b) 15such person concerned with the running of an Academy as

the Secretary of State directs before the conversion date.

(4) Sub-paragraph (2) does not apply to—

(a) any land for which provision has been made for payment

under paragraph 10(3)(b),

(b) 20any land or other property which is held by the governing

body on trust for the purposes of the school,

(c) any property or rights to which section 7 (transfer of school

surpluses) applies, or

(d) unless the Secretary of State otherwise directs before the

25conversion date, any liabilities of the governing body in

respect of a loan made to the governing body.

(5) Subject to sub-paragraphs (6) and (7), a governing body who are

to be dissolved as mentioned in sub-paragraph (1) may transfer

any land or other property which is held by them on trust for the

30purposes of the school to any person to hold such land or other

property on trust for purposes connected with the provision of

education in schools.

(6) Sub-paragraph (5) does not apply to land in respect of which a

direction has been made under paragraph 10(3)(a) or (c).

(7) 35Sub-paragraph (5) does not apply to land or other property held

by a governing body on trust for the purposes of the school in a

case where any other persons (“other trustees”) also hold land or

other property on trust for the purposes of the school.

(8) In a case mentioned in sub-paragraph (7), the land or other

40property held on trust by the governing body is, on the conversion

date, transferred to, and by virtue of this Act vests in, the other

trustees.

(9) If any doubt or dispute arises as to the persons to whom land or

other property is transferred under sub-paragraph (8), it is to be

45treated as so transferred to such persons as the Secretary of State

directs.

Education BillPage 102

Part 3 Land held for the purposes of an Academy
Notice in relation to certain land held for the purposes of an Academy

14 (1) This paragraph applies to land—

(a) 5that is held for the purposes of an Academy, and

(b) that has been acquired or enhanced in value wholly or

partly by payments made by or on behalf of—

(i) a local authority, or

(ii) the Secretary of State.

(2) 10In the case of land that has been acquired or enhanced in value

wholly or partly by payments made by or on behalf of a local

authority, the authority may serve a notice under sub-paragraph

(4).

(3) In the case of land that has been acquired or enhanced in value

15wholly or partly by payments made by or on behalf of the

Secretary of State, the Secretary of State may serve a notice under

sub-paragraph (4).

(4) A notice under this sub-paragraph is a notice that the land is

publicly funded land for the purposes of this Schedule.

(5) 20A notice under sub-paragraph (4) must be served—

(a) on the person holding the land,

(b) within the period of six months beginning with the date on

which the payments were made, or, if there is more than

one such date, the latest of those dates.

25Power of Secretary of State to make direction on closure of Academy

15 (1) This paragraph applies if—

(a) publicly funded land is held by a person for the purposes

of an Academy, and

(b) the educational institution concerned ceases to be an

30Academy.

(2) Sub-paragraph (1)(b) applies whether or not, on the educational

institution ceasing to be an Academy, it simultaneously ceases to

function as an educational institution.

(3) The Secretary of State may make one or more of the following

35directions—

(a) a direction that the land or any part of the land be

transferred to such local authority as the Secretary of State

may specify, subject to the payment by that authority of

such sum by way of consideration (if any) as the Secretary

40of State determines to be appropriate;

(b) a direction that the person holding the land, pay, either to

the Secretary of State or to such local authority as the

Secretary of State may specify, the whole or any part of the

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value, as at the date of the direction, of the whole or any

part of the land;

(c) a direction that the land or any part of the land be

transferred to a person concerned with the running of an

5Academy, subject to the payment by that person or the

Secretary of State of such sum by way of consideration (if

any) as the Secretary of State determines to be appropriate;

(d) a direction that the land or any part of the land be

transferred to the governing body, foundation body or

10trustees of a school, subject to the payment by that body or

trustees (as the case may be) or the Secretary of State of

such sum by way of consideration (if any) as the Secretary

of State determines to be appropriate.

Termination of occupation by Academy of land held by trustees: notice of termination

15and power of Secretary of State to make direction

16 (1) This paragraph applies if—

(a) land has been held for the purposes of a maintained school

by the trustees of the school,

(b) the land is held by the trustees for the purposes of an

20Academy, and

(c) the termination of the Academy’s occupation of the land

would have the result that it was not reasonably

practicable for the Academy to continue to be conducted at

its existing site.

(2) 25A notice given by the trustees to the Academy proprietor that

purports to terminate the Academy’s occupation of the land is not

effective unless—

(a) the period of notice is reasonable, having regard to the

length of time that it would take to terminate the Academy

30arrangements, and in any event is not less than two years,

and

(b) a copy of the notice is given to the Secretary of State and

the local authority by which the school was maintained at

the same time as the notice is given to the proprietor.

(3) 35Where the trustees give, at the same (or substantially the same)

time, notices purporting to terminate an Academy’s occupation of

two or more pieces of land held by the trustees for the purposes of

the Academy, then for the purpose of determining whether sub-

paragraph (1)(c) applies in relation to any of those pieces of land,

40regard may be had to the combined effect of terminating the

Academy’s occupation of both or all of them.

(4) If a question arises as to whether the termination of an Academy’s

occupation of any land would have the result mentioned in sub-

paragraph (1)(c) (including a question as to whether sub-

45paragraph (3) applies in any particular circumstances), it is to be

determined by the Secretary of State.

(5) Sub-paragraph (6) applies where a notice that is effective to

terminate an Academy’s occupation of land relates to publicly

funded land.

Education BillPage 104

(6) The Secretary of State may make one or more of the following

directions—

(a) a direction that the land or any part of the land be

transferred to such local authority as the Secretary of State

5may specify, subject to the payment by that authority of

such sum by way of consideration (if any) as the Secretary

of State determines to be appropriate;

(b) a direction that the trustees pay, either to the Secretary of

State or to such local authority as the Secretary of State may

10specify, the whole or any part of the value, as at the date of

the direction, of the whole or any part of the land;

(c) a direction that the land or any part of the land be

transferred to a person concerned with the running of an

Academy, subject to the payment by that person or the

15Secretary of State of such sum by way of consideration (if

any) as the Secretary of State determines to be appropriate;

(d) a direction that the land or any part of the land be

transferred to the governing body, foundation body or

trustees of a school, subject to the payment by that body or

20trustees (as the case may be) or the Secretary of State of

such sum by way of consideration (if any) as the Secretary

of State determines to be appropriate.

Power of Secretary of State to make direction on proposed disposal of Academy land

17 (1) This paragraph applies to a disposal of publicly funded land that

25is held by a person (“P”) for the purposes of an Academy.

(2) P must give the Secretary of State notice of P’s intention to dispose

of the land.

(3) In determining whether, and how, to give notice to the Secretary

of State under sub-paragraph (2), P must have regard to any

30guidance given from time to time by the Secretary of State.

(4) On receipt of the notice, the Secretary of State must—

(a) decide whether to make a direction under sub-paragraph

(7) in respect of the land specified in the notice, and

(b) notify P of that decision.

(5) 35P may not dispose of the land until P has been notified of the

Secretary of State’s decision.

(6) If the Secretary of State decides to make a direction in respect of

the land, P may not dispose of the land except in accordance with

the direction.

(7) 40The Secretary of State may make one or more of the following

directions—

(a) a direction that the land or any part of the land be

transferred to such local authority as the Secretary of State

may specify, subject to the payment by that local authority

45of such sum by way of consideration (if any) as the

Secretary of State determines to be appropriate;

(b) a direction that P pay, either to the Secretary of State or to

such local authority as the Secretary of State may specify,

Education BillPage 105

the whole or any part of the value, as at the date of the

direction, of the whole or any part of the land;

(c) a direction that the land or any part of the land be

transferred to a person concerned with the running of an

5Academy, subject to the payment by that person or the

Secretary of State of such sum by way of consideration (if

any) as the Secretary of State determines to be appropriate;

(d) in the case of playing field land, a direction that the

disposal is not to be made.

(8) 10In this paragraph—

(a) “playing field land” means land in the open air which is

provided for the purposes of physical education or

recreation, other than any land falling within a description

prescribed under section 77(7) of SSFA 1998;

(b) 15references to a disposal of land include references to a

change of use of the land in cases where the land is no

longer to be used for the purposes of an Academy.

Part 4 General
20Directions under this Schedule: general

18 (1) Where a transfer pursuant to a direction under this Schedule

relates to registered land, it is the duty of the transferor—

(a) to execute any such instrument under the Land

Registration Act 2002,

(b) 25to deliver any such certificate under that Act, and

(c) to do such other things under that Act,

as the transferor would be required to execute, deliver or do in the

case of a transfer by agreement between the transferor and the

transferee.

(2) 30A direction under this Schedule may include such incidental,

consequential, supplemental and transitional provision as the

Secretary of State thinks is appropriate for giving it full effect.

Disapplication of rule against perpetuities

19 (1) Where—

(a) 35land is transferred for no consideration for the purposes of

an Academy, and

(b) the person who transferred the land is granted an option to

make a re-acquisition of the land (subject to whatever

conditions),

40the rule against perpetuities does not apply to the option.

(2) Sub-paragraph (1) does not apply to an option granted before 26

July 2002.

Education BillPage 106

Disapplication of other Acts

20 (1) Where a lease is granted or transferred to a person for the

purposes of an Academy on or after 26 July 2002, section 153 of the

Law of Property Act 1925 (enlargement of leases granted for no

5rent etc) does not apply to permit that person to enlarge the term

under the lease.

(2) Subsections (2) and (2A) of section 123 of the Local Government

Act 1972 (disposals of land by principal councils) do not apply to

a disposal of land to a person for the purposes of an Academy.

10Regulations

21 (1) The Secretary of State may make regulations containing such

incidental, consequential, supplemental and transitional

provisions as the Secretary of State thinks are appropriate in

consequence of this Schedule or for giving it full effect.

(2) 15Regulations under sub-paragraph (1) about transfer schemes may

in particular include provision—

(a) requiring a person to be appointed by the Secretary of State

in connection with the proposed making of a scheme;

(b) requiring the appointed person to identify the land, rights

20and liabilities to be transferred by or under a scheme;

(c) requiring a transferor under a scheme to provide the

appointed person with such documents as may be

required in order to identify the land, rights and liabilities

to be transferred by or under the scheme;

(d) 25requiring a transferor under a scheme to execute such

instruments, deliver such certificates and do any other

such things as are required by the Land Registration Act

2002 in order to transfer the land;

(e) treating a transferor under a scheme as having given

30acknowledgement in writing of the rights to production of

documents.

(3) Regulations under sub-paragraph (1) about land held by a local

authority may in particular include provision—

(a) that consent under paragraph 4 (proposed disposal of

35school land) is to be sought in a specified way;

(b) that information is to be given under paragraph 9 (duty to

inform Secretary of State of proposed change of use of

school land) in a specified way.

(4) Regulations under sub-paragraph (1) about the transfer of land,

40other property and rights and liabilities under paragraph 13

(transfer of land and other property on dissolution of governing

body) may in particular include provision about the production of

documents, execution of instruments, delivery of certificates and

any other related matters.

Education BillPage 107

Interpretation

22 (1) A dwelling-house used for occupation by a person employed to

work at an educational institution is to be treated for the purposes

of this Schedule as used for the purposes of the educational

5institution.

(2) In this Schedule—

(3) In this Schedule, “publicly funded land” means—

(a) in relation to land held by a governing body, land falling

within any of paragraphs (a) to (i) of paragraph A1(1) of

15Schedule 22 to SSFA 1998 (disposals of school land on

discontinuance etc);

(b) in relation to land held by a foundation body, land falling

within any of paragraphs (a) to (h) of paragraph A7(1) of

that Schedule;

(c) 20in relation to land held by trustees, other than land held for

the purposes of an Academy, land falling within

paragraph (1), (2) or (3) of paragraph A13 of that Schedule;

(d) in relation to land held for the purposes of an Academy—

(i) land acquired from a governing body, foundation

25body or trustees that was, at the time of the

acquisition, publicly funded land within the

meaning of paragraph (a), (b) or (c);

(ii) land held by trustees for the purposes of an

Academy which was previously held by the

30trustees for the purposes of a maintained school

and which, at the time it was held for the purposes

of a maintained school, was publicly funded land

within the meaning of paragraph (c);

(iii) land acquired from a local authority;

(iv) 35land in relation to which a notice has been served

under paragraph 14;

(v) land acquired from a person concerned with the

running of an Academy that was, at the time of the

acquisition, publicly funded land within the

40meaning of sub-paragraphs (i) to (iv) or this sub-

paragraph.

(4) References in this Schedule to a transfer or disposal of land are to

the transfer or disposal of a freehold or leasehold interest in the

land or to the grant of a lease in respect of the land.

(5) 45References in this Schedule to a disposal of land include references

to—

(a) a compulsory disposal,

Education BillPage 108

(b) in the case of any premises held under a tenancy to which

Part 2 of the Landlord and Tenant Act 1954 applies, the

termination of the tenancy under that Part,

(c) entering into a contract to dispose of land, and

(d) 5granting an option to acquire a freehold or leasehold

interest in land.

(6) Where—

(a) a person (A) holds a freehold or leasehold interest in land

from which a leasehold interest has been granted to

10another person (B), and

(b) B is concerned with the running of an Academy,

for the purposes of this Schedule both A and B are to be treated as

holding land for the purposes of an Academy.

(7) References in this Schedule to a lease include references to a sub-

15lease.

Amendments to Schedule 22 to SSFA 1998

2 Schedule 22 to SSFA 1998 (disposals of land in case of certain schools and

disposals on discontinuance) is amended as set out in paragraphs 3 to 15.

3 In paragraph A1, in sub-paragraph (1)(b), at the end insert—

4 After paragraph A1, insert—

A1A (1) This paragraph applies to a disposal of land to which paragraph

A1 applies if, or to the extent that, it comprises a disposal of non-

25playing field land.

(2) “Non-playing field land” means land which does not include

playing fields within the meaning of section 77.

(3) Accordingly, in this paragraph, paragraphs A2 to A5 and

paragraph A19—

(a) 30references to the disposal are to the disposal by the

governing body of the non-playing field land, and

(b) references to the land are to that non-playing field land.

(4) The governing body must give the Secretary of State notice of their

intention to dispose of the land.

(5) 35On receipt of the notice, the Secretary of State must—

(a) decide whether to make a direction under paragraph 12 of

Schedule 1 to the Academies Act 2010 (transfer to

Academy) in respect of the land, and

(b) notify the governing body of that decision.

(6) 40The governing body may not dispose of the land until they have

been notified of the Secretary of State’s decision.

(7) If the Secretary of State decides to make a direction in respect of

the land, the governing body may not dispose of the land except

in accordance with the direction.

Education BillPage 109

5 In paragraph A2, for sub-paragraphs (1) to (3), substitute—

(1) This paragraph applies where a governing body receives a

notification under paragraph A1A(5)(b) that the Secretary of State

has decided not to make a direction in respect of the land.

6 5In paragraph A7, in sub-paragraph (1)(b), at the end insert—

7 After paragraph A7, insert—

A7A (1) This paragraph applies to a disposal of land to which paragraph

10A7 applies if, or to the extent that, it comprises a disposal of non-

playing field land.

(2) “Non-playing field land” means land which does not include

playing fields within the meaning of section 77.

(3) Accordingly, in this paragraph, paragraphs A8 to A11 and

15paragraph A19—

(a) references to the disposal are to the disposal by the

foundation body of the non-playing field land, and

(b) references to the land are to that non-playing field land.

(4) The foundation body must give the Secretary of State notice of its

20intention to dispose of the land.

(5) On receipt of the notice, the Secretary of State must—

(a) decide whether to make a direction under paragraph 12 of

Schedule 1 to the Academies Act 2010 (transfer to

Academy) in respect of the land, and

(b) 25notify the foundation body of that decision

(6) The foundation body may not dispose of the land until it has been

notified of the Secretary of State’s decision.

(7) If the Secretary of State decides to make a direction in respect of

the land, the foundation body may not dispose of the land except

30in accordance with the direction.

8 In paragraph A8, for sub-paragraphs (1) to (3), substitute—

(1) This paragraph applies where a foundation body receives a

notification under paragraph A7A(5)(b) that the Secretary of State

has decided not to make a direction in respect of the land.

9 (1) 35Paragraph A13 is amended as follows.

(2) In sub-paragraph (1)(d), at the end insert—

(3) In sub-paragraph (7)—

(a) 40after “maintained schools” insert “or Academies”;

(b) for “A14 to A16” substitute “A13A to A16”.

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