Education Bill (HL Bill 108)

(a) 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 of State
5determines to be appropriate;

(b) that the governing body, the foundation body or the
trustees, as the case may be, 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 value, as at the date of
10the direction, of the whole or any part of the land;

(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
15Secretary 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,
20voluntary 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
25discontinuance 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
30way 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
35SSFA 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) 40paragraph 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) 45The 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
to 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
5be dissolved by virtue of paragraph 5(2)(a)(iv) of Schedule 1 to EA
2002 (dissolution of governing body on conversion date following
Academy order).

(2) Where a governing body are so dissolved, the following are
transferred as provided in sub-paragraph (3)—

(a) 10all publicly funded land which is held by the governing
body for the purposes of the school and which is not
transferred 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
15held for the purposes of the school;

(c) all rights and liabilities of the governing body (including
rights 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
20conversion date, transferred to, and by virtue of this Act vest in—

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

(b) such 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) 25any land for which provision has been made for payment
under paragraph 10(3)(b),

(b) any 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
30surpluses) applies, or

(d) unless the Secretary of State otherwise directs before the
conversion 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
35to be dissolved as mentioned in sub-paragraph (1) may transfer
any land or other property which is held by them on trust for the
purposes 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) 40Sub-paragraph (5) does not apply to land in respect of which a
direction has been made under paragraph 10(3)(a) or (c).

(7) Sub-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
45other property on trust for the purposes of the school.

(8) In a case mentioned in sub-paragraph (7), the land or other
property 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
5treated as so transferred to such persons as the Secretary of State
directs.

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) 10This paragraph applies to land—

(a) that 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) 15the Secretary of State.

This is subject to sub-paragraph (2).

(2) If a leasehold interest in land is held for the purposes of a new
Academy, this paragraph does not apply to—

(a) that or any other leasehold interest in the land, or

(b) 20a freehold interest in the land.

(3) An Academy is a new Academy for the purposes of sub-
paragraph (2) if, by virtue of section 9(1)(a) (new educational
institutions), the duty in section 9(2) (impact on other schools etc)
applied when the Secretary of State was deciding whether to enter
25into Academy arrangements in relation to it.

(4) In the case of land to which this paragraph applies 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 (6).

(5) 30In the case of land to which this paragraph applies that has been
acquired or enhanced in value wholly 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 (6).

(6) A notice under this sub-paragraph is a notice that the land is
35publicly funded land for the purposes of this Schedule.

(7) A notice under sub-paragraph (6) must be served—

(a) on the person holding the land (subject to sub-paragraph
(8)),

(b) within the period of six months beginning with the date on
40which the payments were made, or, if there is more than
one such date, the latest of those dates.

(8) Where the land is vested in the official custodian for charities in
trust for a charity, a notice under sub-paragraph (6) must be
served—

(a) on the charity, if the charity is a corporate charity;

(b) on the persons having the general control and
management of the administration of the charity, in any
other case.

5Power of Secretary of State to make direction on educational institution ceasing to be
an Academy

15 (1) This paragraph applies if—

(a) an educational institution ceases to be an Academy, and

(b) immediately before it does so, publicly funded land is held
10by a person for the purposes of the Academy.

(2) Sub-paragraph (1)(a) 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
15directions—

(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
20of 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
value, as at the date of the direction, of the whole or any
25part 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
Secretary of State of such sum by way of consideration (if
30any) 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
trustees (as the case may be) or the Secretary of State of
35such 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
and power of Secretary of State to make direction

16 (1) This paragraph applies if—

(a) 40land 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
Academy, and

(c) the termination of the Academy’s occupation of the land
45would have the result that it was not reasonably
practicable for the Academy to continue to be conducted at
its existing site.

(2) A 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
5length of time that it would take to terminate the Academy
arrangements, 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
10the same time as the notice is given to the proprietor.

(3) Where 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-
15paragraph (1)(c) applies in relation to any of those pieces of land,
regard 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-
20paragraph (1)(c) (including a question as to whether sub-
paragraph (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
25funded land.

(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
30may 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
35specify, 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
40Secretary 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
45trustees (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
is 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
5of 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
guidance given from time to time by the Secretary of State.

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

(a) 10decide 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) P may not dispose of the land until P has been notified of the
Secretary of State’s decision.

(6) 15If 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) The Secretary of State may make one or more of the following
directions—

(a) 20a 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
of such sum by way of consideration (if any) as the
Secretary of State determines to be appropriate;

(b) 25a direction that P 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 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
30transferred 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 to be appropriate;

(d) in the case of playing field land, a direction that the
35disposal is not to be made.

(8) In 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
40prescribed under section 77(7) of SSFA 1998;

(b) references 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

Directions under this Schedule: general

18 (1) Where a transfer pursuant to a direction under this Schedule
5relates to registered land, it is the duty of the transferor—

(a) to execute any such instrument under the Land
Registration Act 2002,

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

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

10as 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) A direction under this Schedule may include such incidental,
consequential, supplemental and transitional provision as the
15Secretary of State thinks is appropriate for giving it full effect.

Disapplication of rule against perpetuities

19 (1) Where—

(a) land is transferred for no consideration for the purposes of
an Academy, and

(b) 20the person who transferred the land is granted an option to
make a re-acquisition of the land (subject to whatever
conditions),

the rule against perpetuities does not apply to the option.

(2) Sub-paragraph (1) does not apply to an option granted before 26
25July 2002.

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
30rent 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.

35Regulations

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) 40Regulations 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
and liabilities to be transferred by or under a scheme;

(c) 5requiring 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) requiring a transferor under a scheme to execute such
10instruments, 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
acknowledgement in writing of the rights to production of
15documents.

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

(b) 20that 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,
other property and rights and liabilities under paragraph 13
25(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.

Interpretation

22 (1) 30A 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
institution.

(2) In this Schedule—

• 35“foundation body”, in relation to a school, has the same
  meaning as in SSFA 1998 (see section 21(4) of that Act);

• “trustees”, in relation to a school, means any person (other
  than the governing body) holding property on trust for the
  purposes of the school.

(3) 40In 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
Schedule 22 to SSFA 1998 (disposals of school land on
discontinuance etc);

(b) 45in 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) in 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) 5land acquired from a governing body, foundation
body 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
10Academy which was previously held by the
trustees 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) 15land acquired from a local authority;

(iv) land 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
20acquisition, publicly funded land within the
meaning 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
25land or to the grant of a lease in respect of the land.

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

(a) a compulsory disposal,

(b) in the case of any premises held under a tenancy to which
30Part 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) granting an option to acquire a freehold or leasehold
interest in land.

(6) 35Where—

(a) a person (A) holds a freehold or leasehold interest in land
from which a leasehold interest has been granted to
another person (B), and

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

40for 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-
lease.”

Amendments to Schedule 22 to SSFA 1998

2 45Schedule 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—

• “paragraph 15(3)(d) or 16(6)(d) of Schedule 1 to the Academies
  Act 2010,”.

4 After paragraph A1, insert—

“A1A (1) 5 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-
playing field land.

(2) “Non-playing field land” means land which does not include
playing fields within the meaning of section 77.

(3) 10Accordingly, in this paragraph, paragraphs A2 to A5 and
paragraph A19—

(a) references 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) 15The governing body must give the Secretary of State notice of their
intention 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
20Academy) in respect of the land, and

(b) notify the governing body of that decision.

(6) The 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
25the land, the governing body may not dispose of the land except
in accordance with the direction.”

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
30has decided not to make a direction in respect of the land.”

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

• “paragraph 15(3)(d) or 16(6)(d) of Schedule 1 to the Academies
  Act 2010,”.

7 After paragraph A7, insert—

“A7A (1) 35 This paragraph applies to a disposal of land to which paragraph
A7 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) 40Accordingly, in this paragraph, paragraphs A8 to A11 and
paragraph 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.