School Standards and Framework Bill - continued        House of Commons
SCHEDULE 6, STATUTORY PROPOSALS: PROCEDURE AND IMPLEMENTATION - continued

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  PART IV
  PROVISION OF PREMISES AND OTHER ASSISTANCE
 
Provision of site and buildings for foundation, voluntary controlled or foundation special school
     16. - (1) This paragraph applies where a local education authority are required-
 
 
    (a) by virtue of paragraph 13(2) or (3) to provide a site or buildings (or both) for a foundation or voluntary controlled school or a proposed such school; or
 
    (b) by virtue of paragraph 15(2) or (3) to provide a site or buildings (or both) for a foundation special school.
      (2) The authority shall transfer their interest in the site or buildings (or both), and (in the case of a site) their interest in any buildings on the site which are to form part of the school premises-
 
 
    (a) to the school's trustees, 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 or (in the absence of such a body) to the governing body, to be held by that body for the relevant purposes.
      (3) If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it shall be made to such persons as the Secretary of State thinks proper.
 
      (4) The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.
 
      (5) Where-
 
 
    (a) a transfer is made under this paragraph, and
 
    (b) the transfer is made to persons who possess, or are or may become entitled to, any sum representing proceeds of the sale of other premises which have been used for the purposes of the school,
  those persons shall notify the local education authority that paragraph (b) applies to them and they or their successors shall pay to the local education authority so much of that sum as, having regard to the value of the interest transferred, may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the Secretary of State.
 
      (6) In sub-paragraph (5)(b) the reference to proceeds of the sale of other premises includes a reference to-
 
 
    (a) consideration for the creation or disposition of any kind of interest in other premises, including rent; and
 
    (b) interest which has accrued in respect of any such consideration.
      (7) Any sum paid under sub-paragraph (5) shall be treated for the purposes of section 14 of the Schools Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school.
 
      (8) The Secretary of State shall not make a determination under sub-paragraph (5) in respect of any property subject to a trust which has arisen under section 1 of the Reverter of Sites Act 1987 (right of reverter replaced by trust for sale) unless he is satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.
 
      (9) Sub-paragraph (5) shall apply for the purpose of compensating the authority notified under that sub-paragraph only in relation to such part of the sum mentioned in sub-paragraph (5)(b) (if any) as remains after the application of paragraphs 1 to 3 of Schedule 22 to that sum.
 
      (10) In this paragraph-
 
 
    "the relevant purposes" means-
 
      (a) in relation to a transfer to a school's foundation body, the purposes of the schools comprising the group for which that body acts, or
 
      (b) in relation to a transfer to a school's governing body, the purposes of the school;
 
    "site" does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.
 
Grants in respect of certain expenditure relating to existing or proposed voluntary aided school
     17. - (1) This paragraph applies where-
 
 
    (a) the governing body of a voluntary aided school are required by virtue of paragraph 14(2) to implement proposals relating to a prescribed alteration to the school; or
 
    (b) any promoters are required by virtue of paragraph 14(3) to implement proposals involving the establishment of a new voluntary aided school.
      (2) Paragraph 5 of Schedule 3-
 
 
    (a) shall apply in relation to the voluntary aided school mentioned in sub-paragraph (1)(a) above; and
 
    (b) shall apply in relation to the new voluntary aided school mentioned in sub-paragraph (1)(b) above as it applies in relation to an existing voluntary aided school.
      (3) In the application of that paragraph in relation to a new voluntary aided school-
 
 
    (a) the references to the governing body, in relation to any time before the governing body are constituted, are to the promoters; and
 
    (b) where requirements are imposed in relation to grant paid by virtue of this paragraph to the promoters, the requirements shall be complied with by the governing body, when they are constituted, as well as by the promoters.
 
Assistance in respect of maintenance and other obligations relating to voluntary aided school
     18. A local education authority may give to the governing body of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by the governing body of any obligation arising by virtue of paragraph 14(2) in relation to proposals published by them under section 27.
 
 
Assistance for promoters of new voluntary aided school
     19. A local education authority may give to persons required by virtue of paragraph 14(3) to implement proposals involving the establishment of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by those persons of any obligation arising by virtue of that provision.
 
 
Duty to transfer interest in premises provided under paragraph 18 or 19
     20. - (1) Where assistance under paragraph 18 or 19 consists of the provision of any premises for use for the purposes of a school, the local education authority shall transfer their interest in the premises-
 
 
    (a) to the trustees of the school to be held 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 relevant purposes.
      (2) If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer it shall be made to such persons as the Secretary of State thinks proper.
 
      (3) The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.
 
      (4) In this paragraph "the relevant purposes" means, in relation to a transfer to a school's foundation body, the purposes of the schools comprising the group for which that body acts.
 
 
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Prepared 4 December 1997