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PART II |
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FOUNDATION, VOLUNTARY AND FOUNDATION SPECIAL SCHOOLS: DISCONTINUANCE |
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Disposal of land on discontinuance of foundation, voluntary or foundation special school |
| | 5. - (1) This paragraph applies where-
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(a) proposals to discontinue a foundation, voluntary or foundation special school under section 28(1) or (2), section 30(1) or (2) or paragraph 5 of Schedule 7- |
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(i) have been approved or adopted under paragraph 3 or 8 of Schedule 6 or paragraph 8, 9 or 14 of Schedule 7, or
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(ii) have been determined to be implemented under paragraph 4 or 9 of Schedule 6, or
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(b) the Secretary of State has given a direction- |
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(i) under section 19 requiring a maintained school to be discontinued, or
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(ii) under section 31(1) requiring a foundation special school to be discontinued.
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(2) The governing body of the school shall apply to the Secretary of State for him to exercise his powers under sub-paragraph (4) below in relation to any land falling within paragraphs (a) to (f) of paragraph 1(1) which is held by them for the purposes of the school.
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(3) Where the school is a member of the group for which a foundation body acts, the body shall apply to the Secretary of State for him to exercise his powers under sub-paragraph (4) below in relation to any land falling within paragraphs (a) to (f) of paragraph 2(1) which is held by it for the purposes of the school.
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(4) On an application under sub-paragraph (2) or (3), the Secretary of State may do either or both of the following, namely-
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(a) make any such requirement as is mentioned in paragraph 1(2)(a); and |
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(b) direct the governing body or the foundation body, as the case may be, to pay, either to him or to such local authority as he 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 referred to in sub-paragraph (2) or (3), as the case may be. |
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(5) Where the governing body or foundation body fail to make an application as required by sub-paragraph (2) or (3), as the case may be, the Secretary of State may nevertheless make any such requirement or give any such direction as is mentioned in sub-paragraph (4).
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(6) Where the trustees of the school-
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(a) dispose of any land held by them for the purposes of the school, or |
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(b) wish to use any such land for purposes not connected with the provision of education in maintained schools, |
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paragraph 3 shall apply to them.
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(7) Where sub-paragraph (6)(b) applies in relation to any land-
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(a) the use of land as mentioned in that sub-paragraph shall be treated as a disposal of that land, and |
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(b) the value of the land as at the date of any determination under paragraph 3(2) or of any direction under paragraph 3(7), as the case may be, shall be treated as proceeds of disposal of the land, |
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for the purposes of paragraph 3.
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Discontinuance of foundation or voluntary school by its governing body: land and premises |
| | 6. - (1) This paragraph applies where the governing body of a foundation or voluntary school apply for the Secretary of State's consent to serve a notice under section 29.
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(2) If the Secretary of State gives such consent, he may impose any requirements on the governing body or, where the school is a member of the group for which a foundation body acts, on the foundation body that he thinks just-
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(a) in respect of the repayment of all or part of any expenditure incurred by him as mentioned in section 29(2); |
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(b) in respect of the transfer to the local education authority of any premises used for the purposes of the school which he is satisfied the authority will need for any purpose connected with education; |
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(c) (where any premises are to be so transferred) in respect of the payment by the authority of so much of the value of those premises as is just having regard to the extent to which the premises were provided otherwise than at the expense of the authority or of an authority within section 29(2)(c); |
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(d) (where any premises used for the purposes of the school are not to be so transferred) in respect of the payment by the governing body or the foundation body, as the case may be, to the authority of so much of the value of those premises as is just having regard to the extent to which they were provided at the expense of the authority or of an authority within section 29(2)(c). |
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(3) Where the trustees of the school-
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(a) dispose of any land held by them for the purposes of the school, or |
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(b) wish to use any such land for purposes not connected with the provision of education in maintained schools, |
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paragraph 3 shall apply to them.
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(4) Where sub-paragraph (3)(b) applies in relation to any land-
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(a) the use of land as mentioned in that sub-paragraph shall be treated as a disposal of that land, and |
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(b) the value of the land as at the date of any determination under paragraph 3(2) or of any direction under paragraph 3(7), as the case may be, shall be treated as proceeds of disposal of the land, |
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for the purposes of paragraph 3.
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Disposal of property held by governing body on discontinuance of foundation, voluntary or foundation special school |
| | 7. - (1) This paragraph applies-
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(a) in a case to which paragraph 5 applies, or |
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(b) where the governing body of a foundation or voluntary school have served notice of their intention to discontinue the school under section 29. |
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(2) Where this paragraph applies-
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(a) all land or other property of the governing body of the school which is used or held for the purposes of the school, and |
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(b) all rights and liabilities of the governing body subsisting immediately before the discontinuance date which were acquired or incurred for the purposes of the school, |
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shall be transferred to, and by virtue of this Act vest in, the local education authority on the discontinuance date.
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(3) Sub-paragraph (2) does not apply to-
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(a) any land for which provision has been made for transfer under paragraph 5(4) or 6(2), |
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(b) any property of whatever nature which is held by them on trust for the purposes of the school, or |
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(c) any liabilities of the governing body in respect of any loan made to the governing body. |
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(4) In sub-paragraph (2) "the discontinuance date" means the date of implementation of the proposals under paragraph 13, 14 or 15 of Schedule 6, the date when the school is discontinued under section 29 or the date specified in the direction given under section 19(1) or 31(1), as the case may be.
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