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SCHEDULE 22
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FOUNDATION, VOLUNTARY AND FOUNDATION SPECIAL SCHOOLS: DISPOSAL OF LAND AND DISCONTINUANCE |
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PART I |
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FOUNDATION, VOLUNTARY AND FOUNDATION SPECIAL SCHOOLS: DISPOSAL OF LAND |
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Disposal of land by governing body of foundation, voluntary or foundation special school |
| | 1. - (1) This paragraph applies to any disposal by the governing body of a foundation, voluntary or foundation special school of-
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(a) any land acquired under a transfer under section 201(1)(a) of the Education Act 1996, or acquired under paragraph 2 of Schedule 3 or paragraph 16 of Schedule 6 or under any regulations made under paragraph 4 of Schedule 8; |
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(b) any land acquired from a foundation body; |
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(c) any land acquired from the Funding Agency for Schools; |
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(d) any land acquired, or enhanced in value, wholly or partly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of the Education Act 1996); |
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(e) any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred for the purposes of the school and treated by the local education authority as expenditure of a capital nature; or |
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(f) any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in any of paragraphs (a) to (e). |
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(2) The governing body shall not make any such disposal without the written consent of the Secretary of State.
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(3) Where the governing body apply to the Secretary of State for his consent to any such disposal, he may do one or more of the following, namely-
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(a) require the land or any part of the land to be transferred to such local authority as he may specify, subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate; and |
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(b) give the governing body, when the land or any part of the land is disposed of- |
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(i) a direction to pay, either to him or to such local authority as he may specify, the whole or any part of the proceeds of disposal; and
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(ii) a direction as to the use to which the whole or any part of the proceeds of disposal should be put.
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(4) More than one direction may be given under sub-paragraph (3)(b)(i) in relation to a disposal of land under sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.
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Disposal of land by foundation body |
| | 2. - (1) This paragraph applies to any disposal by a foundation body of-
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(a) any land acquired under paragraph 2, 4 or 9 of Schedule 3, paragraph 16 or 20 of Schedule 6 or paragraph 5 or 6 of Schedule 21 or under any regulations made under paragraph 4 of Schedule 8; |
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(b) any land acquired from the governing body of a maintained school; |
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(c) any land acquired from another foundation body; |
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(d) any land acquired, or enhanced in value, wholly or partly by means of any grant provided by the Secretary of State on or after the appointed day; |
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(e) any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred for the purposes of any of the schools comprising the group for which the body acts and treated by the local education authority as expenditure of a capital nature; or |
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(f) any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in any of paragraphs (a) to (e). |
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(2) The foundation body shall not make any such disposal without the written consent of the Secretary of State.
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(3) Where the foundation body apply to the Secretary of State for his consent to any such disposal, he may do either or both of the following, namely-
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(a) make any such requirement as is mentioned in paragraph 1(3)(a); and |
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(b) give any such direction to the foundation body as he could give to a governing body under paragraph 1(3)(b). |
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(4) More than one direction may be given under sub-paragraph (3)(b) to make a payment in relation to the proceeds of disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.
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Disposal of land by trustees of foundation, voluntary or foundation special school |
| | 3. - (1) This paragraph applies to any disposal by the trustees of a foundation, voluntary or foundation special school of-
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(a) any land acquired under section 60, 61 or 70 of the Education Act 1996, under paragraph 2, 4 or 9 of Schedule 3 or paragraph 16 or 20 of Schedule 6 or under any regulations made under paragraph 4 of Schedule 8; |
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(b) any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred under section 63 or 64 of the Education Act 1996; |
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(c) any land enhanced in value wholly or partly by means of expenditure incurred on or after the appointed day for the purposes of the school and treated by the local education authority as expenditure of a capital nature; |
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(d) any land acquired by the governing body of the school- |
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(i) under a transfer under section 201(1)(a) of the Education Act 1996, or
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(ii) wholly or partly with the proceeds of disposal of any land so acquired,
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and transferred by the governing body to be held on trust by the trustees; |
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(e) any land acquired from the Funding Agency for Schools; |
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(f) any land acquired, or enhanced in value, wholly or partly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of the Education Act 1996); |
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(g) any land acquired wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in paragraph (e) or (f); or |
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(h) any land acquired, or enhanced in value, wholly or partly by means of any grant made in pursuance of a special agreement (within the meaning of section 32(5) of the Education Act 1996). |
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(2) Where paragraph (a), (b), (c) or (d) of sub-paragraph (1) applies, the trustees shall notify the local education authority that that paragraph applies to them and they or their successors shall pay to the authority so much of the proceeds of disposal as may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the Secretary of State.
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(3) In making any determination under sub-paragraph (2), the trustees and the authority, or the Secretary of State, as the case may be, shall have regard in particular to-
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(a) the value, as at the date of the determination, of the land acquired from the authority; |
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(b) any enhancement in value of the land attributable to expenditure by the local education authority on school buildings on the land; and |
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(c) any payments already made by the trustees to the authority- |
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(i) in respect of the current school site; or
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(ii) under section 60(4) of the Education Act 1996 or under paragraph 2(6) of Schedule 3 or paragraph 16(5) of Schedule 6 to this Act.
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(4) More than one determination may be made under sub-paragraph (2) in relation to a disposal of land under sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.
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(5) Sub-paragraph (2) does not apply in the case of land acquired under section 60 or 61 of the Education Act 1996 or under paragraph 2 or 4 of Schedule 3 to this Act by the trustees of an institution which is, or has at any time been, within the further education sector (within the meaning of section 4(3) of the Education Act 1996).
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(6) Where paragraph (e), (f) or (g) of sub-paragraph (1) applies, the trustees shall notify the local education authority that that paragraph applies to them and they and their successors shall (subject to sub-paragraph (7)) undertake to the authority to hold the proceeds of disposal on trust-
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(a) for the purposes of the school, or |
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(i) of any other existing foundation, voluntary or foundation special school, or
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(ii) of any other proposed foundation, voluntary or foundation special school, whether or not proposals have yet been published under section 27 or 30 in respect of that proposed school.
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(7) Where it appears to the Secretary of State that the trustees have not given a suitable undertaking under sub-paragraph (6), the Secretary of State may direct the trustees to pay to the authority the whole or any part of the proceeds of disposal.
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(8) More than one direction may be given under sub-paragraph (7) in relation to a disposal of land under sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.
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(9) Where paragraph (h) of sub-paragraph (1) applies, the governing body of the school shall repay the grant referred to in that paragraph to the local education authority by whom the school is maintained, unless the governing body and the authority otherwise agree.
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Land required by local education authority for new school |
| | 4. - (1) This paragraph applies where, on an application made by a local education authority, the Secretary of State is satisfied-
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(a) that any relevant land held, or held on trust, for the purposes of a foundation, voluntary or foundation special school- |
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(i) by the governing body or the trustees of the school, or
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(ii) by a foundation body,
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is not required for the purposes of the school; and |
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(b) that that land is required by the authority as the site for a new maintained school or as the site to which a maintained school is to be transferred. |
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(2) In such a case the Secretary of State may by order require the relevant land to be transferred to the authority by the body or trustees holding the land, subject to the payment by the authority of such sum by way of consideration (if any) as he determines to be appropriate.
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(3) In this paragraph "relevant land" means land which was acquired by the governing body of the school under a transfer under section 201(1)(a) of the Education Act 1996.
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