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PART III |
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INTERPRETATION |
| | 8. - (1) In this Schedule-
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(a) "the trustees", in relation to a school, means any person (other than the governing body) holding property on trust for the purposes of the school; |
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(b) "disposal" means the creation or disposal of any kind of interest in land (whether compulsory or not); |
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(c) references to "proceeds of disposal", in relation to a disposal of land, are references to- |
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(i) any consideration or compensation for the disposal, including rent; and
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(ii) interest which has accrued in respect of any such consideration.
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(2) In sub-paragraph (1)-
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(a) the reference to the creation or disposal of any kind of interest in land includes, in the case of any premises held under a tenancy to which Part II of the Landlord and Tenant Act 1954 ("the 1954 Act") applies, the termination of that tenancy under that Part of that Act, and |
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(b) the reference to compensation for the disposal includes any compensation paid by the landlord on the quitting of any such premises by the governing body, foundation body or trustees (whether or not the compensation is required to be paid by section 37 of that Act (compensation where order for new tenancy precluded on certain grounds)). |
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(3) In sub-paragraph (2) expressions to which a meaning is given for the purposes of the 1954 Act have the same meaning as in that Act.
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(4) In paragraphs 1(1), 3(1) and 4(3) references, in relation to the governing body or trustees of a foundation, voluntary or foundation special school and in relation to a time before the appointed day-
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(a) to any land being acquired in a particular way, or |
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(b) to any grant being provided in a particular way, |
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are references to the land being acquired in that way by, or (as the case may be) to the grant being provided in that way to, the governing body or trustees of that school at a time when it was a voluntary, grant-maintained or grant-maintained special school within the meaning of the Education Act 1996.
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(5) In paragraphs 1(1) and 3(1) references, in relation to the governing body or trustees of a foundation, voluntary or foundation special school and in relation to a time before the appointed day, to any expenditure being incurred for the purposes of the school are references to such expenditure being incurred for the purposes of that school at a time when it was a voluntary, grant-maintained or grant-maintained special school within the meaning of the Education Act 1996.
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