Education and Inspections Bill

House of Commons

Session 2005 - 06
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Education and Inspections Bill

Education and Inspections Bill
Schedule 3 — Amendments relating to school organisation
133

school or foundation special school (or a proposed such school),
paragraph 16 of Schedule 6 to the School Standards and
Framework Act 1998 applies as it applies in the circumstances
mentioned in sub-paragraph (1) of that paragraph.
6     (1)
In relation to England, where the governing body of a voluntary
5
aided school are required by paragraph 3(3)(b) of this Schedule to
implement proposals to make an alteration to the school,
paragraph 5 of Schedule 3 to the School Standards and Framework
Act 1998 (grants by Secretary of State in respect of expenditure on
premises and equipment) applies in relation to the school.
10
      (2)
In relation to Wales, paragraph 17 of Schedule 6 to the School
Standards and Framework Act 1998 (grants in respect of certain
expenditure relating to voluntary aided schools) applies in
relation to the obligation under paragraph 3(3)(b) of this Schedule
as it applies in relation to the obligations referred to in sub-
15
paragraph (1)(a) of that paragraph 17.
7     (1)
A local education authority in England 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 imposed on the governing body under this
20
Schedule.
      (2)
Paragraph 31 of Schedule 2 to the Education and Inspections Act
2006 applies in relation to assistance under sub-paragraph (1) as it
applies in relation to assistance under paragraph 30 of that
Schedule.
25
      (3)
In relation to Wales, paragraph 18 of Schedule 6 to the School
Standards and Framework Act 1998 (assistance from LEA in
respect of voluntary aided schools) applies in relation to
obligations imposed on the governing body of a voluntary aided
school under this Schedule as it applies in relation to the
30
obligations referred to in that paragraph, and paragraph 20 of that
Schedule (duty on LEA to transfer interest in premises provided
under paragraph 18) applies accordingly.”
Education Act 2002 (c. 32)
39    (1)
Section 129 of EA 2002 (transfer of employment) is amended as follows.
35
      (2)
In subsection (1)(a), for the words from “section” to “1998” substitute “the
relevant school organisation provisions (as defined by subsection (6))”.
      (3)
After subsection (5) insert—
“(6)
In subsection (1)(a) “the relevant school organisation provisions”
means—
40
(a)
in relation to England, section 28, 28A or 31 of the School
Standards and Framework Act 1998, section 66 of the
Education Act 2005 or section 7 or 10 of the Education and
Inspections Act 2006, and
(b)
in relation to Wales, section 28 or 31 of the School Standards
45
and Framework Act 1998.”

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
134

Education Act 2005 (c. 18)
40
Omit sections 64 to 67 of EA 2005 (which relate to school organisation in
England).
41    (1)
Section 68 of EA 2005 (proposals for establishment of federated school) is
amended as follows.
5
      (2)
At the end of the heading insert “in Wales”.
      (3)
In subsection (1)—
(a)
in paragraph (a), omit “, 28A”,
(b)
at the end of paragraph (b), insert “or”, and
(c)
omit paragraphs (d) and (e).
10
42
In section 69 of EA 2005 (LEA not to establish school on opposite side of
Welsh border), omit paragraph (a).
43
Omit section 73 of EA 2005 (interpretation of Part 2).
44
Omit Schedules 10 and 11 to EA 2005 (which relate to school organisation in
England).
15
Schedule 4
Section 34

Disposals and changes of use of land
Part 1
Amendments to Schedule 22 to SSFA 1998
1
Schedule 22 to SSFA 1998 (disposal of land by foundation, voluntary or
20
foundation special schools and disposals on discontinuance) is amended as
follows.
2
Before Part 1 of the Schedule insert—
“Part A1
Foundation, voluntary and foundation special schools in england:
25
disposals of land
Disposal of land by governing body of foundation, voluntary or foundation special
school
A1    (1)
This paragraph applies to any disposal by the governing body of
a foundation, voluntary or foundation special school in England
30
of—
(a)
any land acquired under a transfer under section 201(1)(a)
of the Education Act 1996,
(b)
any land acquired under any of the following—
paragraph 2 of Schedule 3;
35
paragraph 16 of Schedule 6 (including that provision
as applied by any enactment);

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
135

paragraph 5(4)(c), 5(4B)(d) or 8A of this Schedule;
any regulations made under paragraph 5 of Schedule
8,
(c)
any land acquired under any regulations made under—
section 22 of the Education and Inspections Act 2006
5
by virtue of subsection (3)(b) of that section, or
section 25 of that Act by virtue of subsection (2)(b) of
that section,
(d)
any land acquired from a foundation body,
(e)
any land acquired from the Funding Agency for Schools,
10
(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 6 of Part 3 of the
Education Act 1996),
(g)
any land acquired, or enhanced in value, wholly or partly
15
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
(h)
any land acquired, or enhanced in value, wholly or partly
with the proceeds of disposal of any land acquired or
20
enhanced in value as mentioned in any of paragraphs (a)
to (g).
      (2)
But this paragraph does not apply to any disposal which—
(a)
is made by the governing body of a foundation or
foundation special school after 7th June 2005, and
25
(b)
is a disposal to the trustees of the school made on the
school becoming a school with a foundation falling within
section 21(1)(a).
      (3)
Sub-paragraph (1)(g) does not apply in the case of any
expenditure incurred on or after the appointed day unless the
30
authority—
(a)
prepared an appropriate statement in relation to the
expenditure, and
(b)
sent a copy of the statement to the governing body either
before, or no later than 12 months after, the expenditure
35
was incurred.
      (4)
An “appropriate statement” in relation to expenditure is a
statement in writing which—
(a)
contains details of the amount of the expenditure, the
acquisition or works funded (or to be funded) by such
40
expenditure, and the total cost (or estimated total cost) of
that acquisition or those works, and
(b)
indicates that the expenditure was being treated by the
authority as expenditure of a capital nature.
A2    (1)
This paragraph applies to a disposal of land to which paragraph
45
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.

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
136

      (3)
Accordingly, in this paragraph and paragraphs A3 to A6—
(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)
The governing body must give the local education authority notice
5
of their intention to dispose of the land.
      (5)
That notification must specify—
(a)
the relevant capital expenditure upon which it is proposed
the proceeds of disposal are to be used, and
(b)
the estimated amount of those proceeds.
10
      (6)
The authority may, within the requisite period, give the governing
body any or all of the following—
(a)
notice of their objection to the disposal, giving reasons for
their objection;
(b)
notice of their objection to the proposed use of the
15
proceeds of disposal, giving reasons for their objection;
(c)
notice of their claim to the whole or a part of the proceeds
of disposal.
      (7)
The “requisite period” means the period of 6 weeks beginning
with the date upon which the governing body gave notification of
20
the disposal to the authority under sub-paragraph (4).
      (8)
A notice given under sub-paragraph (6) may be withdrawn at any
time by the authority giving the governing body notice to that
effect.
      (9)
The governing body may not make the disposal within the
25
requisite period unless within that period—
(a)
the authority give the governing body notice that they
relinquish any right to give notice under sub-paragraph (6)
in relation to the disposal, or
(b)
in a case where notice is given in accordance with sub-
30
paragraph (6), the requirements of whichever one or more
of sub-paragraphs (10), (11) and (12) are applicable are
met.
     (10)
If the authority give notice of their objection to the disposal in
accordance with sub-paragraph (6)(a), the governing body may
35
not make the disposal until—
(a)
the adjudicator has approved the disposal on a reference
made under paragraph A3(1), or
(b)
the authority withdraw notice of their objection to the
disposal in accordance with sub-paragraph (8).
40
     (11)
If the authority give notice of their objection to the proposed use
of the proceeds of disposal in accordance with sub-paragraph
(6)(b), the governing body may not make the disposal until—
(a)
the relevant capital expenditure upon which the proceeds
of disposal are to be used is determined in accordance with
45
paragraph A3(2), or

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
137

(b)
the authority withdraw notice of their objection to the
proposed use of the proceeds of disposal in accordance
with sub-paragraph (8).
     (12)
If the authority give notice of their claim to the whole or a part of
the proceeds of disposal in accordance with sub-paragraph (6)(c),
5
the governing body may not make the disposal until—
(a)
the “appropriate amount” has been determined in
accordance with paragraph A3(3), or
(b)
the authority withdraw notice of their claim in accordance
with sub-paragraph (8).
10
A3    (1)
Where the authority give the governing body notice of their
objection to the disposal in accordance with paragraph A2(6)(a),
the governing body or the authority may refer the matter to the
adjudicator for a determination by him as to whether he approves
the disposal.
15
      (2)
Where the authority give the governing body notice of their
objection to the proposed use of the proceeds of disposal in
accordance with paragraph A2(6)(b), the relevant capital
expenditure upon which the proceeds of disposal are to be used is
to be determined—
20
(a)
by agreement between the governing body and the
authority, or
(b)
by the adjudicator where—
(i)
the governing body or the authority refer the
matter to him for determination, and
25
(ii)
by the time of his determination the matter has not
been determined by agreement between the
governing body and the authority.
      (3)
Where the authority give the governing body notice of their claim
to the whole or a part of the proceeds of disposal in accordance
30
with paragraph A2(6)(c), the amount of the proceeds of disposal
which it is appropriate for the governing body to pay to the
authority (the “appropriate amount”) is to be determined—
(a)
by agreement between the governing body and the
authority, or
35
(b)
by the adjudicator where—
(i)
the governing body or the authority refer the
matter to him for determination, and
(ii)
by the time of his determination the matter has not
been determined by agreement between the
40
governing body and the authority.
      (4)
Before making a reference to the adjudicator under sub-paragraph
(1), (2)(b) or (3)(b), the governing body or, as the case may be, the
authority, must give the other notice of their intention to make the
reference.
45
A4    (1)
Where the disposal is made, the governing body must—
(a)
notify the authority that the disposal has been made and of
the amount of the proceeds of disposal, and

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
138

(b)
pay the “appropriate amount” (if any) determined in
accordance with paragraph A3(3) to the authority (where
that amount is determined to be greater than zero).
      (2)
The governing body must ensure that the remaining proceeds of
disposal are used on the agreed relevant capital expenditure.
5
      (3)
If the amount of the remaining proceeds of disposal exceeds the
amount of the agreed relevant capital expenditure, then the
governing body must ensure that the surplus amount is used on
relevant capital expenditure.
      (4)
The “agreed relevant capital expenditure” means—
10
(a)
in a case where—
(i)
no notice of objection to the proposed use of the
proceeds of disposal was given by the authority in
accordance with paragraph A2(6)(b), or
(ii)
such a notice was so given and was then
15
withdrawn in accordance with paragraph A2(8),

the relevant capital expenditure specified in the
notification of the disposal given to the authority under
paragraph A2(4), and
(b)
in a case where such notice of objection was so given and
20
was not withdrawn, the relevant capital expenditure upon
which the proceeds of disposal are to be used as
determined in accordance with paragraph A3(2).
      (5)
The “remaining proceeds of disposal” means the amount of the
proceeds of disposal which remains after deducting—
25
(a)
the “appropriate amount” (if any) determined in
accordance with paragraph A3(3), and
(b)
the “relevant amount” (if any) determined in accordance
with paragraph A5(6).
      (6)
Sub-paragraphs (2) and (3) are subject to paragraph A5(4) and (5)
30
(restriction on use of proceeds where a claim is made).
A5    (1)
This paragraph applies where the amount of the proceeds of
disposal notified to the authority in accordance with paragraph
A4(1)(a) (“amount A”) exceeds the estimated amount of the
proceeds of disposal specified in the notification of the disposal
35
given to the authority under paragraph A2(4) (“amount E”).
      (2)
The authority may, within the review period, give the governing
body notice of their claim to the whole or a part of the amount
which is the difference between amount A and amount E (“the
excess amount”).
40
      (3)
The “review period” means the period of 6 weeks beginning with
the date upon which the governing body gave notification of the
disposal to the authority under paragraph A4(1)(a).
      (4)
The governing body may not use the excess amount within the
review period unless within that period—
45
(a)
the authority give the governing body notice that they
relinquish any right to give notice under sub-paragraph (2)
in relation to that amount, or

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
139

(b)
in a case where the authority give the governing body
notice of their claim to the whole or a part of the excess
amount in accordance with sub-paragraph (2), the
requirements of sub-paragraph (5) are met.
      (5)
If the authority give notice of their claim to the whole or a part of
5
the excess amount in accordance with sub-paragraph (2), the
governing body may not use the excess amount until—
(a)
the “relevant amount” has been determined in accordance
with sub-paragraph (6), or
(b)
the authority withdraw notice of their claim in accordance
10
with sub-paragraph (8).
      (6)
Where the authority give the governing body notice of their claim
to the whole or a part of the excess amount, the amount of the
excess amount which it is appropriate for the governing body to
pay to the authority (the “relevant amount”) is to be determined—
15
(a)
by agreement between the governing body and the
authority, or
(b)
by the adjudicator where—
(i)
the governing body or the authority refer the
matter to him for determination, and
20
(ii)
by the time of his determination the matter has not
been determined by agreement between the
governing body and the authority.
      (7)
Before making a reference to the adjudicator under sub-paragraph
(6)(b), the governing body or, as the case may be, the authority,
25
must give the other notice of their intention to make the reference.
      (8)
A notice of claim given under sub-paragraph (2) may be
withdrawn at any time by the authority giving the governing body
notice to that effect.
      (9)
Where the “relevant amount” is determined in accordance with
30
sub-paragraph (6) to be an amount greater than zero, the
governing body must pay the “relevant amount” to the authority.
A6    (1)
This paragraph applies where—
(a)
the “appropriate amount” (if any) determined in
accordance with paragraph A3(3) is determined to be an
35
amount greater than zero, and
(b)
the amount of the proceeds of disposal notified to the
authority in accordance with paragraph A4(1)(a) is less
than the estimated amount of the proceeds of disposal
specified in the notification of the disposal given to the
40
authority under paragraph A2(4).
      (2)
The governing body may, within the review period, give the
authority notice of their claim to the whole or a part of the
“appropriate amount”.
      (3)
The “review period” means the period of 6 weeks beginning with
45
the date upon which the governing body gave notification of the
disposal to the authority under paragraph A4(1)(a).