|
| |
|
(b) | the amount of the proceeds of disposal notified to the |
| |
authority in accordance with paragraph A18(1)(a) is less |
| |
than the estimated amount of the proceeds of disposal |
| |
specified in the notification of the disposal given to the |
| |
authority under paragraph A16(6). |
| 5 |
(2) | The trustees may, within the review period, give the authority |
| |
notice of their claim to the whole or a part of the “appropriate |
| |
| |
(3) | The “review period” means the period of 6 weeks beginning with |
| |
the date upon which the trustees gave notification of the disposal |
| 10 |
to the authority under paragraph A18(1)(a). |
| |
(4) | Where the trustees give the authority notice of their claim to the |
| |
whole or a part of the “appropriate amount”, the amount of the |
| |
“appropriate amount” which it is appropriate for the authority to |
| |
pay to the trustees (the “refund amount”) is to be determined— |
| 15 |
(a) | by agreement between the trustees and the authority, or |
| |
(b) | by the adjudicator where— |
| |
(i) | the trustees or the authority refer the matter to him |
| |
| |
(ii) | by the time of his determination the matter has not |
| 20 |
been determined by agreement between the |
| |
trustees and the authority. |
| |
(5) | Before making a reference to the adjudicator under sub-paragraph |
| |
(4)(b), the trustees or, as the case may be, the authority, must give |
| |
the other notice of their intention to make the reference. |
| 25 |
(6) | A notice of claim given under sub-paragraph (2) may be |
| |
withdrawn at any time by the trustees giving the authority notice |
| |
| |
(7) | Where the “refund amount” is determined in accordance with |
| |
sub-paragraph (4) to be an amount greater than zero— |
| 30 |
(a) | the authority must pay the “refund amount” to the |
| |
| |
(b) | that amount is to be treated as part of the proceeds of |
| |
disposal for the purposes of paragraph A18. |
| |
A21 (1) | For the purposes of paragraphs A16 to A18, “relevant capital |
| 35 |
expenditure”, in relation to a disposal of land by the trustees of a |
| |
foundation, voluntary or foundation special school, means capital |
| |
expenditure in relation to the premises of— |
| |
| |
(b) | any existing foundation, voluntary or foundation special |
| 40 |
school, city technology college, city college for the |
| |
technology of the arts, or Academy, or |
| |
(c) | any proposed foundation, voluntary or foundation special |
| |
| |
(2) | For the purposes of sub-paragraph (1)(c) it is irrelevant whether |
| 45 |
proposals have yet been published under any enactment in |
| |
respect of the proposed school or Academy in question. |
| |
|
| |
|
| |
|
Duty to have regard to guidance |
| |
A22 (1) | A local education authority, a governing body, a foundation body |
| |
and trustees must have regard, in particular, to any guidance |
| |
given from time to time by the Secretary of State— |
| |
(a) | in determining whether to give a notice, or make a |
| 5 |
reference to the adjudicator, under any of paragraphs A2 |
| |
| |
(b) | in determining the “appropriate amount”, the “relevant |
| |
amount” or the “refund amount” in accordance with any of |
| |
| 10 |
(2) | In determining any matter on a reference made under any of the |
| |
provisions mentioned in sub-paragraph (1), the adjudicator must |
| |
have regard, in particular, to any guidance given from time to time |
| |
by the Secretary of State. |
| |
Power to vary or revoke determinations |
| 15 |
A23 (1) | A determination made by the adjudicator on a reference made to |
| |
him under any of paragraphs A3 to A20 may be varied or revoked |
| |
by a further determination made by him if— |
| |
(a) | the matter is referred to him by a relevant person in |
| |
relation to the determination, and |
| 20 |
(b) | before making the further determination, the adjudicator |
| |
consults such persons as he considers appropriate. |
| |
(2) | A “relevant person” in relation to a determination means— |
| |
(a) | the local education authority, governing body, foundation |
| |
body or trustees who made the reference to the adjudicator |
| 25 |
in relation to which the determination was made, or |
| |
(b) | any other of those persons who could have made that |
| |
| |
Meaning of “capital expenditure” |
| |
A24 (1) | This paragraph applies to the references to capital expenditure in |
| 30 |
the definition of “relevant capital expenditure” in paragraphs A7, |
| |
| |
(2) | Subject to sub-paragraphs (3) and (4), such references are |
| |
| |
(a) | in the case of paragraph A7, expenditure which, if it were |
| 35 |
to be incurred by the governing body, would fall to be |
| |
capitalised in accordance with proper accounting |
| |
| |
(b) | in the case of paragraph A14, expenditure which, if it were |
| |
to be incurred by the foundation body, would fall to be |
| 40 |
capitalised in accordance with proper accounting |
| |
| |
(c) | in the case of paragraph A21, expenditure which, if it were |
| |
to be incurred by the trustees, would fall to be capitalised |
| |
in accordance with proper accounting practices. |
| 45 |
|
| |
|
| |
|
(3) | The Secretary of State may by regulations prescribe classes or |
| |
descriptions of expenditure which are to be treated— |
| |
(a) | for the purposes of paragraph A7 as being, or as not being, |
| |
capital expenditure of any governing body, or any |
| |
prescribed class or description of governing body; |
| 5 |
(b) | for the purposes of paragraph A14 as being, or as not |
| |
being, capital expenditure of any foundation body, or any |
| |
prescribed class or description of foundation body; |
| |
(c) | for the purposes of paragraph A21 as being, or as not |
| |
being, capital expenditure of any trustees, or any |
| 10 |
prescribed class or description of trustee. |
| |
(4) | The Secretary of State may by direction provide that— |
| |
(a) | expenditure of a particular governing body, which is |
| |
expenditure of a particular class or description, is to be |
| |
treated for the purposes of paragraph A7 as being, or as not |
| 15 |
being, capital expenditure of that body; |
| |
(b) | expenditure of a particular foundation body, which is |
| |
expenditure of a particular class or description, is to be |
| |
treated for the purposes of paragraph A14 as being, or as |
| |
not being, capital expenditure of that body; |
| 20 |
(c) | expenditure of particular trustees, which is expenditure of |
| |
a particular class or description, is to be treated for the |
| |
purposes of paragraph A21 as being, or as not being, |
| |
capital expenditure of those persons. |
| |
(5) | Directions under sub-paragraph (4) may be expressed to have |
| 25 |
effect in specified circumstances or subject to specified conditions. |
| |
A25 (1) | For the purposes of paragraph A24, “proper accounting practices”, |
| |
in relation to a governing or foundation body, or to trustees, |
| |
means those accounting practices— |
| |
(a) | which, whether by virtue of any enactment or by reference |
| 30 |
to any generally recognised published code or otherwise, |
| |
are regarded as proper accounting practices to be followed |
| |
in the keeping of accounts by that body, or as the case may |
| |
| |
(b) | which, whether by virtue of any enactment or by reference |
| 35 |
to any generally recognised published code or otherwise, |
| |
are regarded as proper accounting practices to be followed |
| |
in the keeping of accounts by the relevant local education |
| |
| |
(2) | The “relevant local education authority” means the local |
| 40 |
education authority to whom notice of the disposal in question is |
| |
required to be given under paragraph A2, A9 or A16. |
| |
(3) | In the event of conflict between the accounting practices falling |
| |
within paragraph (a) of sub-paragraph (1) and those falling within |
| |
paragraph (b) of that sub-paragraph, only those falling within |
| 45 |
paragraph (a) are to be regarded as proper accounting practices. |
| |
|
| |
|
| |
|
Land required by local education authority for certain purposes |
| |
A26 (1) | A local education authority in England may apply to the |
| |
adjudicator for a transfer order under this paragraph in relation to |
| |
publicly funded land which— |
| |
(a) | is held for the purposes of a foundation, voluntary or |
| 5 |
foundation special school by the governing body of the |
| |
| |
(b) | is held by a foundation body for the purposes of the group |
| |
of schools for which it acts, or |
| |
(c) | is held, or held on trust, for the purposes of a foundation, |
| 10 |
voluntary or foundation special school by the trustees of |
| |
| |
(2) | A transfer order is an order requiring the land in relation to which |
| |
it is made to be transferred by the body or trustees holding it to the |
| |
authority, subject to the payment by the authority of such sum by |
| 15 |
way of consideration (if any) as the adjudicator determines to be |
| |
| |
(3) | Before making an application under sub-paragraph (1) for a |
| |
transfer order in relation to publicly funded land, the authority |
| |
must give the body or trustees holding the land notice of the |
| 20 |
authority’s intention to make the application. |
| |
(4) | An application under sub-paragraph (1) must state the purpose |
| |
for which the land to which it relates is required by the authority |
| |
| |
(5) | Where an application is made under sub-paragraph (1) for a |
| 25 |
transfer order in relation to publicly funded land, the adjudicator |
| |
may make a transfer order if he is satisfied that— |
| |
(a) | the land is not required for the purposes of the school or, |
| |
as the case may be, the schools in the group, |
| |
(b) | the land is required by the authority for the stated purpose, |
| 30 |
(c) | the stated purpose is that the land— |
| |
(i) | is required for the purposes of any school or |
| |
institution which is, or is to be, maintained by the |
| |
authority, or which they have power to assist, |
| |
(ii) | is otherwise required for the purposes of the |
| 35 |
exercise of any of the education functions of the |
| |
local authority who are that authority, or |
| |
(iii) | is required for the provision of services by or on |
| |
behalf of that local authority in the exercise of any |
| |
of their functions as described in any of paragraphs |
| 40 |
(b) to (e) of subsection (1) of section 121 of the |
| |
Education and Inspections Act 2006, and |
| |
(d) | it is appropriate for the land to be used for that purpose. |
| |
(6) | Before making a transfer order the adjudicator must consult the |
| |
body or trustees holding the land in relation to which the |
| 45 |
application for the transfer order is made. |
| |
|
| |
|
| |
|
(7) | In determining whether to make a transfer order, the adjudicator |
| |
must have regard, in particular, to any guidance given from time |
| |
to time by the Secretary of State. |
| |
(8) | Where a transfer order is made, the authority must use the land to |
| |
which it relates for the stated purpose. |
| 5 |
(9) | A transfer order made by the adjudicator may be varied or |
| |
revoked by a further order made by the adjudicator if— |
| |
(a) | an application for its variation or revocation is made to |
| |
him by a relevant person in relation to the order, and |
| |
(b) | before making the further order, the adjudicator consults |
| 10 |
such persons as he considers appropriate. |
| |
(10) | A “relevant person” in relation to a transfer order means— |
| |
(a) | the local education authority who applied for the transfer |
| |
| |
(b) | the body or trustees who held the land to which the order |
| 15 |
| |
A27 (1) | For the purposes of paragraph A26, land held for the purposes of |
| |
a foundation, voluntary or foundation special school by the |
| |
governing body of the school is “publicly funded land” if it is— |
| |
(a) | land acquired under a transfer under section 201(1)(a) of |
| 20 |
| |
(b) | land acquired under any of the following— |
| |
paragraph 2 of Schedule 3; |
| |
paragraph 16 of Schedule 6 (including that provision |
| |
as applied by any enactment); |
| 25 |
paragraph 5(4)(c), 5(4B)(d) or 8A of this Schedule; |
| |
any regulations made under paragraph 5 of Schedule |
| |
| |
(c) | land acquired under any regulations made under— |
| |
section 22 of the Education and Inspections Act 2006 |
| 30 |
by virtue of subsection (3)(b) of that section, or |
| |
section 25 of that Act by virtue of subsection (2)(b) of |
| |
| |
(d) | land acquired from a foundation body, |
| |
(e) | land acquired from the Funding Agency for Schools, |
| 35 |
(f) | land acquired wholly by means of— |
| |
(i) | any maintenance, special purpose or capital grant |
| |
(within the meaning of Chapter 6 of Part 3 of the |
| |
| |
(ii) | any grant paid under any regulations made under |
| 40 |
paragraph 4 of Schedule 32 to this Act, |
| |
(g) | land acquired wholly 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) | land acquired wholly with the proceeds of disposal of any |
| 45 |
land acquired as mentioned in any of paragraphs (a) to (g). |
| |
|
| |
|
| |
|
(2) | Sub-paragraph (1)(g) does not apply in the case of any |
| |
expenditure incurred on or after the appointed day unless the |
| |
| |
(a) | prepared an appropriate statement in relation to the |
| |
| 5 |
(b) | sent a copy of the statement to the governing body either |
| |
before, or no later than 12 months after, the expenditure |
| |
| |
(3) | An “appropriate statement” in relation to expenditure is a |
| |
statement in writing which— |
| 10 |
(a) | contains details of the amount of the expenditure, the |
| |
acquisition or works funded (or to be funded) by such |
| |
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 |
| 15 |
authority as expenditure of a capital nature. |
| |
A28 (1) | For the purposes of paragraph A26, land held by a foundation |
| |
body for the purposes of the group of schools for which it acts is |
| |
“publicly funded land” if it is— |
| |
(a) | land acquired by a governing body of one of the schools in |
| 20 |
the group under a transfer under section 201(1)(a) of the |
| |
| |
(b) | land acquired under any of the following— |
| |
paragraph 2, 4 or 9 of Schedule 3; |
| |
paragraph 16 or 20 of Schedule 6 (including that |
| 25 |
provision as applied by any enactment); |
| |
paragraph 5 or 6 of Schedule 21; |
| |
any regulations made under paragraph 5 of Schedule |
| |
| |
(c) | land acquired under any of the following— |
| 30 |
paragraph 8(5) of Schedule 8 to the Education Act |
| |
| |
paragraph 14(5) of Schedule 10 to the Education Act |
| |
| |
paragraph 28(2) or 31(1) of Schedule 2 to the |
| 35 |
Education and Inspections Act 2006; |
| |
any regulations made under section 22 of that Act by |
| |
virtue of subsection (3)(b) of that section; |
| |
any regulations made under section 25 of that Act by |
| |
virtue of subsection (2)(b) of that section, |
| 40 |
(d) | land acquired from the governing body of a maintained |
| |
| |
(e) | land acquired from another foundation body, |
| |
(f) | land acquired wholly by means of— |
| |
(i) | any grant provided by the Secretary of State on or |
| 45 |
after the appointed day, or |
| |
(ii) | any grant paid under any regulations made under |
| |
paragraph 4 of Schedule 32 to this Act, |
| |
(g) | land acquired wholly by means of expenditure incurred |
| |
for the purposes of any of the schools comprising the |
| 50 |
|
| |
|
| |
|
group for which the body acts and treated by the local |
| |
education authority as expenditure of a capital nature, or |
| |
(h) | land acquired wholly with the proceeds of disposal of any |
| |
land acquired as mentioned in any of paragraphs (a) to (g). |
| |
(2) | Sub-paragraph (1)(g) does not apply in the case of any |
| 5 |
expenditure incurred on or after the appointed day unless the |
| |
| |
(a) | prepared an appropriate statement in relation to the |
| |
| |
(b) | sent a copy of the statement to the foundation body either |
| 10 |
before, or no later than 12 months after, the expenditure |
| |
| |
(3) | An “appropriate statement” in relation to expenditure is a |
| |
statement in writing which— |
| |
(a) | contains details of the amount of the expenditure, the |
| 15 |
acquisition or works funded (or to be funded) by such |
| |
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. |
| 20 |
A29 (1) | For the purposes of paragraph A26, land held, or held on trust, for |
| |
the purposes of a foundation, voluntary or foundation special |
| |
school by the trustees of the school is “publicly funded land” if it |
| |
| |
(a) | land acquired under section 60, 61 or 70 of the Education |
| 25 |
| |
(b) | land acquired under any of the following— |
| |
paragraph 2 of Schedule 3; |
| |
paragraph 16 of Schedule 6 (including that provision |
| |
as applied by any enactment); |
| 30 |
paragraph 5(4B)(d) of this Schedule; |
| |
any regulations made under paragraph 5 of Schedule |
| |
| |
(c) | land acquired under any of the following— |
| |
paragraph 4 or 9 of Schedule 3; |
| 35 |
paragraph 20 of Schedule 6 (including that provision |
| |
as applied by any enactment), |
| |
(d) | land acquired under any of the following— |
| |
paragraph 8(5) of Schedule 8 to the Education Act |
| |
| 40 |
paragraph 14(5) of Schedule 10 to the Education Act |
| |
| |
paragraph 28(2) or 31(1) of Schedule 2 to the |
| |
Education and Inspections Act 2006; |
| |
any regulations made under section 22 of that Act by |
| 45 |
virtue of subsection (3)(b) of that section; |
| |
any regulations made under section 25 of that Act by |
| |
virtue of subsection (2)(b) of that section, |
| |
(e) | land acquired wholly by means of expenditure incurred on |
| |
or after the appointed day for the purposes of the school |
| 50 |
|
| |
|