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Education and Inspections Bill


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

154

 

(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

amount”.

      (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

for determination, and

(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withdrawn at any time by the trustees giving the authority notice

to that effect.

      (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

trustees, and

(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—

(a)   

the school,

(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

school, or Academy.

      (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.

 

 

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

155

 

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

to A20, or

(b)   

in determining the “appropriate amount”, the “relevant

amount” or the “refund amount” in accordance with any of

those paragraphs.

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

reference.

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,

A14 and A21.

      (2)  

Subject to sub-paragraphs (3) and (4), such references are

references to—

(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

practices;

(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

practices;

(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

 

 

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

156

 

      (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

be, those persons, or

(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

authority.

      (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.

 

 

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

157

 

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

school,

(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

the school.

      (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

appropriate.

      (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

(“the stated purpose”).

      (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.

 

 

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

158

 

      (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

order, or

(b)   

the body or trustees who held the land to which the order

15

relates.

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

the Education Act 1996,

(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

8,

(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

that section,

(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

Education Act 1996), or

(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).

 

 

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

159

 

      (2)  

Sub-paragraph (1)(g) does not apply in the case of any

expenditure incurred on or after the appointed day unless the

authority—

(a)   

prepared an appropriate statement in relation to the

expenditure, and

5

(b)   

sent a copy of the statement to the governing body either

before, or no later than 12 months after, the expenditure

was incurred.

      (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

Education Act 1996,

(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

8,

(c)   

land acquired under any of the following—

30

paragraph 8(5) of Schedule 8 to the Education Act

2002;

paragraph 14(5) of Schedule 10 to the Education Act

2005;

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

school,

(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

 

 

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

160

 

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

authority—

(a)   

prepared an appropriate statement in relation to the

expenditure, and

(b)   

sent a copy of the statement to the foundation body either

10

before, or no later than 12 months after, the expenditure

was incurred.

      (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

is—

(a)   

land acquired under section 60, 61 or 70 of the Education

25

Act 1996,

(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

8,

(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

2002;

40

paragraph 14(5) of Schedule 10 to the Education Act

2005;

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

 

 

 
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