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Jacqui Smith
300
Schedule 4, page 159, leave out lines 20 to 22.
Jacqui Smith
301
Schedule 4, page 159, line 27, at end insert—
'paragraph 5(4B)(d) of this Schedule;'.
Jacqui Smith
302
Schedule 4, page 159, line 36, after '2006' insert '(including that provision as applied by any enactment)'.
Jacqui Smith
303
Schedule 4, page 159, line 46, after 'day' insert 'other than a grant made on or after 1st April 2007 under paragraph 5 of Schedule 3 (including that provision as applied by any enactment)'.
Jacqui Smith
304
Schedule 4, page 159, line 48, after 'Act' insert 'other than a grant paid under such regulations to the governing body of a voluntary aided school'.
Jacqui Smith
305
Schedule 4, page 159, line 48, at end insert—
'(fa) land acquired wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A30,'.
Jacqui Smith
306
Schedule 4, page 160, line 44, after '2006' insert '(including that provision as applied by any enactment)'.
Jacqui Smith
307
Schedule 4, page 160, leave out lines 47 and 48.
Jacqui Smith
308
Schedule 4, page 161, line 10, after 'Act' insert 'other than a grant paid under such regulations to the governing body of a voluntary aided school'.
Jacqui Smith
309
Schedule 4, page 161, line 10, at end insert—
'(ga) land acquired wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A30,'.
Jacqui Smith
310
Schedule 4, page 161, line 12, leave out 'paragraph (f) or (g)' and insert 'any of paragraphs (f) to (ga)'.
Jacqui Smith
311
Schedule 4, page 162, line 24, at end insert—
| A30 | (1) | Where a grant is made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment), the Secretary of State may within the relevant period give the body or other persons to whom the grant is made notice that— |
(a) any land acquired, or enhanced in value, wholly or partly by means of the grant is land falling within paragraph A1(1)(fa), A8(1)(ea) and A15(1)(j), and
(b) any land acquired wholly or partly by means of the grant is land falling within paragraph A27(1)(fa), A28(1)(fa) and A29(1)(ga).
| (2) | The "relevant period" means the period of 6 months beginning with the date upon which the grant is made.".'. |
Jacqui Smith
312
Schedule 4, page 163, line 28, leave out from '(1)(b)' to end of line 29 and insert '—
(a) for "Secretary of State" substitute "appropriate authority", and
(b) for sub-paragraphs (i) and (ii) substitute—
| "(i) | under section 19(1) requiring a foundation, voluntary or foundation special school in Wales to be discontinued, |
| (ii) | under section 32(1) requiring a foundation special school in Wales to be discontinued, |
| (iii) | under section 55(1) of the Education and Inspections Act 2006 requiring a foundation, voluntary or foundation special school in England to be discontinued, or |
| (iv) | under section 16(1) of that Act requiring a foundation special school in England to be discontinued.".'. |
Jacqui Smith
313
Schedule 4, page 163, line 34, after 'A1(1)' insert 'other than land falling within sub-paragraph (2A)'.
Jacqui Smith
314
Schedule 4, page 163, line 37, at end insert—
| '() | After sub-paragraph (2) insert— |
"(2A) Land falls within this sub-paragraph if it is—
(a) land falling within paragraph (fa) of paragraph A1(1) by virtue of being land enhanced in value as mentioned in that paragraph, or
(b) land falling within paragraph (h) of paragraph A1(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.
| (2B) | If the school is in England and the governing body dispose of any land falling within sub-paragraph (2A) which is held by them for the purposes of the school, paragraph A1 shall apply to them.".'. |
Jacqui Smith
315
Schedule 4, page 164, line 2, after 'A8(1)' insert 'other than land falling within sub-paragraph (3A)'.
Jacqui Smith
316
Schedule 4, page 164, line 6, at end insert—
| '() | After sub-paragraph (3) insert— |
"(3A) Land falls within this sub-paragraph if it is—
(a) land falling within paragraph (ea) of paragraph A8(1) by virtue of being land enhanced in value as mentioned in that paragraph, or
(b) land falling within paragraph (g) of paragraph A8(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.
| (3B) | If the school is in England and the foundation body disposes of any land falling within sub-paragraph (3A) which is held by it for the purposes of the schools comprising the group, paragraph A8 shall apply to it.".'. |
Jacqui Smith
317
Schedule 4, page 164, line 18, at end insert—
| '() | After sub-paragraph (4) insert— |
"(4ZA) Where the school is in England, the trustees of the school shall apply to the appropriate authority for it to exercise its powers under sub-paragraph (4B) in relation to any land falling within paragraph A15(1), (2) or (3), other than land falling within sub-paragraph (4ZB), which is held by the trustees for the purposes of the school.
| (4ZB) | Land falls within this sub-paragraph if it is— |
(a) land falling within paragraph (j) of paragraph A15(1) by virtue of being land enhanced in value as mentioned in that paragraph, or
(b) land falling within paragraph (k) of paragraph A15(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.".'.
Jacqui Smith
318
Schedule 4, page 164, line 19, leave out from '(4A)' to end of line 26 and insert '—
(a) after "Where the school" insert "is in Wales and", and
(b) for "Secretary of State for him to exercise his" substitute "appropriate authority for it to exercise its".'.
Jacqui Smith
319
Schedule 4, page 164, line 27, at end insert—
'( ) after "under sub-paragraph" insert "(4ZA) or",'.
Jacqui Smith
320
Schedule 4, page 164, line 35, leave out from 'appropriate;",' to end of line 37 and insert—
'( ) in paragraph (b) for the words from "for the purposes of another" to the end substitute "—
| (i) | in the case of a school in England, for the purposes of another foundation, voluntary or foundation special school, or |
| (ii) | in the case of a school in Wales, for the purposes of another foundation or foundation special school or for the purposes of a voluntary school, |
direct the trustees to exercise that power in such manner as the appropriate authority may specify;",
( ) in paragraph (c) after "sub-paragraph" insert "(4ZA) or, as the case may be,", and
( ) in paragraphs (c) and (d) for "he", wherever occurring, substitute "the appropriate authority".'.
Jacqui Smith
321
Schedule 4, page 164, line 38, after '(5)' insert '—
(a) after "(3)" insert ", (4ZA)", and'.
Jacqui Smith
322
Schedule 4, page 164, line 42, leave out from 'within' to end of line 44 and insert 'sub-paragraph (4ZB), or'.
Jacqui Smith
323
Schedule 4, page 164, line 47, leave out from 'paragraph' to end of line 6 on page 165 and insert 'A15 shall apply to them.".'.
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