|
| |
|
(b) | notice of their objection to the proposed use of the |
| |
proceeds of disposal, giving reasons for their objection; |
| |
(c) | notice of their claim to the whole or a part of the proceeds |
| |
| |
(7) | The “requisite period” means the period of 6 weeks beginning |
| 5 |
with the date upon which the foundation body gave notification of |
| |
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(8) | A notice given under sub-paragraph (6) may be withdrawn at any |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 foundation body notice to that |
| |
| 10 |
(9) | The foundation body may not make the disposal within the |
| |
requisite period unless within that period— |
| |
(a) | the authority give the foundation body notice that they |
| |
relinquish any right to give notice under sub-paragraph (6) |
| |
in relation to the disposal, or |
| 15 |
(b) | in a case where notice is given in accordance with sub- |
| |
paragraph (6), the requirements of whichever one or more |
| |
of sub-paragraphs (10), (11) and (12) are applicable are |
| |
| |
(10) | If the authority give notice of their objection to the disposal in |
| 20 |
accordance with sub-paragraph (6)(a), the foundation body may |
| |
not make the disposal until— |
| |
(a) | the adjudicator has approved the disposal on a reference |
| |
made under paragraph A10(1), or |
| |
(b) | the authority withdraw notice of their objection to the |
| 25 |
disposal in accordance with sub-paragraph (8). |
| |
(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 foundation body may not make the disposal until— |
| |
(a) | the relevant capital expenditure upon which the proceeds |
| 30 |
of disposal are to be used is determined in accordance with |
| |
| |
(b) | the authority withdraw notice of their objection to the |
| |
proposed use of the proceeds of disposal in accordance |
| |
| 35 |
(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), |
| |
the foundation body may not make the disposal until— |
| |
(a) | the “appropriate amount” has been determined in |
| |
accordance with paragraph A10(3), or |
| 40 |
(b) | the authority withdraw notice of their claim in accordance |
| |
| |
A10 (1) | Where the authority give the foundation body notice of their |
| |
objection to the disposal in accordance with paragraph A9(6)(a), |
| |
the foundation body or the authority may refer the matter to the |
| 45 |
adjudicator for a determination by him as to whether he approves |
| |
| |
|
| |
|
| |
|
(2) | Where the authority give the foundation body notice of their |
| |
objection to the proposed use of the proceeds of disposal in |
| |
accordance with paragraph A9(6)(b), the relevant capital |
| |
expenditure upon which the proceeds of disposal are to be used is |
| |
| 5 |
(a) | by agreement between the foundation body and the |
| |
| |
(b) | by the adjudicator where— |
| |
(i) | the foundation body refers or the authority refer |
| |
the matter to him for determination, and |
| 10 |
(ii) | by the time of his determination the matter has not |
| |
been determined by agreement between the |
| |
foundation body and the authority. |
| |
(3) | Where the authority give the foundation body notice of their claim |
| |
to the whole or a part of the proceeds of disposal in accordance |
| 15 |
with paragraph A9(6)(c), the amount of the proceeds of disposal |
| |
which it is appropriate for the foundation body to pay to the |
| |
authority (the “appropriate amount”) is to be determined— |
| |
(a) | by agreement between the foundation body and the |
| |
| 20 |
(b) | by the adjudicator where— |
| |
(i) | the foundation body refers 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 |
| 25 |
foundation body and the authority. |
| |
(4) | Before making a reference to the adjudicator under sub-paragraph |
| |
(1), (2)(b) or (3)(b), the foundation body or, as the case may be, the |
| |
authority, must give the other notice of its or their intention to |
| |
| 30 |
A11 (1) | Where the disposal is made, the foundation body must— |
| |
(a) | notify the authority that the disposal has been made and of |
| |
the amount of the proceeds of disposal, and |
| |
(b) | pay the “appropriate amount” (if any) determined in |
| |
accordance with paragraph A10(3) to the authority (where |
| 35 |
that amount is determined to be greater than zero). |
| |
(2) | The foundation body must ensure that the remaining proceeds of |
| |
disposal are used on the agreed relevant capital expenditure. |
| |
(3) | If the amount of the remaining proceeds of disposal exceeds the |
| |
amount of the agreed relevant capital expenditure, then the |
| 40 |
foundation body must ensure that the surplus amount is used on |
| |
relevant capital expenditure. |
| |
(4) | The “agreed relevant capital expenditure” means— |
| |
| |
(i) | no notice of objection to the proposed use of the |
| 45 |
proceeds of disposal was given by the authority in |
| |
accordance with paragraph A9(6)(b), or |
| |
(ii) | such a notice was so given and was then |
| |
withdrawn in accordance with paragraph A9(8), |
| |
|
| |
|
| |
|
| the relevant capital expenditure specified in the |
| |
notification of the disposal given to the authority under |
| |
| |
(b) | in a case where such notice of objection was so given and |
| |
was not withdrawn, the relevant capital expenditure upon |
| 5 |
which the proceeds of disposal are to be used as |
| |
determined in accordance with paragraph A10(2). |
| |
(5) | The “remaining proceeds of disposal” means the amount of the |
| |
proceeds of disposal which remains after deducting— |
| |
(a) | the “appropriate amount” (if any) determined in |
| 10 |
accordance with paragraph A10(3), and |
| |
(b) | the “relevant amount” (if any) determined in accordance |
| |
| |
(6) | Sub-paragraphs (2) and (3) are subject to paragraph A12(4) and (5) |
| |
(restriction on use of proceeds where a claim is made). |
| 15 |
A12 (1) | This paragraph applies where the amount of the proceeds of |
| |
disposal notified to the authority in accordance with paragraph |
| |
A11(1)(a) (“amount A”) exceeds the estimated amount of the |
| |
proceeds of disposal specified in the notification of the disposal |
| |
given to the authority under paragraph A9(4) (“amount E”). |
| 20 |
(2) | The authority may, within the review period, give the foundation |
| |
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 |
| |
| |
(3) | The “review period” means the period of 6 weeks beginning with |
| 25 |
the date upon which the foundation body gave notification of the |
| |
disposal to the authority under paragraph A11(1)(a). |
| |
(4) | The foundation body may not use the excess amount within the |
| |
review period unless within that period— |
| |
(a) | the authority give the foundation body notice that they |
| 30 |
relinquish any right to give notice under sub-paragraph (2) |
| |
in relation to that amount, or |
| |
(b) | in a case where the authority give the foundation body |
| |
notice of their claim to the whole or a part of the excess |
| |
amount in accordance with sub-paragraph (2), the |
| 35 |
requirements of sub-paragraph (5) are met. |
| |
(5) | If the authority give notice of their claim to the whole or a part of |
| |
the excess amount in accordance with sub-paragraph (2), the |
| |
foundation body may not use the excess amount until— |
| |
(a) | the “relevant amount” has been determined in accordance |
| 40 |
with sub-paragraph (6), or |
| |
(b) | the authority withdraw notice of their claim in accordance |
| |
| |
(6) | Where the authority give the foundation body notice of their claim |
| |
to the whole or a part of the excess amount, the amount of the |
| 45 |
excess amount which it is appropriate for the foundation body to |
| |
pay to the authority (the “relevant amount”) is to be determined— |
| |
|
| |
|
| |
|
(a) | by agreement between the foundation body and the |
| |
| |
(b) | by the adjudicator where— |
| |
(i) | the foundation body refers or the authority refer |
| |
the matter to him for determination, and |
| 5 |
(ii) | by the time of his determination the matter has not |
| |
been determined by agreement between the |
| |
foundation body and the authority. |
| |
(7) | Before making a reference to the adjudicator under sub-paragraph |
| |
(6)(b), the foundation body or, as the case may be, the authority, |
| 10 |
must give the other notice of its or their intention to make the |
| |
| |
(8) | A notice of claim given under sub-paragraph (2) may be |
| |
withdrawn at any time by the authority giving the foundation |
| |
body notice to that effect. |
| 15 |
(9) | Where the “relevant amount” is determined in accordance with |
| |
sub-paragraph (6) to be an amount greater than zero, the |
| |
foundation body must pay the “relevant amount” to the authority. |
| |
A13 (1) | This paragraph applies where— |
| |
(a) | the “appropriate amount” (if any) determined in |
| 20 |
accordance with paragraph A10(3) is determined to be an |
| |
amount greater than zero, and |
| |
(b) | the amount of the proceeds of disposal notified to the |
| |
authority in accordance with paragraph A11(1)(a) is less |
| |
than the estimated amount of the proceeds of disposal |
| 25 |
specified in the notification of the disposal given to the |
| |
authority under paragraph A9(4). |
| |
(2) | The foundation body may, within the review period, give the |
| |
authority notice of its claim to the whole or a part of the |
| |
| 30 |
(3) | The “review period” means the period of 6 weeks beginning with |
| |
the date upon which the foundation body gave notification of the |
| |
disposal to the authority under paragraph A11(1)(a). |
| |
(4) | Where the foundation body gives the authority notice of its claim |
| |
to the whole or a part of the “appropriate amount”, the amount of |
| 35 |
the “appropriate amount” which it is appropriate for the authority |
| |
to pay to the foundation body (the “refund amount”) is to be |
| |
| |
(a) | by agreement between the foundation body and the |
| |
| 40 |
(b) | by the adjudicator where— |
| |
(i) | the foundation body refers 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 |
| 45 |
foundation body and the authority. |
| |
(5) | Before making a reference to the adjudicator under sub-paragraph |
| |
(4)(b), the foundation body or, as the case may be, the authority, |
| |
|
| |
|
| |
|
must give the other notice of its or their intention to make the |
| |
| |
(6) | A notice of claim given under sub-paragraph (2) may be |
| |
withdrawn at any time by the foundation body giving the |
| |
authority notice to that effect. |
| 5 |
(7) | Where the “refund amount” is determined in accordance with |
| |
sub-paragraph (4) to be an amount greater than zero— |
| |
(a) | the authority must pay the “refund amount” to the |
| |
| |
(b) | that amount is to be treated as part of the proceeds of |
| 10 |
disposal for the purposes of paragraph A11. |
| |
A14 (1) | For the purposes of paragraphs A9 to A11, “relevant capital |
| |
expenditure”, in relation to a disposal of land by a foundation |
| |
body, means capital expenditure in relation to the premises of— |
| |
(a) | any of the schools comprising the group for which the |
| 15 |
| |
(b) | any existing foundation, voluntary or foundation special |
| |
school, city technology college, city college for the |
| |
technology of the arts, or Academy, or |
| |
(c) | any proposed foundation, voluntary or foundation special |
| 20 |
| |
(2) | For the purposes of sub-paragraph (1)(c) it is irrelevant whether |
| |
proposals have yet been published under any enactment in |
| |
respect of the proposed school or Academy in question. |
| |
Disposal of land by trustees of foundation, voluntary or foundation special school |
| 25 |
A15 (1) | This sub-paragraph applies to any disposal by the trustees of a |
| |
foundation, voluntary or foundation special school in England |
| |
| |
(a) | any land acquired under section 60, 61 or 70 of the |
| |
| 30 |
(b) | any 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); |
| |
paragraph 5(4B)(d) of this Schedule; |
| 35 |
any regulations made under paragraph 5 of Schedule |
| |
| |
(c) | any land acquired under any of the following— |
| |
paragraph 4 or 9 of Schedule 3; |
| |
paragraph 20 of Schedule 6 (including that provision |
| 40 |
as applied by any enactment), |
| |
(d) | any land acquired under any of the following— |
| |
paragraph 8(5) of Schedule 8 to the Education Act |
| |
| |
paragraph 14(5) of Schedule 10 to the Education Act |
| 45 |
| |
|
| |
|
| |
|
paragraph 28(2) or 31(1) of Schedule 2 to the |
| |
Education and Inspections Act 2006 (including that |
| |
provision as applied by any enactment); |
| |
any regulations made under section 22 of that Act by |
| |
virtue of subsection (3)(b) of that section, |
| 5 |
(e) | any land acquired, or enhanced in value, wholly or partly |
| |
by means of expenditure incurred on or after the |
| |
appointed day for the purposes of the school and treated |
| |
by the local education authority as expenditure of a capital |
| |
| 10 |
(f) | any land acquired from the Funding Agency for Schools, |
| |
(g) | any land acquired, or enhanced in value, wholly or partly |
| |
| |
(i) | any maintenance, special purpose or capital grant |
| |
(within the meaning of Chapter 6 of Part 3 of the |
| 15 |
| |
(ii) | any grant paid under section 216(2) of that Act, |
| |
(h) | any land acquired wholly or partly with the proceeds of |
| |
disposal of any land acquired or enhanced in value as |
| |
mentioned in paragraph (f) or (g), |
| 20 |
(i) | any land acquired, or enhanced in value, wholly or partly |
| |
by means of any grant made in pursuance of a special |
| |
agreement (as defined by section 32(5) of the Education |
| |
| |
(j) | any land acquired, or enhanced in value, wholly or partly |
| 25 |
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 |
| |
| 30 |
(k) | any land acquired, or enhanced in value, wholly or partly |
| |
with the proceeds of disposal of any land acquired or |
| |
enhanced in value as mentioned in paragraph (j). |
| |
(2) | This sub-paragraph applies to any disposal by the trustees of a |
| |
foundation or foundation special school in England of— |
| 35 |
(a) | any land acquired by the trustees from the governing body |
| |
of the school or of another foundation or foundation |
| |
special school which was land— |
| |
(i) | acquired by the governing body under a transfer |
| |
under section 201(1)(a) of the Education Act 1996, |
| 40 |
(ii) | acquired by the governing body under any of the |
| |
provisions mentioned in sub-paragraph (1)(b) or |
| |
under paragraph 8A of this Schedule, or |
| |
(iii) | acquired by the governing body, or enhanced in |
| |
value, wholly or partly with the proceeds of |
| 45 |
disposal of land acquired as mentioned in sub- |
| |
paragraph (i) or (ii), or |
| |
(b) | any land acquired, or enhanced in value, wholly or partly |
| |
with the proceeds of disposal of any land acquired as |
| |
mentioned in sub-paragraph (1)(b). |
| 50 |
|
| |
|
| |
|
(3) | This sub-paragraph applies to any disposal by the trustees of a |
| |
voluntary school in England of— |
| |
(a) | any land acquired by the governing body of the school— |
| |
(i) | under a transfer under section 201(1)(a) of the |
| |
| 5 |
(ii) | wholly or partly with the proceeds of disposal of |
| |
| |
| and transferred by the governing body to be held on trust |
| |
| |
(b) | in the case of a school to which sub-paragraph (4) applies, |
| 10 |
any land acquired, or enhanced in value, wholly or partly |
| |
by means of expenditure incurred under section 63 or 64 of |
| |
| |
(4) | This sub-paragraph applies to a voluntary aided school which |
| |
was, immediately before the appointed day, a controlled school |
| 15 |
within the meaning of the Education Act 1996. |
| |
(5) | Sub-paragraph (1)(e) does not apply in the case of any expenditure |
| |
| |
(a) | prepared an appropriate statement in relation to the |
| |
| 20 |
(b) | sent a copy of the statement to the trustees either before, or |
| |
no later than 12 months after, the expenditure was |
| |
| |
(6) | An “appropriate statement” in relation to expenditure is a |
| |
statement in writing which— |
| 25 |
(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 |
| 30 |
authority as expenditure of a capital nature. |
| |
(7) | Where the trustees of a foundation, voluntary or foundation |
| |
special school wish, in the case of any land held by them for the |
| |
purposes of the school, to use the land for purposes not connected |
| |
with the provision of education in maintained schools the |
| 35 |
preceding provisions of this paragraph and paragraphs A16 to |
| |
A18 apply (subject to the modifications specified in paragraphs |
| |
A16(15), A17(5) and A18(7)) as if any such change of use of the |
| |
land were a disposal of the land. |
| |
A16 (1) | This paragraph applies to a disposal of land to which sub- |
| 40 |
paragraph (1), (2) or (3) of paragraph A15 applies. |
| |
(2) | But this paragraph only applies to a disposal if, or to the extent |
| |
that, it comprises a disposal of non-playing land which does not |
| |
fall within sub-paragraph (5). |
| |
(3) | “Non-playing field land” means land which does not include |
| 45 |
playing fields within the meaning of section 77. |
| |
(4) | Accordingly, in this paragraph and paragraphs A17 to A20— |
| |
|
| |
|