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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)   

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

of disposal.

      (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A notice given under sub-paragraph (6) may be withdrawn at any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

effect.

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

met.

     (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

paragraph A10(2), or

(b)   

the authority withdraw notice of their objection to the

proposed use of the proceeds of disposal in accordance

with sub-paragraph (8).

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

with sub-paragraph (8).

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

the disposal.

 

 

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

155

 

      (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

to be determined—

5

(a)   

by agreement between the foundation body and the

authority, or

(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

authority, or

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

make the reference.

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—

(a)   

in a case where—

(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),

 

 

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

156

 

   

the relevant capital expenditure specified in the

notification of the disposal given to the authority under

paragraph A9(4), and

(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

with paragraph A12(6).

      (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

excess amount”).

      (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

with sub-paragraph (8).

      (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—

 

 

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

157

 

(a)   

by agreement between the foundation body and the

authority, or

(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

reference.

      (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

“appropriate amount”.

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

determined—

(a)   

by agreement between the foundation body and the

authority, or

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,

 

 

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

158

 

must give the other notice of its or their intention to make the

reference.

      (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

foundation body, and

(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

body acts,

(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

school, or Academy.

      (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

of—

(a)   

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

Education Act 1996,

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

8,

(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

2002;

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

45

2005;

 

 

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

159

 

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

nature,

10

(f)   

any land acquired from the Funding Agency for Schools,

(g)   

any land acquired, or enhanced in value, wholly or partly

by means of—

(i)   

any maintenance, special purpose or capital grant

(within the meaning of Chapter 6 of Part 3 of the

15

Education Act 1996), or

(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

Act 1996),

(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

paragraph A30, or

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

 

 

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

160

 

      (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

Education Act 1996, or

5

(ii)   

wholly or partly with the proceeds of disposal of

any land so acquired,

   

and transferred by the governing body to be held on trust

by the trustees, or

(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

the Education Act 1996.

      (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

unless the authority—

(a)   

prepared an appropriate statement in relation to the

expenditure, and

20

(b)   

sent a copy of the statement to the trustees either before, or

no later than 12 months after, the expenditure was

incurred.

      (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—

 

 

 
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