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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

168

 

(c)   

for the purposes of paragraph A21 as being, or as not

being, capital expenditure of any trustees, or any

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

5

expenditure of a particular class or description, is to be

treated for the purposes of paragraph A7 as being, or as not

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

10

treated for the purposes of paragraph A14 as being, or as

not being, capital expenditure of that body;

(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,

15

capital expenditure of those persons.

      (5)  

Directions under sub-paragraph (4) may be expressed to have

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,

20

means those accounting practices—

(a)   

which, whether by virtue of any enactment or by reference

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

25

be, those persons, or

(b)   

which, whether by virtue of any enactment or by reference

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

30

authority.

      (2)  

The “relevant local education authority” means the local

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

35

within paragraph (a) of sub-paragraph (1) and those falling within

paragraph (b) of that sub-paragraph, only those falling within

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

40

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

foundation special school by the governing body of the

school,

45

(b)   

is held by a foundation body for the purposes of the group

of schools for which it acts, or

 

 

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

169

 

(c)   

is held, or held on trust, for the purposes of a foundation,

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

5

authority, subject to the payment by the authority of such sum by

way of consideration (if any) as the adjudicator determines to be

appropriate.

      (3)  

In determining whether to make an application under sub-

paragraph (1) for a transfer order, a local education authority must

10

have regard, in particular, to any guidance given from time to time

by the Secretary of State.

      (4)  

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

15

authority’s intention to make the application.

      (5)  

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”).

      (6)  

In relation to the content of such an application, a local education

20

authority must have regard, in particular, to any guidance given

from time to time by the Secretary of State.

      (7)  

Where an application is made under sub-paragraph (1) for a

transfer order in relation to publicly funded land, the adjudicator

may make a transfer order if he is satisfied that—

25

(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,

(c)   

the stated purpose is a qualifying purpose, and

(d)   

it is appropriate for the land to be used for that purpose.

30

      (8)  

For the purposes of sub-paragraph (7)(c) the stated purpose is a

qualifying purpose if it falls within one or more of the following

descriptions of purpose—

(a)   

the land is required for the purposes of any school or

institution which is, or is to be, maintained by the

35

authority, or which they have power to assist;

(b)   

the land is otherwise required for the purposes of the

exercise of any of the functions of the authority;

(c)   

the land is required for the provision of children’s services

by or on behalf of the local authority who are that authority

40

in the exercise of any of the relevant functions of that local

authority.

      (9)  

For the purposes of sub-paragraph (8)(c)—

“children’s services” are services provided for or in relation

to any of the following persons (whether or not they are

45

also provided for or in relation to any other persons)—

(a)   

children;

(b)   

persons aged 18 or 19;

 

 

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

170

 

(c)   

persons over the age of 19 who are receiving services

under sections 23C to 24D of the Children Act 1989;

(d)   

persons over the age of 19 but under the age of 25 who

have a learning difficulty, within the meaning of

section 13 of the Learning and Skills Act 2000, and are

5

receiving services under that Act;

“relevant functions” means the functions described in any of

paragraphs (a), (c), (d) or (e) of subsection (1) of section 126

of the Education and Inspections Act 2006.

     (10)  

Before making a transfer order the adjudicator must consult the

10

body or trustees holding the land in relation to which the

application for the transfer order is made.

     (11)  

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.

15

     (12)  

Where a transfer order is made, the authority must use the land to

which it relates for the stated purpose.

     (13)  

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

20

him by a relevant person in relation to the order, and

(b)   

before making the further order, the adjudicator consults

such persons as he considers appropriate.

     (14)  

A “relevant person” in relation to a transfer order means—

(a)   

the local education authority who applied for the transfer

25

order, or

(b)   

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

relates.

A27   (1)  

For the purposes of paragraph A26, land held for the purposes of

a foundation, voluntary or foundation special school by the

30

governing body of the school is “publicly funded land” if it is—

(a)   

land acquired under a transfer under section 201(1)(a) of

the Education Act 1996,

(b)   

land acquired under any of the following—

paragraph 2 of Schedule 3;

35

paragraph 16 of Schedule 6 (including that provision

as applied by any enactment);

paragraph 5(4)(c), 5(4B)(d) or 8A of this Schedule;

any regulations made under paragraph 5 of Schedule

8;

40

paragraph 28(2) of Schedule 2 to the Education and

Inspections Act 2006 (including that provision as

applied by any enactment),

(c)   

land acquired under any regulations made under—

section 22 of the Education and Inspections Act 2006

45

by virtue of subsection (3)(b) of that section, or

section 25 of that Act by virtue of subsection (2)(b) of

that section,

 

 

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

171

 

(d)   

land acquired from a foundation body,

(e)   

land acquired from the Funding Agency for Schools,

(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

5

Education Act 1996), or

(ii)   

any grant paid under any regulations made under

paragraph 4 of Schedule 32 to this Act other than a

grant paid under such regulations to the governing

body of a voluntary aided school,

10

(g)   

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,

15

(h)   

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

(i)   

land acquired wholly with the proceeds of disposal of any

land acquired as mentioned in any of paragraphs (a) to (h).

20

      (2)  

Sub-paragraph (1)(h) 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

25

(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—

30

(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

35

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 under any of the following—

40

paragraph 2, 4 or 9 of Schedule 3;

paragraph 16 or 20 of Schedule 6 (including that

provision as applied by any enactment);

paragraph 5 or 6 of Schedule 21;

paragraph 5(4B)(d) of this Schedule;

45

any regulations made under paragraph 5 of Schedule

8,

(b)   

land acquired under any of the following—

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

2002;

50

 

 

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

172

 

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 (including that

provision as applied by any enactment);

5

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,

(c)   

land acquired from the governing body of a maintained

10

school,

(d)   

land acquired from another foundation body,

(e)   

land acquired wholly by means of—

(i)   

any grant provided by the Secretary of State on or

after the appointed day other than a grant made on

15

or after 1st April 2007 under paragraph 5 of

Schedule 3 (including that provision as applied by

any enactment), or

(ii)   

any grant paid under any regulations made under

paragraph 4 of Schedule 32 to this Act other than a

20

grant paid under such regulations to the governing

body of a voluntary aided school,

(f)   

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

25

as applied by any enactment) in relation to which notice is

given in accordance with paragraph A30,

(g)   

land acquired wholly by means of expenditure incurred

for the purposes of any of the schools comprising the

group for which the body acts and treated by the local

30

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

expenditure incurred on or after the appointed day unless the

35

authority—

(a)   

prepared an appropriate statement in relation to the

expenditure, and

(b)   

sent a copy of the statement to the foundation body either

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

40

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

acquisition or works funded (or to be funded) by such

45

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.

A29   (1)  

For the purposes of paragraph A26, land held, or held on trust, for

50

the purposes of a foundation, voluntary or foundation special

 

 

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

173

 

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

Act 1996,

(b)   

land acquired under any of the following—

5

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;

any regulations made under paragraph 5 of Schedule

10

8,

(c)   

land acquired under any of the following—

paragraph 4 or 9 of Schedule 3;

paragraph 20 of Schedule 6 (including that provision

as applied by any enactment),

15

(d)   

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

2005;

20

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,

25

(e)   

land acquired wholly 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,

(f)   

land acquired from the Funding Agency for Schools,

30

(g)   

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),

(ii)   

any grant paid under section 216(2) of that Act, or

35

(iii)   

any grant paid under any regulations made under

paragraph 4 of Schedule 32 to this Act other than a

grant paid under such regulations to the governing

body of a voluntary aided school,

(h)   

land acquired wholly or partly by means of any grant

40

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,

(i)   

land acquired wholly with the proceeds of disposal of any

45

land acquired as mentioned in any of paragraphs (f) to (h),

or

(j)   

land acquired wholly by means of any grant made in

pursuance of a special agreement (as defined by section

32(5) of the Education Act 1996).

50

 

 

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

174

 

      (2)  

For the purposes of paragraph A26, land held, or held on trust, for

the purposes of a foundation or foundation special school by the

trustees of the school is also “publicly funded land” if it is—

(a)   

land acquired by the trustees from the governing body of

the school or of another foundation or foundation special

5

school which was land—

(i)   

acquired by the governing body under a transfer

under section 201(1)(a) of the Education Act 1996,

(ii)   

acquired by the governing body under any of the

provisions mentioned in sub-paragraph (1)(b) or

10

under paragraph 8A of this Schedule, or

(iii)   

acquired by the governing body wholly with the

proceeds of disposal of land acquired as mentioned

in sub-paragraph (i) or (ii), or

(b)   

land acquired wholly with the proceeds of disposal of any

15

land acquired as mentioned in sub-paragraph (1)(b).

      (3)  

For the purposes of paragraph A26, land held, or held on trust, for

the purposes of a voluntary school by the trustees of the school is

also “publicly funded land” if it is—

(a)   

land acquired by the governing body of the school—

20

(i)   

under a transfer under section 201(1)(a) of the

Education Act 1996, or

(ii)   

wholly with the proceeds of disposal of any land so

acquired,

   

and transferred by the governing body to be held on trust

25

by the trustees, or

(b)   

in the case of a school to which sub-paragraph (4) applies,

land acquired wholly 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

30

was, immediately before the appointed day, a controlled school

within the meaning of the Education Act 1996.

      (5)  

Land held, or held on trust, for the purposes of a foundation,

voluntary or foundation special school by the trustees of the

school is not “publicly funded land” for the purposes of paragraph

35

A26 if it is—

(a)   

land acquired under section 60 or 61 of the Education Act

1996, or

(b)   

land acquired under paragraph 2 or 4 of Schedule 3 to this

Act,

40

           

by the trustees of an institution which is, or has at any time been,

within the further education sector (as defined by section 4(3) of

the Education Act 1996).

      (6)  

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

unless the authority—

45

(a)   

prepared an appropriate statement in relation to the

expenditure, and

(b)   

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

no later than 12 months after, the expenditure was

incurred.

50

 

 

 
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