|
| |
|
(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 |
| |
(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 |
| |
(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 |
| |
| 45 |
(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, |
| |
voluntary or foundation special school by the trustees of |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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)— |
| |
| |
(b) | persons aged 18 or 19; |
| |
|
| |
|
| |
|
(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 |
| |
(b) | the body or trustees who held the land to which the order |
| |
| |
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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
(a) | prepared an appropriate statement in relation to the |
| |
| 25 |
(b) | sent a copy of the statement to the governing body either |
| |
before, or no later than 12 months after, the expenditure |
| |
| |
(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 |
| |
| |
(b) | land acquired under any of the following— |
| |
paragraph 8(5) of Schedule 8 to the Education Act |
| |
| 50 |
|
| |
|
| |
|
paragraph 14(5) of Schedule 10 to the Education Act |
| |
| |
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 |
| |
(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 |
| |
| |
(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 |
| |
(a) | prepared an appropriate statement in relation to the |
| |
| |
(b) | sent a copy of the statement to the foundation body either |
| |
before, or no later than 12 months after, the expenditure |
| 40 |
| |
(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 |
| |
|
| |
|
| |
|
school by the trustees of the school is “publicly funded land” if it |
| |
| |
(a) | land acquired under section 60, 61 or 70 of the Education |
| |
| |
(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 |
| |
(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 |
| |
| |
paragraph 14(5) of Schedule 10 to the Education Act |
| |
| 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 |
| |
| |
(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), |
| |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
(ii) | wholly with the proceeds of disposal of any land so |
| |
| |
| and transferred by the governing body to be held on trust |
| 25 |
| |
(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 |
| |
(a) | land acquired under section 60 or 61 of the Education Act |
| |
| |
(b) | land acquired under paragraph 2 or 4 of Schedule 3 to this |
| |
| 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 |
| |
| |
(6) | Sub-paragraph (1)(e) does not apply in the case of any expenditure |
| |
| 45 |
(a) | prepared an appropriate statement in relation to the |
| |
| |
(b) | sent a copy of the statement to the trustees either before, or |
| |
no later than 12 months after, the expenditure was |
| |
| 50 |
|
| |
|