Education and Inspections Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

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
175

      (7)
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
expenditure, and the total cost (or estimated total cost) of
5
that acquisition or those works, and
(b)
indicates that the expenditure was being treated by the
authority as expenditure of a capital nature.
Notice in relation to grants under paragraph 5 of Schedule 3
A30   (1)
Where a grant is made on or after 1st April 2007 by the Secretary
10
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
15
by means of the grant is land falling within paragraph
A1(1)(g), A8(1)(f) and A15(1)(j), and
(b)
any land acquired wholly or partly by means of the grant
is land falling within paragraph A27(1)(g), A28(1)(f) and
A29(1)(h).
20
      (2)
The “relevant period” means the period of 6 months beginning
with the date upon which the grant is made.”
3
In the heading to Part 1 of the Schedule after “SCHOOLS” insert “IN
WALES”.
4     (1)
Paragraph 1 is amended as follows.
25
      (2)
In sub-paragraph (1) after “foundation special school” insert “in Wales”.
      (3)
In sub-paragraphs (2) and (3) for “Secretary of State” substitute “Assembly”.
      (4)
In sub-paragraph (3)—
(a)
for “his” substitute “its”,
(b)
for “he”, wherever occurring, substitute “the Assembly”, and
30
(c)
for “him” substitute “the Assembly”.
5     (1)
Paragraph 2 is amended as follows.
      (2)
In sub-paragraph (1)—
(a)
after “by a foundation body” insert “in Wales”, and
(b)
in paragraph (d) for “Secretary of State” substitute “Assembly”.
35
      (3)
After that sub-paragraph insert—
   “(1A)
A “foundation body in Wales” means a foundation body where
each of the schools comprising the group of schools for which the
foundation body acts is maintained by a local education authority
in Wales.”
40
      (4)
In sub-paragraphs (2) and (3) for “Secretary of State” substitute “Assembly”.
      (5)
In sub-paragraph (3)—
(a)
for “his” substitute “its”, and

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
176

(b)
for “he”, wherever occurring, substitute “the Assembly”.
6     (1)
Paragraph 2A is amended as follows.
      (2)
In sub-paragraph (1) after “trustees of a foundation or foundation special
school” insert “in Wales”.
      (3)
In sub-paragraphs (3) and (4) for “Secretary of State” substitute “Assembly”.
5
      (4)
In sub-paragraph (4)—
(a)
for “his” substitute “its”, and
(b)
for “he”, wherever occurring, substitute “the Assembly”.
      (5)
In sub-paragraph (6) after “foundation special school” insert “in Wales”.
7     (1)
Paragraph 3 is amended as follows.
10
      (2)
In sub-paragraph (1) after “foundation special school” insert “in Wales”.
      (3)
In sub-paragraph (2) after “voluntary aided school” insert “in Wales”.
      (4)
In sub-paragraphs (3) and (4) for “Secretary of State” substitute “Assembly”.
      (5)
In sub-paragraph (9)—
(a)
for “Secretary of State”, wherever occurring, substitute “Assembly”,
15
and
(b)
for “he” substitute “the Assembly”.
      (6)
In sub-paragraph (12) after “foundation special school” insert “in Wales”.
8     (1)
Paragraph 4 is amended as follows.
      (2)
In sub-paragraph (1)—
20
(a)
after “local education authority” insert “in Wales”, and
(b)
for “Secretary of State” substitute “Assembly”.
      (3)
In sub-paragraph (2)—
(a)
for “Secretary of State” substitute “Assembly”, and
(b)
for “he” substitute “the Assembly”.
25
9     (1)
Paragraph 5 is amended as follows.
      (2)
In sub-paragraph (1)(b)—
(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,
30
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 60(1) of the Education and
35
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
40
foundation special school in England to be
discontinued.”

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
177

      (3)
In sub-paragraph (2) for the words from “Secretary of State” to the end
substitute “appropriate authority for it to exercise its powers under sub-
paragraph (4) below in relation to—
(a)
if the school is in England, any land falling within paragraphs (a) to
(i) of paragraph A1(1) other than land falling within sub-paragraph
5
(2A), or
(b)
if the school is in Wales, any land falling within paragraphs (a) to (f)
of paragraph 1(1),

which is held by the body for the purposes of the school.”
      (4)
After sub-paragraph (2) insert—
10
   “(2A)
Land falls within this sub-paragraph if it is—
(a)
land falling within paragraph (g) of paragraph A1(1) by
virtue of being land enhanced in value as mentioned in
that paragraph, or
(b)
land falling within paragraph (i) of paragraph A1(1) by
15
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
20
the purposes of the school, paragraph A1 shall apply to them.”
      (5)
In sub-paragraph (3) for the words from “Secretary of State” to the end
substitute “appropriate authority for it to exercise its powers under sub-
paragraph (4) below in relation to—
(a)
if the school is in England, any land falling within paragraphs (a) to
25
(h) of paragraph A8(1) other than land falling within sub-paragraph
(3A), or
(b)
if the school is in Wales, any land falling within paragraphs (a) to (f)
of paragraph 2(1),

which is held by the body for the purposes of the schools comprising the
30
group.”
      (6)
After sub-paragraph (3) insert—
   “(3A)
Land falls within this sub-paragraph if it is—
(a)
land falling within paragraph (f) of paragraph A8(1) by
virtue of being land enhanced in value as mentioned in
35
that paragraph, or
(b)
land falling within paragraph (h) 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.
40
     (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.”
      (7)
In sub-paragraph (4)—
45
(a)
for “Secretary of State” substitute “appropriate authority”,

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
178

(b)
for paragraph (a) substitute—
“(a)
require the land or any part of the land to be
transferred to such local authority as the
appropriate authority may specify, subject to the
payment by that local authority of such sum by
5
way of consideration (if any) as the appropriate
authority determines to be appropriate;”,
(c)
in paragraph (b) for “him” and “he” substitute “the appropriate
authority”, and
(d)
in paragraph (c) for “he” substitute “the appropriate authority”.
10
      (8)
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-
15
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
20
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.”
25
      (9)
In sub-paragraph (4A)—
(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”.
     (10)
In sub-paragraph (4B)—
30
(a)
after “under sub-paragraph” insert “(4ZA) or”,
(b)
for “Secretary of State” substitute “appropriate authority”,
(c)
for paragraph (a) substitute—
“(a)
require the land or any part of the land to be
transferred to such local authority as the
35
appropriate authority may specify, subject to the
payment by that local authority of such sum by
way of consideration (if any) as the appropriate
authority determines to be appropriate;”,
(d)
in paragraph (b) for the words from “for the purposes of another” to
40
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
45
purposes of another foundation or
foundation special school or for the
purposes of a voluntary school,

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
179


direct the trustees to exercise that power in such
manner as the appropriate authority may specify;”,
(e)
in paragraph (c) after “sub-paragraph” insert “(4ZA) or, as the case
may be,”, and
(f)
in paragraphs (c) and (d) for “he”, wherever occurring, substitute
5
“the appropriate authority”.
     (11)
In sub-paragraph (5)—
(a)
after “(3)” insert “, (4ZA)”, and
(b)
for “Secretary of State” substitute “appropriate authority”.
     (12)
After that sub-paragraph insert—
10
   “(5A)
Where the school is in England and the trustees of the school—
(a)
dispose of any land falling within sub-paragraph (4ZB), or
(b)
wish to use any such land for purposes not connected with
the provision of education in maintained schools,

paragraph A15 shall apply to them.”
15
     (13)
In sub-paragraph (6) after “Where” insert “the school is in Wales and”.
10    (1)
Paragraph 6 is amended as follows.
      (2)
In sub-paragraph (1) for “Secretary of State’s” substitute “appropriate
authority’s”.
      (3)
In sub-paragraph (2)—
20
(a)
for “Secretary of State” substitute “appropriate authority”,
(b)
for “he”, wherever occurring, substitute “the appropriate authority”,
(c)
for “the authority”, wherever occurring, substitute “the local
education authority”, and
(d)
for “him” substitute “the appropriate authority”.
25
      (4)
After sub-paragraph (3) insert—
   “(3A)
Where the school is in England and the trustees of the school—
(a)
dispose of any land falling within paragraph A15(1), (2) or
(3), or
(b)
wish to use any such land for purposes not connected with
30
the provision of education in maintained schools,

paragraph A15 shall apply to them.”
      (5)
In sub-paragraph (4) after “Where” insert “the school is in Wales and”.
11
In paragraph 7, in sub-paragraphs (2)(ii), (3)(c) and (6), for “Secretary of
State” substitute “appropriate authority”.
35
12
In paragraph 8(2)—
(a)
for “Secretary of State” substitute “appropriate authority”,
(b)
for “he”, wherever occurring, substitute “the appropriate authority”,
(c)
for “him” substitute “the appropriate authority”, and
(d)
for “the authority”, wherever occurring, substitute “the local
40
education authority”.

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
180

13
After paragraph 8 insert—
“Part 2A
Maintained school: transfer of land from trustee to governing body
8A    (1)
This paragraph applies where the trustee of one or more
foundation or foundation special schools falling within sub-
5
paragraph (2) is a body corporate.
      (2)
A foundation or foundation special school falls within this sub-
paragraph if it is a school in England—
(a)
which, after the commencement of section 23A, is
established with a foundation or altered so as to acquire a
10
foundation, or
(b)
which does not fall within paragraph (a) but whose
instrument of government provides for the majority of
governors to be foundation governors.
      (3)
Where—
15
(a)
the body corporate has under any enactment passed a
resolution for its winding up,
(b)
a court has made an order for the winding up of the body
corporate,
(c)
the body corporate has been removed under subsection (4)
20
of section 3 of the Charities Act 1993 from the register of
charities kept under that section, or
(d)
prescribed conditions relating to the ability of the body
corporate to pay its debts or to its continued existence as a
body corporate or as a charity are met,
25

the Secretary of State may make an order under this paragraph.
      (4)
Conditions may be prescribed under sub-paragraph (3)(d) by
reference to the opinion of the Secretary of State as to any
prescribed matter.
      (5)
An order under this paragraph is an order directing that any land
30
falling within paragraph A15(1)(b) or (2) held by the body
corporate on trust for the school or schools falling within sub-
paragraph (2) is to be transferred to, and by virtue of the order vest
in—
(a)
the governing body of the school, or
35
(b)
where the land is held on trust for two or more schools,
such of the governing bodies of the schools as the Secretary
of State thinks proper.
      (6)
In a case where—
(a)
proposals to establish a new foundation or foundation
40
special school fall to be implemented under Schedule 2 to
the Education and Inspections Act 2006, and
(b)
the local education authority have before the school
opening date transferred land to be held on trust for the
school,
45

references in this paragraph to a foundation or foundation special
school include references to a proposed such school and

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
181

references to a governing body include references to a proposed
governing body.
      (7)
In this paragraph—
“charity” has the same meaning as in the Charities Act 1993;
“foundation” means a foundation established otherwise than
5
under this Act.”
14
In paragraph 9(1)—
(a)
after “paragraph” insert “A26,”, and
(b)
for “or 8(2)(b)” substitute “, 8(2)(b) or 8A”.
15    (1)
Paragraph 10 is amended as follows.
10
      (2)
In sub-paragraph (1) after paragraph (d) insert—
“(e)
“the appropriate authority” means—
(i)
in relation to a school in England, the Secretary of
State, and
(ii)
in relation to a school in Wales, the Assembly.”
15
      (3)
In sub-paragraph (3) after “paragraphs” insert “A1(1), A15(1), (2) or (3)(a),
A27 to A29,”.
      (4)
In sub-paragraph (4) after “paragraphs” insert “A1(1), A15(1),”.
      (5)
In sub-paragraph (5) for “paragraph 1(1)” substitute “paragraphs A1(1) and
1(1)”.
20
16    (1)
Paragraph 11 is amended as follows.
      (2)
For paragraph (a) of sub-paragraph (1) substitute—
“(a)
subject to sub-paragraph (7), “capital expenditure” means
expenditure of the governing body in question which falls
to be capitalised in accordance with proper accounting
25
practices;”.
      (3)
In paragraph (b) of that sub-paragraph for “that Order” substitute “the
Regulatory Reform (Voluntary Aided Schools Liabilities and Funding)
(England) Order 2002”.
      (4)
After sub-paragraph (6) insert—
30
    “(7)
The Secretary of State may—
(a)
by regulations prescribe classes or descriptions of
expenditure which are to be treated for the purposes of this
paragraph as being, or as not being, capital expenditure of
any governing body or of any prescribed class or
35
description of governing body;
(b)
by direction provide that expenditure of a particular
governing body which is expenditure of a particular class
or description is to be treated for the purposes of this
paragraph as being, or as not being, capital expenditure of
40
that body.
      (8)
Directions under sub-paragraph (7)(b) may be expressed to have
effect in specified circumstances or subject to specified
conditions.”