06238.18-23

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

18
93
Page 142, line 28, after ““promoters”” insert—

“(i)
after “Part II” insert “in relation to Wales”, and

(ii)
“
94
Page 142, line 30, leave out from beginning to “in” in line 31 and insert—

    “(1)
Schedule 3 to SSFA 1998 (funding of foundation, voluntary and

foundation special schools) is amended as follows.”
95
Page 142, line 45, at end insert—

    “(3)
At the beginning of Part 2 insert—

“Interpretation of Part

2A
In this Part of this Schedule “promoters”, in relation to a school

in England, means persons who are for the purposes of

Schedule 2 to the Education and Inspections Act 2006 the

proposers in relation to proposals for the establishment of the

school.””
Schedule 4
96
Page 150, line 3, leave out “A6” and insert “A6A”
97
Page 150, line 3, at end insert “and paragraph A22”
98
Page 150, line 11, after “the” insert “publicly funded”
99
Page 150, line 12, leave out “those proceeds” and insert “the proceeds of disposal”
100
Page 150, line 12, at end insert—

  “( )
For the purposes of this paragraph and paragraphs A3 and A4,

the “publicly funded proceeds of disposal” means the

proceeds of disposal which are attributable to the land having

been acquired or enhanced in value, or both, as the case may

be, as mentioned in the relevant paragraph or paragraphs of

sub-paragraph (1) of paragraph A1.”
101
Page 150, line 17, at end insert “publicly funded”
102
Page 150, line 19, after second “the” insert “publicly funded”
103
Page 150, line 30, leave out “(6)” and insert “(6)(a)”
104
Page 150, line 32, leave out from “where” to second “are” in line 34 and insert “the

authority give notice of their objection to the disposal in accordance with sub-

paragraph (6)(a), the relevant requirements in relation to such a notice”
105
Page 150, line 38, leave out from “disposal” to end of line 42 and insert “on or after

the expiry of the requisite period until the relevant requirements in relation to such

a notice are met.”
106
Page 150, line 42, at end insert—

  “( )
The “relevant requirements” in relation to a notice given under

sub-paragraph (6)(a) are met if—

(a)
the adjudicator has approved the disposal on a

reference made under paragraph A3(1), or

19

(b)
the authority have withdrawn notice of their objection

to the disposal in accordance with sub-paragraph (8).”
107
Page 150, line 43, leave out from beginning to end of line 13 on page 151 and

insert—

“(11)
If the authority give either or both of the following notices in

relation to the disposal in accordance with sub-paragraph

(6)—

(a)
notice of their objection to the proposed use of the

publicly funded proceeds of disposal under sub-

paragraph (6)(b);

(b)
notice of their claim to the whole or a part of the

publicly funded proceeds of disposal under sub-

paragraph (6)(c),


the governing body may not use the publicly funded proceeds

of disposal until the relevant requirements in relation to each

notice so given are met.

    (12)
The “relevant requirements” in relation to a notice given under

sub-paragraph (6)(b) are met if—

(a)
the relevant capital expenditure upon which the

publicly funded proceeds of disposal are to be used has

been determined in accordance with paragraph A3(2),

or

(b)
the authority have withdrawn notice of their objection

to the proposed use of the publicly funded proceeds of

disposal in accordance with sub-paragraph (8).

    (13)
The “relevant requirements” in relation to a notice given under

sub-paragraph (6)(c) are met if—

(a)
the “appropriate amount” has been determined in

accordance with paragraph A3(3), or

(b)
the authority have withdrawn notice of their claim in

accordance with sub-paragraph (8).”
108
Page 151, line 20, after second “the” insert “publicly funded”
109
Page 151, line 22, leave out “the proceeds of disposal” and insert “those proceeds”
110
Page 151, line 33, after second “the” insert “publicly funded”
111
Page 151, line 34, leave out “the proceeds of disposal” and insert “those proceeds”
112
Page 151, line 48, at end insert—

    “( )
On a reference under sub-paragraph (1), (2)(b) or (3)(b), the adjudicator

may determine the proportion (if any) of the proceeds of disposal that

are or will be the publicly funded proceeds of disposal.”
113
Page 151, line 49, leave out from beginning to end of line 5 on page 152 and insert—

“A4(1)
This paragraph applies where the disposal is made.

    (1A)
The governing body must notify the authority that the

disposal has been made and of the amount of the proceeds of

disposal.

    (1B)
Where—

20

(a)
the authority gave notice of their claim to the whole or

a part of the publicly funded proceeds of disposal in

accordance with paragraph A2(6)(c), and

(b)
the “appropriate amount” has been determined in

accordance with paragraph A3(3) to be an amount

greater than zero,


the governing body must pay the “appropriate amount” to the

authority.”
114
Page 152, line 6, after “remaining” insert “publicly funded”
115
Page 152, line 8, after “remaining” insert “publicly funded”
116
Page 152, line 14, at end insert “publicly funded”
117
Page 152, line 24, after “the” insert “publicly funded”
118
Page 152, leave out line 26 and insert—

  “( )
The “remaining publicly funded proceeds of disposal” means

the amount of the publicly funded”
119
Page 152, line 29, leave out from “A3(3),” to end of line 31
120
Page 152, line 32, after “Sub-paragraphs” insert “(1B),”
121
Page 152, line 32, leave out from “paragraph” to end of line 33 and insert “A2(11)

(restriction on use of publicly funded proceeds of disposal where notices given

under paragraph A2(6)(b) or (c)).”
122
Page 152, line 34, leave out from beginning to end of line 28 on page 154
123
Page 154, line 28, at end insert—

“A6A (1)
This paragraph applies where—

(a)
the authority gave notice of their objection to the

disposal in accordance with paragraph A2(6)(a), and

(b)
the adjudicator has determined that he does not

approve the disposal.

      (2)
The governing body may apply to the adjudicator for an order

to be made by him requiring the land or any part of the land to

be transferred to such local authority as he may specify subject

to the payment by that authority of such sum by way of

consideration (if any) as he determines to be appropriate.

      (3)
Before making an application under sub-paragraph (2), the

governing body must give the local education authority notice

of their intention to make the application.”
124
Page 156, line 24, leave out “A13” and insert “A13A”
125
Page 156, line 24, at end insert “and paragraph A22”
126
Page 156, line 32, after “the” insert “publicly funded”
127
Page 156, line 33, leave out “those proceeds” and insert “the proceeds of disposal”
128
Page 156, line 33, at end insert—

  “( )
For the purposes of this paragraph and paragraphs A10 and

A11, the “publicly funded proceeds of disposal” means the

21

proceeds of disposal which are attributable to the land having

been acquired or enhanced in value, or both, as the case may

be, as mentioned in the relevant paragraph or paragraphs of

sub-paragraph (1) of paragraph A8.”
129
Page 156, line 38, at end insert “publicly funded”
130
Page 156, line 40, after second “the” insert “publicly funded”
131
Page 157, line 4, leave out “(6)” and insert “(6)(a)”
132
Page 157, line 6, leave out from “where” to second “are” in line 8 and insert “the

authority give notice of their objection to the disposal in accordance with sub-

paragraph (6)(a), the relevant requirements in relation to such a notice”
133
Page 157, line 12, leave out from “disposal” to end of line 16 and insert “on or after

the expiry of the requisite period until the relevant requirements in relation to such

a notice are met.”
134
Page 157, line 16, at end insert—

  “( )
The “relevant requirements” in relation to a notice given under

sub-paragraph (6)(a) are met if—

(a)
the adjudicator has approved the disposal on a

reference made under paragraph A10(1), or

(b)
the authority have withdrawn notice of their objection

to the disposal in accordance with sub-paragraph (8).”
135
Page 157, line 17, leave out from beginning to end of line 32 and insert—

“(11)
If the authority give either or both of the following notices in

relation to the disposal in accordance with sub-paragraph

(6)—

(a)
notice of their objection to the proposed use of the

publicly funded proceeds of disposal under sub-

paragraph (6)(b);

(b)
notice of their claim to the whole or a part of the

publicly funded proceeds of disposal under sub-

paragraph (6)(c),


the foundation body may not use the publicly funded

proceeds of disposal until the relevant requirements in

relation to each notice so given are met.

    (12)
The “relevant requirements” in relation to a notice given under

sub-paragraph (6)(b) are met if—

(a)
the relevant capital expenditure upon which the

publicly funded proceeds of disposal are to be used has

been determined in accordance with paragraph A10(2),

or

(b)
the authority have withdrawn notice of their objection

to the proposed use of the publicly funded proceeds of

disposal in accordance with sub-paragraph (8).

    (13)
The “relevant requirements” in relation to a notice given under

sub-paragraph (6)(c) are met if—

(a)
the “appropriate amount” has been determined in

accordance with paragraph A10(3), or

22

(b)
the authority have withdrawn notice of their claim in

accordance with sub-paragraph (8).”
136
Page 157, line 39, after second “the” insert “publicly funded”
137
Page 157, line 41, leave out “the proceeds of disposal” and insert “those proceeds”
138
Page 158, line 2, after second “the” insert “publicly funded”
139
Page 158, line 3, leave out “the proceeds of disposal” and insert “those proceeds”
140
Page 158, line 17, at end insert—

    “( )
On a reference under sub-paragraph (1), (2)(b) or (3)(b), the adjudicator

may determine the proportion (if any) of the proceeds of disposal that

are or will be the publicly funded proceeds of disposal.”
141
Page 158, leave out lines 18 to 23 and insert—

“A11 (1)
This paragraph applies where the disposal is made.

    (1A)
The foundation body must notify the authority that the

disposal has been made and of the amount of the proceeds of

disposal.

    (1B)
Where—

(a)
the authority gave notice of their claim to the whole or

a part of the publicly funded proceeds of disposal in

accordance with paragraph A9(6)(c), and

(b)
the “appropriate amount” has been determined in

accordance with paragraph A10(3) to be an amount

greater than zero,


the foundation body must pay the “appropriate amount” to

the authority.”
142
Page 158, line 24, after “remaining” insert “publicly funded”
143
Page 158, line 26, after “remaining” insert “publicly funded”
144
Page 158, line 32, at end insert “publicly funded”
145
Page 158, line 42, after “the” insert “publicly funded”
146
Page 158, leave out line 44 and insert—

  “( )
The “remaining publicly funded proceeds of disposal” means

the amount of the publicly funded”
147
Page 158, line 47, leave out from “A10(3),” to end of line 49
148
Page 159, line 1, after “Sub-paragraphs” insert “(1B),”
149
Page 159, line 1, leave out from “paragraph” to end of line 2 and insert “A9(11)

(restriction on use of publicly funded proceeds of disposal where notices given

under paragraph A9(6)(b) or (c)).”
150
Page 159, line 3, leave out from beginning to end of line 47 on page 160
151
Page 160, line 47, at end insert—

“A13A (1)
This paragraph applies where—

(a)
the authority gave notice of their objection to the

disposal in accordance with paragraph A9(6)(a), and

23

(b)
the adjudicator has determined that he does not

approve the disposal.

      (2)
The foundation body may apply to the adjudicator for an

order to be made by him requiring the land or any part of the

land to be transferred to such local authority as he may specify

subject to the payment by that authority of such sum by way

of consideration (if any) as he determines to be appropriate.

      (3)
Before making an application under sub-paragraph (2), the

foundation body must give the local education authority

notice of its intention to make the application.”
152
Page 162, line 40, after “by” insert “the trustees from”
153
Page 162, line 40, at end insert “which was land acquired by the governing body”
154
Page 163, line 30, after “non-playing” insert “field”
155
Page 163, line 34, leave out “A20” and insert “A20A”
156
Page 163, line 34, at end insert “and paragraph A22”
157
Page 164, line 3, after “the” insert “publicly funded”
158
Page 164, line 4, leave out “those proceeds” and insert “the proceeds of disposal”
159
Page 164, line 4, at end insert—

  “( )
For the purposes of this paragraph and paragraphs A17 and

A18, the “publicly funded proceeds of disposal” means the

proceeds of disposal which are attributable to the land having

been acquired or enhanced in value, or both, as the case may

be, as mentioned in the relevant paragraph or paragraphs of

sub-paragraph (1), (2) or (3) of paragraph A15.”
160
Page 164, line 9, at end insert “publicly funded”
161
Page 164, line 11, after second “the” insert “publicly funded”
162
Page 164, line 21, leave out “(8)” and insert “(8)(a)”
163
Page 164, line 23, leave out from “where” to second “are” in line 25 and insert “the

authority give notice of their objection to the disposal in accordance with sub-

paragraph (8)(a), the relevant requirements in relation to such a notice”
164
Page 164, line 28, leave out from “disposal” to end of line 32 and insert “on or after

the expiry of the requisite period until the relevant requirements in relation to such

a notice are met.”
165
Page 164, line 32, at end insert—

  “( )
The “relevant requirements” in relation to a notice given under

sub-paragraph (8)(a) are met if—

(a)
the adjudicator has approved the disposal on a

reference made under paragraph A17(1), or

(b)
the authority have withdrawn notice of their objection

to the disposal in accordance with sub-paragraph (10).”
166
Page 164, leave out lines 33 to 48 and insert—