06238.24-28

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

24

“(13)
If the authority give either or both of the following notices in

relation to the disposal in accordance with sub-paragraph

(8)—

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

publicly funded proceeds of disposal under sub-

paragraph (8)(b);

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

publicly funded proceeds of disposal under sub-

paragraph (8)(c),


the trustees may not use the publicly funded proceeds of

disposal until the relevant requirements in relation to each

notice so given are met.

    (14)
The “relevant requirements” in relation to a notice given under

sub-paragraph (8)(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 A17(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the authority have withdrawn notice of their objection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 (10).

  (14A)
The “relevant requirements” in relation to a notice given under

sub-paragraph (8)(c) are met if—

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

accordance with paragraph A17(3), or

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the authority have withdrawn notice of their claim in

accordance with sub-paragraph (10).”
167
Page 165, line 10, after “the” insert “publicly funded”
168
Page 165, line 12, leave out from “used”,” to end of line 19 and insert—

“( )
in sub-paragraph (13)—

(i)
for “proposed use of the publicly funded

proceeds of disposal” substitute “proposed

purposes for which the land is to be used”, and

(ii)
for “use the publicly funded proceeds of

disposal” substitute “use the land for purposes

not connected with the provision of education

in maintained schools”, and

( )
in sub-paragraph (14)—

(i)
for “relevant capital expenditure upon which

the publicly funded proceeds of disposal are to

be used has” substitute “purposes for which the

land is to be used have”, and

(ii)
for “proposed use of the publicly funded

proceeds of disposal” substitute “proposed

purposes for which the land is to be used”.”
169
Page 165, line 25, after second “the” insert “publicly funded”
170
Page 165, line 27, leave out “the proceeds of disposal” and insert “those proceeds”
171
Page 165, line 36, after “the” insert “publicly funded”
172
Page 165, line 37, leave out “the proceeds of disposal” and insert “those proceeds”

25
173
Page 165, line 50, 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.”
174
Page 166, line 5, after “the” insert “publicly funded”
175
Page 166, line 7, leave out “the proceeds of disposal” and insert “those proceeds”
176
Page 166, leave out lines 10 to 15 and insert—

“A18 (1)
This paragraph applies where the disposal is made.

    (1A)
The trustees 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 A16(8)(c), and

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

accordance with paragraph A17(3) to be an amount

greater than zero,


the trustees or their successors must pay the “appropriate

amount” to the authority.”
177
Page 166, line 16, at end insert “publicly funded”
178
Page 166, line 19, after “remaining” insert “publicly funded”
179
Page 166, line 25, at end insert “publicly funded”
180
Page 166, line 35, after “the” insert “publicly funded”
181
Page 166, leave out line 37 and insert—

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

the amount of the publicly funded”
182
Page 166, line 40, leave out from “A17(3),” to end of line 42
183
Page 166, line 43, after “Sub-paragraphs” insert “(1B),”
184
Page 166, line 43, leave out from “paragraph” to end of line 44 and insert “A16(13)

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

under paragraph A16(8)(b) or (c)).”
185
Page 167, line 1, leave out “(1)” and insert “(1A)”
186
Page 167, line 3, after ““remaining” insert “publicly funded”
187
Page 167, line 10, after “the” insert “publicly funded”
188
Page 167, line 15, at end insert “publicly funded”
189
Page 167, line 18, leave out from beginning to end of line 6 on page 169
190
Page 169, line 6, at end insert—

“A20A (1)
This paragraph applies where—

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

disposal in accordance with paragraph A16(8)(a), and

26

(b)
the adjudicator has determined that he does not

approve the disposal.

      (2)
The trustees 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

trustees must give the local education authority notice of their

intention to make the application.”
191
Page 169, line 25, after “reference” insert “or application”
192
Page 169, line 26, leave out “A20” and insert “A20A”
193
Page 169, line 27, after “determining” insert “the publicly funded proceeds of

disposal or”
194
Page 169, line 27, leave out from “amount”” to “in” in line 28
195
Page 169, line 28, leave out “in accordance with” and insert “for the purposes of”
196
Page 169, line 30, leave out “on a reference made under” and insert “for the

purposes of”
197
Page 169, line 33, at end insert—

  “(3)
In addition to having regard to guidance as required under

sub-paragraph (1)(b) or (2), a local education authority, a

governing body, a foundation body, trustees and the

adjudicator, must also have regard, in particular, to the factors

mentioned in sub-paragraph (4) in determining any of the

following for the purposes of any of paragraphs A2 to A20A—

(a)
the publicly funded proceeds of disposal;

(b)
the “appropriate amount”;

(c)
the amount of the consideration (if any) to be paid

under paragraph A6A, A13A or A20A.

      (4)
The factors referred to in sub-paragraph (3) are—

(a)
in the case of any disposal, the value of the land as at

the date of the determination,

(b)
in the case of any disposal, any enhancement in value

of the land attributable to expenditure on the land by

the local education authority or a relevant person,

(c)
in the case of any disposal, any expenditure on the land

by a relevant person,

(d)
in the case of any disposal, any relevant payments

made by a relevant person to the local education

authority or the Secretary of State,

(e)
in the case of any disposal, to the extent that they do

not fall within paragraph (c) or (d), any payments in

respect of the acquisition of the land, and

(f)
in the case of a disposal falling within paragraph

A1(1)(i), paragraph A8(1)(h) or paragraph A15(1)(h) or

(k), (2)(a)(iii) or (b), or (3)(a)(ii), the extent to which the

proceeds of disposal mentioned in the provision in

27

question were publicly funded proceeds of disposal as

defined for the purposes of paragraph A2, A9 or A16,

as the case may be.

      (5)
A “relevant person” means—

(a)
in the case of a disposal to which paragraph A2 or A16

applies, the governing body or the trustees of the

school in question, and

(b)
in the case of a disposal to which paragraph A9 applies,

the foundation body in question.

      (6)
A “relevant payment” means—

(a)
in the case of any disposal, a payment in respect of the

current school site or sites to which the land relates,

(b)
in the case of any disposal, a payment under any of the

following provisions—

paragraph 2(6) of Schedule 3;

paragraph 16(5) of Schedule 6 (including that

provision as applied by any enactment);

section 60(4) of the Education Act 1996;

paragraph 28(5) of Schedule 2 to the Education

and Inspections Act 2006 (including that

provision as applied by any enactment), and

(c)
in the case of a disposal of land falling within any of the

following provisions—

paragraph A1(1)(f) or (g);

paragraph A8(1)(e) or (f);

paragraph A15(1)(g), (i) or (j),


a payment in respect of the grant mentioned in the

provision in question.

      (7)
The reference in sub-paragraph (5)(a) to the governing body or

the trustees of the school in question includes—

(a)
where the school was established in pursuance of

proposals published under section 28(2) or 28A(2), the

persons who published the proposals,

(b)
where the school was established in pursuance of

proposals published under section 70 of the Education

Act 2002 or section 66 of the Education Act 2005 which

were made by persons other than a local education

authority, the persons by whom the proposals were

made, and

(c)
where the school was established in pursuance of

proposals published under any of sections 7, 10 and 11

of the Education and Inspections Act 2006, any

persons, other than a local education authority, by

whom the proposals were treated for the purposes of

Schedule 2 to that Act as having been made.

      (8)
The reference in sub-paragraph (5)(b) to the foundation body

in question includes—

(a)
where the school or any of the schools to which the

land in question relates was established in pursuance

of proposals published under section 28(2) or 28A(2),

the persons who published the proposals,

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(b)
where the school or any of the schools to which the

land in question relates was established in pursuance

of proposals published under section 70 of the

Education Act 2002 or section 66 of the Education Act

2005 which were made by persons other than a local

education authority, the persons by whom the

proposals were made, and

(c)
where the school or any of the schools to which the

land in question relates was established in pursuance

of proposals published under any of sections 7, 10 and

11 of the Education and Inspections Act 2006, any

persons, other than a local education authority, by

whom the proposals were treated for the purposes of

Schedule 2 to that Act as having been made.”
198
Page 169, line 36, leave out “A20” and insert “A17”
199
Page 169, line 47, at end insert—

  “( )
In determining whether to make a reference to the adjudicator

under sub-paragraph (1)(a), a relevant person must have

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

by the Secretary of State.”
200
Page 169, line 47, at end insert—

  “(3)
An order made by the adjudicator on an application under

paragraph A6A, A13A or A20A may be varied or revoked by

a further order made by him if—

(a)
an application for its variation or revocation is made to

him by an appropriate person in relation to the order,

and

(b)
before making the further order, the adjudicator

consults such persons as he considers appropriate.

      (4)
An “appropriate person” in relation to an order made under

paragraph A6A, A13A or A20A means—

(a)
the governing body, the foundation body or the

trustees, as the case may be, who applied for the order,

(b)
the local education authority, or

(c)
if different from that authority, the local authority to

whom land is required to be transferred under the

order.

      (5)
In determining whether to make an application to the

adjudicator under sub-paragraph (3)(a), an appropriate

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

from time to time by the Secretary of State.”
201
Page 169, line 47, at end insert—

  “( )
Paragraph A22 applies in relation to the further determination

by the adjudicator, by virtue of sub-paragraph (1) or (3), of any

matter for the purposes of any of paragraphs A2 to A20A as it

applies in relation to the original determination of the matter.”
202
Page 173, line 5, at end insert—