Education Bill

House of Commons

Session 2010 - 11
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Education Bill

Education Bill
Schedule 13 — Academies: land
100

      (5)
A notice under sub-paragraph (4) must be served—
(a)
on the person holding the land,
(b)
within the period of six months beginning with the date on
which the payments were made, or, if there is more than
one such date, the latest of those dates.
5
Power of Secretary of State to make direction on closure of Academy
15    (1)
This paragraph applies if—
(a)
publicly funded land is held by a person for the purposes
of an Academy, and
(b)
the educational institution concerned ceases to be an
10
Academy.
      (2)
Sub-paragraph (1)(b) applies whether or not, on the educational
institution ceasing to be an Academy, it simultaneously ceases to
function as an educational institution.
      (3)
The Secretary of State may make one or more of the following
15
directions—
(a)
a direction that the land or any part of the land be
transferred to such local authority as the Secretary of State
may specify, subject to the payment by that authority of
such sum by way of consideration (if any) as the Secretary
20
of State determines to be appropriate;
(b)
a direction that the person holding the land, pay, either to
the Secretary of State or to such local authority as the
Secretary of State may specify, the whole or any part of the
value, as at the date of the direction, of the whole or any
25
part of the land;
(c)
a direction that the land or any part of the land be
transferred to a person concerned with the running of an
Academy, subject to the payment by that person or the
Secretary of State of such sum by way of consideration (if
30
any) as the Secretary of State determines to be appropriate;
(d)
a direction that the land or any part of the land be
transferred to the governing body, foundation body or
trustees of a school, subject to the payment by that body or
trustees (as the case may be) or the Secretary of State of
35
such sum by way of consideration (if any) as the Secretary
of State determines to be appropriate.
Termination of occupation by Academy of land held by trustees: notice of termination
and power of Secretary of State to make direction
16    (1)
This paragraph applies if—
40
(a)
land has been held for the purposes of a maintained school
by the trustees of the school,
(b)
the land is held by the trustees for the purposes of an
Academy, and
(c)
the termination of the Academy’s occupation of the land
45
would have the result that it was not reasonably
practicable for the Academy to continue to be conducted at
its existing site.

Education Bill
Schedule 13 — Academies: land
101

      (2)
A notice given by the trustees to the Academy proprietor that
purports to terminate the Academy’s occupation of the land is not
effective unless—
(a)
the period of notice is reasonable, having regard to the
length of time that it would take to terminate the Academy
5
arrangements, and in any event is not less than two years,
and
(b)
a copy of the notice is given to the Secretary of State and
the local authority by which the school was maintained at
the same time as the notice is given to the proprietor.
10
      (3)
Where the trustees give, at the same (or substantially the same)
time, notices purporting to terminate an Academy’s occupation of
two or more pieces of land held by the trustees for the purposes of
the Academy, then for the purpose of determining whether sub-
paragraph (1)(c) applies in relation to any of those pieces of land,
15
regard may be had to the combined effect of terminating the
Academy’s occupation of both or all of them.
      (4)
If a question arises as to whether the termination of an Academy’s
occupation of any land would have the result mentioned in sub-
paragraph (1)(c) (including a question as to whether sub-
20
paragraph (3) applies in any particular circumstances), it is to be
determined by the Secretary of State.
      (5)
Sub-paragraph (6) applies where a notice that is effective to
terminate an Academy’s occupation of land relates to publicly
funded land.
25
      (6)
The Secretary of State may make one or more of the following
directions—
(a)
a direction that the land or any part of the land be
transferred to such local authority as the Secretary of State
may specify, subject to the payment by that authority of
30
such sum by way of consideration (if any) as the Secretary
of State determines to be appropriate;
(b)
a direction that the trustees pay, either to the Secretary of
State or to such local authority as the Secretary of State may
specify, the whole or any part of the value, as at the date of
35
the direction, of the whole or any part of the land;
(c)
a direction that the land or any part of the land be
transferred to a person concerned with the running of an
Academy, subject to the payment by that person or the
Secretary of State of such sum by way of consideration (if
40
any) as the Secretary of State determines to be appropriate;
(d)
a direction that the land or any part of the land be
transferred to the governing body, foundation body or
trustees of a school, subject to the payment by that body or
trustees (as the case may be) or the Secretary of State of
45
such sum by way of consideration (if any) as the Secretary
of State determines to be appropriate.

Education Bill
Schedule 13 — Academies: land
102

Power of Secretary of State to make direction on proposed disposal of Academy land
17    (1)
This paragraph applies to a disposal of publicly funded land that
is held by a person (“P”) for the purposes of an Academy.
      (2)
P must give the Secretary of State notice of P’s intention to dispose
of the land.
5
      (3)
In determining whether, and how, to give notice to the Secretary
of State under sub-paragraph (2), P must have regard to any
guidance given from time to time by the Secretary of State.
      (4)
On receipt of the notice, the Secretary of State must—
(a)
decide whether to make a direction under sub-paragraph
10
(7) in respect of the land specified in the notice, and
(b)
notify P of that decision.
      (5)
P may not dispose of the land until P has been notified of the
Secretary of State’s decision.
      (6)
If the Secretary of State decides to make a direction in respect of
15
the land, P may not dispose of the land except in accordance with
the direction.
      (7)
The Secretary of State may make one or more of the following
directions—
(a)
a direction that the land or any part of the land be
20
transferred to such local authority as the Secretary of State
may specify, subject to the payment by that local authority
of such sum by way of consideration (if any) as the
Secretary of State determines to be appropriate;
(b)
a direction that P pay, either to the Secretary of State or to
25
such local authority as the Secretary of State may specify,
the whole or any part of the value, as at the date of the
direction, of the whole or any part of the land;
(c)
a direction that the land or any part of the land be
transferred to a person concerned with the running of an
30
Academy, subject to the payment by that person or the
Secretary of State of such sum by way of consideration (if
any) as the Secretary of State determines to be appropriate;
(d)
in the case of playing field land, a direction that the
disposal is not to be made.
35
      (8)
In this paragraph—
(a)
“playing field land” means land in the open air which is
provided for the purposes of physical education or
recreation, other than any land falling within a description
prescribed under section 77(7) of SSFA 1998;
40
(b)
references to a disposal of land include references to a
change of use of the land in cases where the land is no
longer to be used for the purposes of an Academy.

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Schedule 13 — Academies: land
103

Part 4
General
Directions under this Schedule: general
18    (1)
Where a transfer pursuant to a direction under this Schedule
relates to registered land, it is the duty of the transferor—
5
(a)
to execute any such instrument under the Land
Registration Act 2002,
(b)
to deliver any such certificate under that Act, and
(c)
to do such other things under that Act,

as the transferor would be required to execute, deliver or do in the
10
case of a transfer by agreement between the transferor and the
transferee.
      (2)
A direction under this Schedule may include such incidental,
consequential, supplemental and transitional provision as the
Secretary of State thinks is appropriate for giving it full effect.
15
Disapplication of rule against perpetuities
19    (1)
Where—
(a)
land is transferred for no consideration for the purposes of
an Academy, and
(b)
the person who transferred the land is granted an option to
20
make a re-acquisition of the land (subject to whatever
conditions),

the rule against perpetuities does not apply to the option.
      (2)
Sub-paragraph (1) does not apply to an option granted before 26
July 2002.
25
Disapplication of other Acts
20    (1)
Where a lease is granted or transferred to a person for the
purposes of an Academy on or after 26 July 2002, section 153 of the
Law of Property Act 1925 (enlargement of leases granted for no
rent etc) does not apply to permit that person to enlarge the term
30
under the lease.
      (2)
Subsections (2) and (2A) of section 123 of the Local Government
Act 1972 (disposals of land by principal councils) do not apply to
a disposal of land to a person for the purposes of an Academy.
Regulations
35
21    (1)
The Secretary of State may make regulations containing such
incidental, consequential, supplemental and transitional
provisions as the Secretary of State thinks are appropriate in
consequence of this Schedule or for giving it full effect.
      (2)
Regulations under sub-paragraph (1) about transfer schemes may
40
in particular include provision—

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Schedule 13 — Academies: land
104

(a)
requiring a person to be appointed by the Secretary of State
in connection with the proposed making of a scheme;
(b)
requiring the appointed person to identify the land, rights
and liabilities to be transferred by or under a scheme;
(c)
requiring a transferor under a scheme to provide the
5
appointed person with such documents as may be
required in order to identify the land, rights and liabilities
to be transferred by or under the scheme;
(d)
requiring a transferor under a scheme to execute such
instruments, deliver such certificates and do any other
10
such things as are required by the Land Registration Act
2002 in order to transfer the land;
(e)
treating a transferor under a scheme as having given
acknowledgement in writing of the rights to production of
documents.
15
      (3)
Regulations under sub-paragraph (1) about land held by a local
authority may in particular include provision—
(a)
that consent under paragraph 4 (proposed disposal of
school land) is to be sought in a specified way;
(b)
that information is to be given under paragraph 9 (duty to
20
inform Secretary of State of proposed change of use of
school land) in a specified way.
      (4)
Regulations under sub-paragraph (1) about the transfer of land,
other property and rights and liabilities under paragraph 13
(transfer of land and other property on dissolution of governing
25
body) may in particular include provision about the production of
documents, execution of instruments, delivery of certificates and
any other related matters.
Interpretation
22    (1)
A dwelling-house used for occupation by a person employed to
30
work at an educational institution is to be treated for the purposes
of this Schedule as used for the purposes of the educational
institution.
      (2)
In this Schedule—
“foundation body”, in relation to a school, has the same
35
meaning as in SSFA 1998 (see section 21(4) of that Act);
“trustees”, in relation to a school, means any person (other
than the governing body) holding property on trust for the
purposes of the school.
      (3)
In this Schedule, “publicly funded land” means—
40
(a)
in relation to land held by a governing body, land falling
within any of paragraphs (a) to (i) of paragraph A1(1) of
Schedule 22 to SSFA 1998 (disposals of school land on
discontinuance etc);
(b)
in relation to land held by a foundation body, land falling
45
within any of paragraphs (a) to (h) of paragraph A7(1) of
that Schedule;

Education Bill
Schedule 13 — Academies: land
105

(c)
in relation to land held by trustees, other than land held for
the purposes of an Academy, land falling within
paragraph (1), (2) or (3) of paragraph A13 of that Schedule;
(d)
in relation to land held for the purposes of an Academy—
(i)
land acquired from a governing body, foundation
5
body or trustees that was, at the time of the
acquisition, publicly funded land within the
meaning of paragraph (a), (b) or (c);
(ii)
land held by trustees for the purposes of an
Academy which was previously held by the
10
trustees for the purposes of a maintained school
and which, at the time it was held for the purposes
of a maintained school, was publicly funded land
within the meaning of paragraph (c);
(iii)
land acquired from a local authority;
15
(iv)
land in relation to which a notice has been served
under paragraph 14;
(v)
land acquired from a person concerned with the
running of an Academy that was, at the time of the
acquisition, publicly funded land within the
20
meaning of sub-paragraphs (i) to (iv) or this sub-
paragraph.
      (4)
References in this Schedule to a transfer or disposal of land are to
the transfer or disposal of a freehold or leasehold interest in the
land or to the grant of a lease in respect of the land.
25
      (5)
References in this Schedule to a disposal of land include references
to—
(a)
a compulsory disposal,
(b)
in the case of any premises held under a tenancy to which
Part 2 of the Landlord and Tenant Act 1954 applies, the
30
termination of the tenancy under that Part,
(c)
entering into a contract to dispose of land, and
(d)
granting an option to acquire a freehold or leasehold
interest in land.
      (6)
Where—
35
(a)
a person (A) holds a freehold or leasehold interest in land
from which a leasehold interest has been granted to
another person (B), and
(b)
B is concerned with the running of an Academy,

for the purposes of this Schedule both A and B are to be treated as
40
holding land for the purposes of an Academy.
      (7)
References in this Schedule to a lease include references to a sub-
lease.”
Amendments to Schedule 22 to SSFA 1998
2
Schedule 22 to SSFA 1998 (disposals of land in case of certain schools and
45
disposals on discontinuance) is amended as set out in paragraphs 3 to 15.

Education Bill
Schedule 13 — Academies: land
106

3
In paragraph A1, in sub-paragraph (1)(b), at the end insert—
“paragraph 15(3)(d) or 16(6)(d) of Schedule 1 to the Academies
Act 2010,”.
4
After paragraph A1, insert—
“A1A  (1)
This paragraph applies to a disposal of land to which paragraph
5
A1 applies if, or to the extent that, it comprises a disposal of non-
playing field land.
      (2)
“Non-playing field land” means land which does not include
playing fields within the meaning of section 77.
      (3)
Accordingly, in this paragraph, paragraphs A2 to A5 and
10
paragraph A19—
(a)
references to the disposal are to the disposal by the
governing body of the non-playing field land, and
(b)
references to the land are to that non-playing field land.
      (4)
The governing body must give the Secretary of State notice of their
15
intention to dispose of the land.
      (5)
On receipt of the notice, the Secretary of State must—
(a)
decide whether to make a direction under paragraph 12 of
Schedule 1 to the Academies Act 2010 (transfer to
Academy) in respect of the land, and
20
(b)
notify the governing body of that decision.
      (6)
The governing body may not dispose of the land until they have
been notified of the Secretary of State’s decision.
      (7)
If the Secretary of State decides to make a direction in respect of
the land, the governing body may not dispose of the land except
25
in accordance with the direction.”
5
In paragraph A2, for sub-paragraphs (1) to (3), substitute—
    “(1)
This paragraph applies where a governing body receives a
notification under paragraph A1A(5)(b) that the Secretary of State
has decided not to make a direction in respect of the land.”
30
6
In paragraph A7, in sub-paragraph (1)(b), at the end insert—
“paragraph 15(3)(d) or 16(6)(d) of Schedule 1 to the Academies
Act 2010,”.
7
After paragraph A7, insert—
“A7A  (1)
This paragraph applies to a disposal of land to which paragraph
35
A7 applies if, or to the extent that, it comprises a disposal of non-
playing field land.
      (2)
“Non-playing field land” means land which does not include
playing fields within the meaning of section 77.
      (3)
Accordingly, in this paragraph, paragraphs A8 to A11 and
40
paragraph A19—
(a)
references to the disposal are to the disposal by the
foundation body of the non-playing field land, and
(b)
references to the land are to that non-playing field land.