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Education Bill


Education Bill
Schedule 13 — Academies: land

107

 

      (4)  

The foundation body must give the Secretary of State notice of its

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

5

Academy) in respect of the land, and

(b)   

notify the foundation body of that decision

      (6)  

The foundation body may not dispose of the land until it has been

notified of the Secretary of State’s decision.

      (7)  

If the Secretary of State decides to make a direction in respect of

10

the land, the foundation body may not dispose of the land except

in accordance with the direction.”

8          

In paragraph A8, for sub-paragraphs (1) to (3), substitute—

    “(1)  

This paragraph applies where a foundation body receives a

notification under paragraph A7A(5)(b) that the Secretary of State

15

has decided not to make a direction in respect of the land.”

9     (1)  

Paragraph A13 is amended as follows.

      (2)  

In sub-paragraph (1)(d), at the end insert—

“paragraph 15(3)(d) or 16(6)(d) of Schedule 1 to the Academies

Act 2010,”.

20

      (3)  

In sub-paragraph (7)—

(a)   

after “maintained schools” insert “or Academies”;

(b)   

for “A14 to A16” substitute “A13A to A16”.

10         

After paragraph A13, insert—

“A13A (1)  

This paragraph applies to a disposal of land to which sub-

25

paragraph (1), (2) or (3) of paragraph A13 applies.

      (2)  

But this paragraph only applies to a disposal if, or to the extent

that, it comprises a disposal of non-playing field land which does

not fall within sub-paragraph (5).

      (3)  

“Non-playing field land” means land which does not include

30

playing fields within the meaning of section 77.

      (4)  

Accordingly, in this paragraph, paragraphs A14 to A17 and

paragraph A19—

(a)   

references to the disposal are to the disposal by the trustees

of the non-playing field land, and

35

(b)   

references to the land are to that non-playing field land.

      (5)  

A disposal of non-playing field land falls within this sub-

paragraph if it is a disposal of—

(a)   

land acquired under section 60 or 61 of the Education Act

1996, or

40

(b)   

land acquired under paragraph 2 or 4 of Schedule 3 to this

Act,

 
 

Education Bill
Schedule 13 — Academies: land

108

 

           

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

the Education Act 1996).

      (6)  

The trustees must give the Secretary of State notice of their

intention to dispose of the land.

5

      (7)  

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

(b)   

notify the trustees of that decision.

10

      (8)  

The trustees may not dispose of the land until they have been

notified of the Secretary of State’s decision.

      (9)  

If the Secretary of State decides to make a direction in respect of

the land, the trustees may not dispose of the land except in

accordance with the direction.”

15

11         

In paragraph A14, for sub-paragraphs (1) to (5), substitute—

    “(1)  

This paragraph applies where trustees receive a notification under

paragraph A13A(7)(b) that the Secretary of State has decided not

to make a direction in respect of the land.”

12         

In paragraph A19, before sub-paragraph (1), insert—

20

   “(A1)  

In determining whether, and how, to give notice to the Secretary

of State under paragraph A1A, A7A or A13A, a governing body, a

foundation body or trustees must have regard to any guidance

given from time to time by the Secretary of State.”

13    (1)  

Paragraph A23 (land required by local authority for certain purposes) is

25

amended as follows.

      (2)  

For sub-paragraph (4), substitute—

    “(4)  

Before making an application under sub-paragraph (1) for a

transfer order in relation to publicly funded land, the authority

must give notice of their intention to make the application to—

30

(a)   

the body or trustees holding the land, and

(b)   

the Secretary of State.”

      (3)  

In sub-paragraph (6), for “such an application” substitute “an application

under sub-paragraph (1) or a notice under sub-paragraph (4)”.

      (4)  

After sub-paragraph (6), insert—

35

   “(6A)  

On receipt of a notice under sub-paragraph (4)(b), 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

40

(b)   

notify the local authority of that decision.

     (6B)  

If the Secretary of State decides to make a direction under

paragraph 12 of Schedule 1 to the Academies Act 2010 in respect

 
 

Education Bill
Schedule 13 — Academies: land

109

 

of the land, the local authority may not make an application under

sub-paragraph (1) for a transfer order in relation to the land.”

14    (1)  

Paragraph 5 (discontinuance of foundation, voluntary and foundation

special schools: land) is amended as follows.

      (2)  

After sub-paragraph (1), insert—

5

   “(1A)  

But this paragraph does not apply where proposals mentioned in

sub-paragraph (1)(a) have been approved, adopted, confirmed or

determined to be implemented in consequence of an Academy

order made in respect of the school.”

      (3)  

In sub-paragraph (4), after paragraph (a) insert—

10

“(aa)   

in the case of a school in England, make a direction in

respect of the land under paragraph 11 of Schedule 1 to the

Academies Act 2010 (transfer to Academy);”.

      (4)  

In sub-paragraph (4B), after paragraph (a) insert—

“(aa)   

in the case of a school in England, make a direction in

15

respect of the land under paragraph 11 of Schedule 1 to the

Academies Act 2010 (transfer to Academy);”.

      (5)  

In sub-paragraph (5A), in paragraph (b), after “maintained schools” insert

“or Academies”.

15    (1)  

Paragraph 7 (disposal of property held by governing body of maintained

20

school on their dissolution) is amended as follows.

      (2)  

In sub-paragraph (1), at the end insert “other than a dissolution by virtue of

paragraph 5(2)(a)(iv) of that Schedule (dissolution following Academy

order)”.

      (3)  

In sub-paragraph (2)(ii), for the words from “following” to “new school”

25

substitute “persons or bodies mentioned in sub-paragraph (2A)”.

      (4)  

After sub-paragraph (2), insert—

   “(2A)  

The persons and bodies are—

(a)   

the governing body of a maintained school;

(b)   

the temporary governing body of a new school;

30

(c)   

in the case of the dissolution of a governing body of a

maintained school in England, a person concerned with

the running of an Academy.”

Other amendments

16         

Schedule 35A to EA 1996 (Academies: land) is repealed.

35

17    (1)  

Section 77 of SSFA 1998 (control of disposals or changes in use of school

playing fields) is amended as follows.

      (2)  

In subsection (2B)—

(a)   

omit “or” at the end of paragraph (a);

(b)   

after paragraph (b), insert “or

40

(c)   

to a disposal in pursuance of—

(i)   

a transfer scheme under paragraph 1 or 2 of

Schedule 1 to the Academies Act 2010

 
 

Education Bill
Schedule 15 — Abolition of the YPLA: consequential amendments

110

 

(transfer to person concerned with running of

Academy), or

(ii)   

a direction under paragraph 10 of Schedule 1

to that Act (direction to transfer to local

authority or person concerned with running

5

of Academy, where Academy order made).”

      (3)  

In subsection (3)—

(a)   

in the opening words, for “(2B)(a) or (b)” substitute “(2B)(a), (b) or

(c)”;

(b)   

at the end insert “, or by an Academy for the purposes of the

10

Academy”.

      (4)  

Omit subsection (4).

      (5)  

After subsection (4A), insert—

“(4B)   

On receiving an application for consent under subsection (1) or (3),

the Secretary of State may direct that the playing fields, or any part

15

of them, 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 any) as the Secretary of

State determines to be appropriate.”

Schedule 14

20

Section 61

 

Academies: minor amendments

1          

In Schedule 4 to the Finance Act 2003 (stamp duty land tax: chargeable

consideration), in paragraph 17(2)(e) (arrangements involving public or

educational bodies) for “section 482 of the Education Act 1996” substitute

“section 1 of the Academies Act 2010”.

25

2          

In Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement), in

paragraph 13(4) (admissions) for paragraph (b) substitute—

“(b)   

Academy arrangements (as defined in section 1 of the

Academies Act 2010) between the responsible body for an

Academy and the Secretary of State,”.

30

3          

In section 2 of AA 2010 (payments under Academy arrangements), omit

subsection (5).

Schedule 15

Section 63

 

Abolition of the YPLA: consequential amendments

EA 1996

35

1          

EA 1996 is amended as follows.

 
 

Education Bill
Schedule 16 — Abolition of the YPLA: transfer schemes

111

 

2          

After section 15ZC insert—

“15ZD   

Sections 15ZA to 15ZC: duty to have regard to guidance

In performing the duties imposed by sections 15ZA(1), 15ZB and

15ZC(1)(b) (duties in relation to education and training for persons

over compulsory school age), a local authority in England must have

5

regard to any guidance issued by the Secretary of State.”

EA 2002

3          

EA 2002 is amended as follows.

4          

Omit section 208A (recoupment: adjustment between local authorities and

the YPLA).

10

5          

In section 210(6A) (Welsh orders and regulations subject to negative

resolution), omit “or section 208A”.

ASCLA 2009

6          

ASCLA 2009 is amended as follows.

7     (1)  

Section 122 (sharing of information for education and training purposes) is

15

amended as follows.

      (2)  

In subsection (3)(b), for “Young People’s Learning Agency for England”

substitute “Secretary of State”.

      (3)  

In subsection (5)(b), for “Young People’s Learning Agency for England”

substitute “Secretary of State relating to education or training”.

20

8          

In Schedule 6 (dissolution of the Learning and Skills Council for England:

minor and consequential amendments), omit paragraphs 54 to 56.

Schedule 16

Section 64

 

Abolition of the YPLA: transfer schemes

Staff transfer schemes

25

1          

The Secretary of State may make a scheme (a “staff transfer scheme”)

providing for designated employees of the YPLA—

(a)   

to become members of staff of the Secretary of State (and accordingly

to become employed in the civil service of the state), or

(b)   

to be transferred to a permitted transferee.

30

2     (1)  

This paragraph applies where a staff transfer scheme provides for an

employee of the YPLA to become a member of staff of the Secretary of State.

      (2)  

The staff transfer scheme may provide—

(a)   

so far as may be consistent with employment in the civil service of

the state, for the terms and conditions of the employee’s employment

35

with the YPLA to have effect as if they were the conditions of service

as a member of the Secretary of State’s staff;

 
 

Education Bill
Schedule 16 — Abolition of the YPLA: transfer schemes

112

 

(b)   

for the transfer to the Secretary of State of the rights, powers, duties

and liabilities of the YPLA under or in connection with the

employee’s contract of employment;

(c)   

for anything done (or having effect as if done) before that transfer by

or in relation to the YPLA in respect of such a contract or the

5

employee to be treated as having been done by or in relation to the

Secretary of State.

      (3)  

The staff transfer scheme may provide for a period before the employee

became a member of the Secretary of State’s staff  to count as a period during

which the employee was a member of the Secretary of State’s staff (and for

10

the operation of the scheme not to be treated as having interrupted the

continuity of that period).

      (4)  

The staff transfer scheme may provide for the employee not to become a

member of the Secretary of State’s staff if the employee gives notice objecting

to the operation of the scheme in relation to the employee.

15

      (5)  

The staff transfer scheme may provide for a person who would be treated

(by an enactment or otherwise) as being dismissed by the operation of the

scheme not to be so treated.

      (6)  

The staff transfer scheme may provide for an employee of the YPLA to

become a member of the Secretary of State’s staff despite any provision, of

20

whatever nature, which would otherwise prevent the person from being

employed in the civil service of the state.

3     (1)  

This paragraph applies where a staff transfer scheme provides for the

transfer of an employee of the YPLA to a permitted transferee.

      (2)  

The staff transfer scheme may provide—

25

(a)   

for the employee’s contract of employment to have effect (subject to

any necessary modifications)—

(i)   

as if originally made between the employee and the

permitted transferee, or

(ii)   

as the conditions of service as a member of the permitted

30

transferee’s staff;

(b)   

for the transfer to the permitted transferee of the rights, powers,

duties and liabilities of the YPLA under or in connection with the

employee’s contract of employment;

(c)   

for anything done (or having effect as if done) before that transfer by

35

or in relation to the YPLA in respect of such a contract or the

employee to be treated as having been done by or in relation to the

permitted transferee.

      (3)  

The staff transfer scheme may provide for a period before the employee

became a member of the permitted transferee’s staff to count as a period

40

during which the employee was a member of the permitted transferee’s staff

(and for the operation of the scheme not to be treated as having interrupted

the continuity of that period).

      (4)  

The staff transfer scheme may provide for the employee not to become a

member of the permitted transferee’s staff if the employee gives notice

45

objecting to the operation of the scheme in relation to the employee.

 
 

Education Bill
Schedule 16 — Abolition of the YPLA: transfer schemes

113

 

      (5)  

The staff transfer scheme may provide for any person who would be treated

(by an enactment or otherwise) as being dismissed by the operation of the

scheme not to be so treated.

      (6)  

The staff transfer scheme may provide for the transfer of an employee of the

YPLA to a permitted transferee despite any provision, of whatever nature,

5

which would otherwise prevent the employee from being so transferred.

Property transfer schemes

4     (1)  

The Secretary of State may make a scheme (a “property transfer scheme”)

providing for the transfer from the YPLA of designated property, rights or

liabilities of the YPLA to—

10

(a)   

the Secretary of State, or

(b)   

a permitted transferee.

      (2)  

A property transfer scheme may—

(a)   

create rights, or impose liabilities, in relation to property or rights

transferred by virtue of the scheme;

15

(b)   

provide for anything done by or in relation to the YPLA in

connection with any property, rights or liabilities transferred by the

scheme to be treated as done, or to be continued, by or in relation to

the person to whom the property, rights or liabilities in question are

transferred;

20

(c)   

apportion property, rights and liabilities;

(d)   

make provision about the continuation of legal proceedings.

      (3)  

The things that may be transferred by a property transfer scheme include—

(a)   

property, rights and liabilities that could not otherwise be

transferred;

25

(b)   

property acquired, and rights and liabilities arising, after the making

of the scheme.

Continuity

5          

A transfer by virtue of a staff transfer scheme or a property transfer scheme

does not affect the validity of anything done by or in relation to the YPLA

30

before the transfer takes effect.

Supplementary provision etc.

6          

A staff transfer scheme or a property transfer scheme may include

supplementary, incidental, transitional and consequential provision.

Interpretation

35

7          

In this Schedule—

“designated”, in relation to a staff transfer scheme or a property transfer

scheme, means specified in, or determined in accordance with, the

scheme;

“permitted transferee” means a person specified in an order made by

40

the Secretary of State;

“the YPLA” means the Young People’s Learning Agency for England.

 
 

 
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