Education Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

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;

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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.