|
| |
|
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| 40 |
(b) | land acquired under paragraph 2 or 4 of Schedule 3 to this |
| |
| |
|
| |
|
| |
|
| 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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
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 |
| |
| |
(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.” |
| |
| |
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. |
| |
| |
(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 |
| |
|
| |
|
| |
|
(transfer to person concerned with running of |
| |
| |
(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).” |
| |
| |
(a) | in the opening words, for “(2B)(a) or (b)” substitute “(2B)(a), (b) or |
| |
| |
(b) | at the end insert “, or by an Academy for the purposes of the |
| 10 |
| |
| |
(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.” |
| |
| 20 |
| |
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 |
| |
| |
| |
| |
Abolition of the YPLA: consequential amendments |
| |
| 35 |
1 | EA 1996 is amended as follows. |
| |
|
| |
|
| |
|
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.” |
| |
| |
3 | EA 2002 is amended as follows. |
| |
4 | Omit section 208A (recoupment: adjustment between local authorities and |
| |
| 10 |
5 | In section 210(6A) (Welsh orders and regulations subject to negative |
| |
resolution), omit “or section 208A”. |
| |
| |
6 | ASCLA 2009 is amended as follows. |
| |
7 (1) | Section 122 (sharing of information for education and training purposes) is |
| 15 |
| |
(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. |
| |
| |
| |
Abolition of the YPLA: 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; |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(ii) | as the conditions of service as a member of the permitted |
| 30 |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| 25 |
(b) | property acquired, and rights and liabilities arising, after the making |
| |
| |
| |
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. |
| |
| 35 |
| |
“designated”, in relation to a staff transfer scheme or a property transfer |
| |
scheme, means specified in, or determined in accordance with, the |
| |
| |
“permitted transferee” means a person specified in an order made by |
| 40 |
| |
“the YPLA” means the Young People’s Learning Agency for England. |
| |
|
| |
|