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1 | For Schedule 1 to AA 2010 (Academies: land) substitute— |
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Land held by a local authority |
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Transfer scheme where land ceases to be used for purposes of a school |
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1 (1) | The Secretary of State may make a scheme in relation to land if the |
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requirements in sub-paragraph (2) are met. |
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(2) | The requirements are as follows— |
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(a) | a local authority holds a freehold or leasehold interest in |
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the land when the scheme is made; |
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(b) | at any time in the period of eight years ending with the day |
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on which the scheme is made the land was used wholly or |
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mainly for the purposes of a school; |
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(c) | at the time the scheme is made the land is no longer used |
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for the purposes of the school mentioned in paragraph (b) |
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or the Secretary of State thinks it is about to be no longer so |
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(3) | The scheme must meet the requirements in paragraph 3(1). |
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Transfer scheme following proposals for establishment of new Academy |
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2 (1) | The Secretary of State may make a scheme in relation to land if the |
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requirements in sub-paragraph (2) are met. |
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(2) | The requirements are as follows— |
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(a) | a local authority holds a freehold or leasehold interest in |
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the land when the scheme is made; |
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(b) | the land forms the whole or part of a site specified in a |
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notification given to the Secretary of State under section 6A |
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of EIA 2006, or a notice published under section 7 of that |
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Act, (proposals for new schools) as a possible site for a new |
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(c) | before making the scheme, the Secretary of State consulted |
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(3) | The scheme must meet the requirements in paragraph 3(1). |
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Transfer schemes under paragraphs 1 and 2: general |
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3 (1) | These requirements must be met as regards a scheme under |
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(a) | the scheme must provide for a transfer of the land or such |
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part of it as is specified in the scheme; |
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(b) | the scheme must specify whether the transfer is the |
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transfer of a freehold or leasehold interest in the land or the |
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grant of a lease in respect of the land (see paragraph 22(4)); |
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(c) | the transfer must be to a person who is specified in the |
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scheme and is concerned with the running of an Academy; |
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(d) | the transfer must be made to the transferee for the |
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(e) | in the case of a scheme under paragraph 2, the Academy |
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must have been the subject of proposals under section 6A |
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(f) | the scheme must make provision about the transfer to the |
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transferee of any right or liability held by the local |
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authority as holder of the land or specified part concerned. |
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(2) | In sub-paragraph (1) the reference to a right or liability— |
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(a) | includes a reference to a right or liability as a trustee, but |
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(b) | excludes a reference to a liability in respect of the principal |
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of or interest on a loan. |
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(3) | A scheme may include incidental, consequential, supplemental |
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and transitional provision. |
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(4) | A scheme under paragraph 1 must be so expressed that it does not |
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come into force while the land concerned is used for the purposes |
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of the school mentioned in paragraph 1(2)(b). |
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(5) | A scheme comes into force— |
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(a) | on the day it specifies for it to come into force, or |
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(b) | on the day it otherwise identifies as the day for it to come |
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(6) | When a scheme comes into force it has effect to transfer (in |
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accordance with its provisions) the land, rights and liabilities to |
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(7) | A transfer made by virtue of a scheme is binding on all persons |
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even if, apart from this sub-paragraph, it would have required the |
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consent or concurrence of any person. |
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Restriction on disposal of school land held by local authority |
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4 (1) | Sub-paragraph (2) applies if— |
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(a) | a freehold or leasehold interest in land is held by a local |
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(b) | the authority proposes to make a disposal in respect of the |
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(c) | at any time in the period of eight years ending with the day |
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on which the disposal is proposed to be made, the land |
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was used wholly or mainly for the purposes of a school. |
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(2) | Unless the Secretary of State consents, the authority must not |
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(3) | Sub-paragraph (2) does not apply to a disposal made in pursuance |
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of a contract made, or option granted, before 26 July 2002. |
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(4) | A disposal is not invalid only because it is made in contravention |
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(5) | A person acquiring land, or entering into a contract to acquire it, is |
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not to be concerned to enquire whether the consent required by |
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sub-paragraph (2) has been given. |
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5 (1) | This paragraph applies if a local authority has made a disposal in |
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contravention of paragraph 4(2). |
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(2) | In a case where the authority has made a disposal within the |
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meaning of this Schedule because it has granted an option (see |
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paragraph 22(5)(d)), the Secretary of State may by notice served on |
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the option holder repudiate the option at any time before it is |
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(3) | In a case where the authority has made a disposal within the |
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meaning of this Schedule because it has entered into a contract to |
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dispose of land (see paragraph 22(5)(c)), the Secretary of State may |
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by notice served on the other party to the contract repudiate it at |
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any time before a conveyance of the land is executed. |
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(4) | A repudiation under sub-paragraph (2) or (3) has effect— |
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(a) | when the notice is served, and |
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(b) | as if the repudiation were made by the authority. |
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(5) | In a case where the land has been transferred (whether or not in |
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pursuance of an option or contract falling within sub-paragraph |
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(2) or (3)) the Secretary of State may purchase the land |
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(6) | The Acquisition of Land Act 1981 applies in relation to the |
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compulsory purchase of land under sub-paragraph (5). |
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(7) | On completion of a compulsory purchase of land under sub- |
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paragraph (5) the Secretary of State must transfer it to a person |
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concerned with the running of an Academy. |
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(8) | If the Secretary of State acquires land by compulsory purchase |
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under sub-paragraph (5), the Secretary of State is entitled to |
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recover from the authority an amount equal to the aggregate of— |
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(a) | the compensation agreed or awarded in respect of the |
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(b) | any interest payable by the Secretary of State in respect of |
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(c) | the costs and expenses incurred by the Secretary of State in |
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connection with the making of the compulsory purchase |
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(9) | The authority must provide the Secretary of State with such |
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information as the Secretary of State may require it to provide in |
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connection with a compulsory purchase under sub-paragraph (5). |
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Restriction on appropriation of school land held by local authority |
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6 (1) | Sub-paragraph (2) applies if— |
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(a) | a freehold or leasehold interest in land is held by a local |
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(b) | the authority proposes to make an appropriation of the |
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land under section 122 of the Local Government Act 1972, |
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(c) | at any time in the period of eight years ending with the day |
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on which the appropriation is proposed to be made the |
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land was used wholly or mainly for the purposes of a |
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(2) | Unless the Secretary of State consents, the authority must not |
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7 (1) | This paragraph applies if a local authority has made an |
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appropriation in contravention of paragraph 6(2). |
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(2) | The Secretary of State may purchase the land concerned |
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(3) | Paragraph 5(6) to (9) apply to a compulsory purchase of land |
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under sub-paragraph (2) as they apply to a compulsory purchase |
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of land under paragraph 5(5). |
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8 | For the purposes of paragraphs 4(2) and 6(2), the consent of the |
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(a) | may be given in relation to a particular case or class of case, |
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(b) | may be given subject to conditions. |
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Duty to inform Secretary of State on proposed change of use of school land |
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9 (1) | Sub-paragraph (2) applies if— |
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(a) | a freehold or leasehold interest in land is held by a local |
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(b) | the authority proposes to change the use of the land in |
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such a way that (were the change made) the land would |
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cease to be capable of use wholly or mainly for the |
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purposes of a school, and |
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(c) | at any time in the period of eight years ending with the |
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date of the proposed change of use the land was used |
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wholly or mainly for the purposes of a school. |
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(2) | The authority must inform the Secretary of State of the proposal. |
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Land held by a governing body, a foundation body or trustees |
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Power of Secretary of State to make direction where Academy order made |
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10 (1) | This paragraph applies where— |
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(a) | an Academy order has effect in respect of— |
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(ii) | a foundation school, or |
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(iii) | a foundation special school, and |
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(b) | the school is to be converted into an Academy. |
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(2) | The Secretary of State may make one or more of the directions |
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listed in sub-paragraph (3) in respect of publicly funded land |
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which is held for the purposes of the school by— |
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(a) | the governing body of the school, |
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(b) | the foundation body of the school, or |
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(c) | the trustees of the school. |
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(a) | that the land or any part of the land be transferred to such |
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local authority as the Secretary of State may specify, |
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subject to the payment by that authority of such sum by |
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way of consideration (if any) as the Secretary of State |
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determines to be appropriate; |
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(b) | that the governing body, the foundation body or the |
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trustees, as the case may be, pay, either to the Secretary of |
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State or to such local authority as the Secretary of State may |
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specify, the whole or any part of the value, as at the date of |
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the direction, of the whole or any part of the land; |
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(c) | that the land or any part of the land be transferred to a |
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person concerned with the running of the Academy, |
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subject to the payment by that person or the Secretary of |
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State of such sum by way of consideration (if any) as the |
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Secretary of State determines to be appropriate. |
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(4) | Unless otherwise specified in the direction, any transfer of land |
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pursuant to sub-paragraph (3) is to take place on the conversion |
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Power of Secretary of State to make direction on discontinuance of foundation, |
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voluntary or foundation special school |
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11 (1) | This paragraph applies where the Secretary of State has received |
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an application under sub-paragraph (2), (3) or (4ZA) of paragraph |
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5 of Schedule 22 to SSFA 1998 (application in respect of land held |
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by governing body, foundation body or trustees on |
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discontinuance of school). |
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(2) | The Secretary of State may direct that the land or any part of the |
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land to which the application relates be transferred to a person |
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concerned with the running of an Academy, subject to the |
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payment by that person or the Secretary of State of such sum by |
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way of consideration (if any) as the Secretary of State determines |
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Power of Secretary of State to make direction on proposed disposal of school land |
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12 (1) | This paragraph applies where the Secretary of State has received a |
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notice under any of the following paragraphs of Schedule 22 to |
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(a) | paragraph A1A(4) (notice by governing body of intention |
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to dispose of publicly funded land); |
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(b) | paragraph A7A(4) (notice by foundation body of intention |
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to dispose of publicly funded land); |
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(c) | paragraph A13A(6) (notice by trustees of intention to |
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dispose of publicly funded land); |
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(d) | paragraph A23(4)(b) (notice by local authority of intention |
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to apply for transfer order in respect of publicly funded |
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(2) | The Secretary of State may direct that the land or any part of the |
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land to which the notice relates be transferred to a person |
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concerned with the running of an Academy, subject to the |
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payment by that person or the Secretary of State of such sum by |
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way of consideration (if any) as the Secretary of State determines |
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Transfer of land and other property on dissolution of governing body |
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13 (1) | This paragraph applies where a governing body of a school are to |
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be dissolved by virtue of paragraph 5(2)(a)(iv) of Schedule 1 to EA |
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2002 (dissolution of governing body on conversion date following |
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(2) | Where a governing body are so dissolved, the following are |
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transferred as provided in sub-paragraph (3)— |
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(a) | all publicly funded land which is held by the governing |
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body for the purposes of the school and which is not |
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transferred on the conversion date (pursuant to a direction |
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under paragraph 10 or otherwise); |
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(b) | all other property of the governing body which is used or |
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held for the purposes of the school; |
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(c) | all rights and liabilities of the governing body (including |
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rights and liabilities in relation to staff) which were |
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acquired or incurred for the purposes of the school. |
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(3) | The land, other property, rights and liabilities are, on the |
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conversion date, transferred to, and by virtue of this Act vest in— |
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(a) | the local authority that maintained the school, or |
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(b) | such person concerned with the running of an Academy as |
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the Secretary of State directs before the conversion date. |
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(4) | Sub-paragraph (2) does not apply to— |
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(a) | any land for which provision has been made for payment |
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under paragraph 10(3)(b), |
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(b) | any land or other property which is held by the governing |
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body on trust for the purposes of the school, |
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(c) | any property or rights to which section 7 (transfer of school |
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(d) | unless the Secretary of State otherwise directs before the |
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conversion date, any liabilities of the governing body in |
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respect of a loan made to the governing body. |
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(5) | Subject to sub-paragraphs (6) and (7), a governing body who are |
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to be dissolved as mentioned in sub-paragraph (1) may transfer |
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any land or other property which is held by them on trust for the |
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purposes of the school to any person to hold such land or other |
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property on trust for purposes connected with the provision of |
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(6) | Sub-paragraph (5) does not apply to land in respect of which a |
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direction has been made under paragraph 10(3)(a) or (c). |
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(7) | Sub-paragraph (5) does not apply to land or other property held |
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by a governing body on trust for the purposes of the school in a |
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case where any other persons (“other trustees”) also hold land or |
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other property on trust for the purposes of the school. |
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(8) | In a case mentioned in sub-paragraph (7), the land or other |
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property held on trust by the governing body is, on the conversion |
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date, transferred to, and by virtue of this Act vests in, the other |
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(9) | If any doubt or dispute arises as to the persons to whom land or |
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other property is transferred under sub-paragraph (8), it is to be |
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treated as so transferred to such persons as the Secretary of State |
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Land held for the purposes of an Academy |
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Notice in relation to certain land held for the purposes of an Academy |
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14 (1) | This paragraph applies to land— |
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(a) | that is held for the purposes of an Academy, and |
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(b) | that has been acquired or enhanced in value wholly or |
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partly by payments made by or on behalf of— |
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(i) | a local authority, or |
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(ii) | the Secretary of State. |
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(2) | In the case of land that has been acquired or enhanced in value |
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wholly or partly by payments made by or on behalf of a local |
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authority, the authority may serve a notice under sub-paragraph |
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(3) | In the case of land that has been acquired or enhanced in value |
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wholly or partly by payments made by or on behalf of the |
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Secretary of State, the Secretary of State may serve a notice under |
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(4) | A notice under this sub-paragraph is a notice that the land is |
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publicly funded land for the purposes of this Schedule. |
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