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Education Bill
Schedule 13 — Academies: land

93

 

Schedule 13

Section 59

 

Academies: land

Schedule 1 to AA 2010

1          

For Schedule 1 to AA 2010 (Academies: land) substitute—

“Schedule 1

5

Section 13

 

Academies: land

Part 1

Land held by a local authority

Transfer scheme where land ceases to be used for purposes of a school

1     (1)  

The Secretary of State may make a scheme in relation to land if the

10

requirements in sub-paragraph (2) are met.

      (2)  

The requirements are as follows—

(a)   

a local authority holds a freehold or leasehold interest in

the land when the scheme is made;

(b)   

at any time in the period of eight years ending with the day

15

on which the scheme is made the land was used wholly or

mainly for the purposes of a school;

(c)   

at the time the scheme is made the land is no longer used

for the purposes of the school mentioned in paragraph (b)

or the Secretary of State thinks it is about to be no longer so

20

used.

      (3)  

The scheme must meet the requirements in paragraph 3(1).

Transfer scheme following proposals for establishment of new Academy

2     (1)  

The Secretary of State may make a scheme in relation to land if the

requirements in sub-paragraph (2) are met.

25

      (2)  

The requirements are as follows—

(a)   

a local authority holds a freehold or leasehold interest in

the land when the scheme is made;

(b)   

the land forms the whole or part of a site specified in a

notification given to the Secretary of State under section 6A

30

of EIA 2006, or a notice published under section 7 of that

Act, (proposals for new schools) as a possible site for a new

school;

(c)   

before making the scheme, the Secretary of State consulted

the authority.

35

      (3)  

The scheme must meet the requirements in paragraph 3(1).

Transfer schemes under paragraphs 1 and 2: general

3     (1)  

These requirements must be met as regards a scheme under

paragraph 1 or 2—

 
 

Education Bill
Schedule 13 — Academies: land

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(a)   

the scheme must provide for a transfer of the land or such

part of it as is specified in the scheme;

(b)   

the scheme must specify whether the transfer is the

transfer of a freehold or leasehold interest in the land or the

grant of a lease in respect of the land (see paragraph 22(4));

5

(c)   

the transfer must be to a person who is specified in the

scheme and is concerned with the running of an Academy;

(d)   

the transfer must be made to the transferee for the

purposes of the Academy;

(e)   

in the case of a scheme under paragraph 2, the Academy

10

must have been the subject of proposals under section 6A

or 7 of EIA 2006;

(f)   

the scheme must make provision about the transfer to the

transferee of any right or liability held by the local

authority as holder of the land or specified part concerned.

15

      (2)  

In sub-paragraph (1) the reference to a right or liability—

(a)   

includes a reference to a right or liability as a trustee, but

(b)   

excludes a reference to a liability in respect of the principal

of or interest on a loan.

      (3)  

A scheme may include incidental, consequential, supplemental

20

and transitional provision.

      (4)  

A scheme under paragraph 1 must be so expressed that it does not

come into force while the land concerned is used for the purposes

of the school mentioned in paragraph 1(2)(b).

      (5)  

A scheme comes into force—

25

(a)   

on the day it specifies for it to come into force, or

(b)   

on the day it otherwise identifies as the day for it to come

into force.

      (6)  

When a scheme comes into force it has effect to transfer (in

accordance with its provisions) the land, rights and liabilities to

30

which it applies.

      (7)  

A transfer made by virtue of a scheme is binding on all persons

even if, apart from this sub-paragraph, it would have required the

consent or concurrence of any person.

Restriction on disposal of school land held by local authority

35

4     (1)  

Sub-paragraph (2) applies if—

(a)   

a freehold or leasehold interest in land is held by a local

authority,

(b)   

the authority proposes to make a disposal in respect of the

land, and

40

(c)   

at any time in the period of eight years ending with the day

on which the disposal is proposed to be made, the land

was used wholly or mainly for the purposes of a school.

      (2)  

Unless the Secretary of State consents, the authority must not

make the disposal.

45

 
 

Education Bill
Schedule 13 — Academies: land

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      (3)  

Sub-paragraph (2) does not apply to a disposal made in pursuance

of a contract made, or option granted, before 26 July 2002.

      (4)  

A disposal is not invalid only because it is made in contravention

of sub-paragraph (2).

      (5)  

A person acquiring land, or entering into a contract to acquire it, is

5

not to be concerned to enquire whether the consent required by

sub-paragraph (2) has been given.

5     (1)  

This paragraph applies if a local authority has made a disposal in

contravention of paragraph 4(2).

      (2)  

In a case where the authority has made a disposal within the

10

meaning of this Schedule because it has granted an option (see

paragraph 22(5)(d)), the Secretary of State may by notice served on

the option holder repudiate the option at any time before it is

exercised.

      (3)  

In a case where the authority has made a disposal within the

15

meaning of this Schedule because it has entered into a contract to

dispose of land (see paragraph 22(5)(c)), the Secretary of State may

by notice served on the other party to the contract repudiate it at

any time before a conveyance of the land is executed.

      (4)  

A repudiation under sub-paragraph (2) or (3) has effect—

20

(a)   

when the notice is served, and

(b)   

as if the repudiation were made by the authority.

      (5)  

In a case where the land has been transferred (whether or not in

pursuance of an option or contract falling within sub-paragraph

(2) or (3)) the Secretary of State may purchase the land

25

compulsorily.

      (6)  

The Acquisition of Land Act 1981 applies in relation to the

compulsory purchase of land under sub-paragraph (5).

      (7)  

On completion of a compulsory purchase of land under sub-

paragraph (5) the Secretary of State must transfer it to a person

30

concerned with the running of an Academy.

      (8)  

If the Secretary of State acquires land by compulsory purchase

under sub-paragraph (5), the Secretary of State is entitled to

recover from the authority an amount equal to the aggregate of—

(a)   

the compensation agreed or awarded in respect of the

35

purchase,

(b)   

any interest payable by the Secretary of State in respect of

the compensation, and

(c)   

the costs and expenses incurred by the Secretary of State in

connection with the making of the compulsory purchase

40

order.

      (9)  

The authority must provide the Secretary of State with such

information as the Secretary of State may require it to provide in

connection with a compulsory purchase under sub-paragraph (5).

 
 

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Schedule 13 — Academies: land

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Restriction on appropriation of school land held by local authority

6     (1)  

Sub-paragraph (2) applies if—

(a)   

a freehold or leasehold interest in land is held by a local

authority,

(b)   

the authority proposes to make an appropriation of the

5

land under section 122 of the Local Government Act 1972,

and

(c)   

at any time in the period of eight years ending with the day

on which the appropriation is proposed to be made the

land was used wholly or mainly for the purposes of a

10

school.

      (2)  

Unless the Secretary of State consents, the authority must not

make the appropriation.

7     (1)  

This paragraph applies if a local authority has made an

appropriation in contravention of paragraph 6(2).

15

      (2)  

The Secretary of State may purchase the land concerned

compulsorily.

      (3)  

Paragraph 5(6) to (9) apply to a compulsory purchase of land

under sub-paragraph (2) as they apply to a compulsory purchase

of land under paragraph 5(5).

20

Class consents

8          

For the purposes of paragraphs 4(2) and 6(2), the consent of the

Secretary of State—

(a)   

may be given in relation to a particular case or class of case,

and

25

(b)   

may be given subject to conditions.

Duty to inform Secretary of State on proposed change of use of school land

9     (1)  

Sub-paragraph (2) applies if—

(a)   

a freehold or leasehold interest in land is held by a local

authority,

30

(b)   

the authority proposes to change the use of the land in

such a way that (were the change made) the land would

cease to be capable of use wholly or mainly for the

purposes of a school, and

(c)   

at any time in the period of eight years ending with the

35

date of the proposed change of use the land was used

wholly or mainly for the purposes of a school.

      (2)  

The authority must inform the Secretary of State of the proposal.

 
 

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Schedule 13 — Academies: land

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Part 2

Land held by a governing body, a foundation body or trustees

Power of Secretary of State to make direction where Academy order made

10    (1)  

This paragraph applies where—

(a)   

an Academy order has effect in respect of—

5

(i)   

a voluntary school,

(ii)   

a foundation school, or

(iii)   

a foundation special school, and

(b)   

the school is to be converted into an Academy.

      (2)  

The Secretary of State may make one or more of the directions

10

listed in sub-paragraph (3) in respect of publicly funded land

which is held for the purposes of the school by—

(a)   

the governing body of the school,

(b)   

the foundation body of the school, or

(c)   

the trustees of the school.

15

      (3)  

The directions are—

(a)   

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 of State

20

determines to be appropriate;

(b)   

that the governing body, the foundation body or the

trustees, as the case may be, 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

25

the direction, of the whole or any part of the land;

(c)   

that the land or any part of the land be transferred to a

person concerned with the running of the Academy,

subject to the payment by that person or the Secretary of

State of such sum by way of consideration (if any) as the

30

Secretary of State determines to be appropriate.

      (4)  

Unless otherwise specified in the direction, any transfer of land

pursuant to sub-paragraph (3) is to take place on the conversion

date.

Power of Secretary of State to make direction on discontinuance of foundation,

35

voluntary or foundation special school

11    (1)  

This paragraph applies where the Secretary of State has received

an application under sub-paragraph (2), (3) or (4ZA) of paragraph

5 of Schedule 22 to SSFA 1998 (application in respect of land held

by governing body, foundation body or trustees on

40

discontinuance of school).

      (2)  

The Secretary of State may direct that the land or any part of the

land to which the application relates 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

45

 
 

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Schedule 13 — Academies: land

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way of consideration (if any) as the Secretary of State determines

to be appropriate.

Power of Secretary of State to make direction on proposed disposal of school land

12    (1)  

This paragraph applies where the Secretary of State has received a

notice under any of the following paragraphs of Schedule 22 to

5

SSFA 1998—

(a)   

paragraph A1A(4) (notice by governing body of intention

to dispose of publicly funded land);

(b)   

paragraph A7A(4) (notice by foundation body of intention

to dispose of publicly funded land);

10

(c)   

paragraph A13A(6) (notice by trustees of intention to

dispose of publicly funded land);

(d)   

paragraph A23(4)(b) (notice by local authority of intention

to apply for transfer order in respect of publicly funded

land).

15

      (2)  

The Secretary of State may direct that the land or any part of the

land to which the notice relates 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

20

to be appropriate.

Transfer of land and other property on dissolution of governing body

13    (1)  

This paragraph applies where a governing body of a school are to

be dissolved by virtue of paragraph 5(2)(a)(iv) of Schedule 1 to EA

2002 (dissolution of governing body on conversion date following

25

Academy order).

      (2)  

Where a governing body are so dissolved, the following are

transferred as provided in sub-paragraph (3)—

(a)   

all publicly funded land which is held by the governing

body for the purposes of the school and which is not

30

transferred on the conversion date (pursuant to a direction

under paragraph 10 or otherwise);

(b)   

all other property of the governing body which is used or

held for the purposes of the school;

(c)   

all rights and liabilities of the governing body (including

35

rights and liabilities in relation to staff) which were

acquired or incurred for the purposes of the school.

      (3)  

The land, other property, rights and liabilities are, on the

conversion date, transferred to, and by virtue of this Act vest in—

(a)   

the local authority that maintained the school, or

40

(b)   

such person concerned with the running of an Academy as

the Secretary of State directs before the conversion date.

      (4)  

Sub-paragraph (2) does not apply to—

(a)   

any land for which provision has been made for payment

under paragraph 10(3)(b),

45

(b)   

any land or other property which is held by the governing

body on trust for the purposes of the school,

 
 

Education Bill
Schedule 13 — Academies: land

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(c)   

any property or rights to which section 7 (transfer of school

surpluses) applies, or

(d)   

unless the Secretary of State otherwise directs before the

conversion date, any liabilities of the governing body in

respect of a loan made to the governing body.

5

      (5)  

Subject to sub-paragraphs (6) and (7), a governing body who are

to be dissolved as mentioned in sub-paragraph (1) may transfer

any land or other property which is held by them on trust for the

purposes of the school to any person to hold such land or other

property on trust for purposes connected with the provision of

10

education in schools.

      (6)  

Sub-paragraph (5) does not apply to land in respect of which a

direction has been made under paragraph 10(3)(a) or (c).

      (7)  

Sub-paragraph (5) does not apply to land or other property held

by a governing body on trust for the purposes of the school in a

15

case where any other persons (“other trustees”) also hold land or

other property on trust for the purposes of the school.

      (8)  

In a case mentioned in sub-paragraph (7), the land or other

property held on trust by the governing body is, on the conversion

date, transferred to, and by virtue of this Act vests in, the other

20

trustees.

      (9)  

If any doubt or dispute arises as to the persons to whom land or

other property is transferred under sub-paragraph (8), it is to be

treated as so transferred to such persons as the Secretary of State

directs.

25

Part 3

Land held for the purposes of an Academy

Notice in relation to certain land held for the purposes of an Academy

14    (1)  

This paragraph applies to land—

(a)   

that is held for the purposes of an Academy, and

30

(b)   

that has been acquired or enhanced in value wholly or

partly by payments made by or on behalf of—

(i)   

a local authority, or

(ii)   

the Secretary of State.

      (2)  

In the case of land that has been acquired or enhanced in value

35

wholly or partly by payments made by or on behalf of a local

authority, the authority may serve a notice under sub-paragraph

(4).

      (3)  

In the case of land that has been acquired or enhanced in value

wholly or partly by payments made by or on behalf of the

40

Secretary of State, the Secretary of State may serve a notice under

sub-paragraph (4).

      (4)  

A notice under this sub-paragraph is a notice that the land is

publicly funded land for the purposes of this Schedule.

 
 

 
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