Education Bill

House of Commons

Session 2010 - 11
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Education Bill

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—

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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.
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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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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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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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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,

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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.