10.45 pm
The Lord Bishop of Peterborough: I am very grateful to the Minister for his response to Amendment No. 128. I am also grateful to him for the discussions which we have already had about these matters. At this hour, it is difficult to take in all the details of his response and I shall read them very
18 July 2006 : Column 1245
carefully. But I am grateful for his reassurance of further discussions. In light of that, I am happy to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amendment No. 129 not moved.]
Schedule 4 [Disposals and changes of use of land]:
Lord Adonis moved Amendments Nos. 129A to 129BX:
Page 150, line 3, leave out “A6” and insert “A6A”
Page 150, line 3, at end insert “and paragraph A22”
Page 150, line 11, after “the” insert “publicly funded”
Page 150, line 12, leave out “those proceeds” and insert “the proceeds of disposal”
Page 150, line 12, at end insert-
“( ) For the purposes of this paragraph and paragraphs A3 and A4, the “publicly funded proceeds of disposal” means the proceeds of disposal which are attributable to the land having been acquired or enhanced in value, or both, as the case may be, as mentioned in the relevant paragraph or paragraphs of sub-paragraph (1) of paragraph A1.”
Page 150, line 17, at end insert “publicly funded”
Page 150, line 19, after second “the” insert “publicly funded”
Page 150, line 30, leave out “(6)” and insert “(6)(a)”
Page 150, line 32, leave out from “where” to second “are” in line 34 and insert “the authority give notice of their objection to the disposal in accordance with sub-paragraph (6)(a), the relevant requirements in relation to such a notice”
Page 150, line 38, leave out from “disposal” to end of line 42 and insert “on or after the expiry of the requisite period until the relevant requirements in relation to such a notice are met.”
Page 150, line 42, at end insert-
“( ) The “relevant requirements” in relation to a notice given under sub-paragraph (6)(a) are met if-
(a) the adjudicator has approved the disposal on a reference made under paragraph A3(1), or (b) the authority have withdrawn notice of their objection to the disposal in accordance with sub-paragraph (8).”
Page 150, line 43, leave out from beginning to end of line 13 on page 151 and insert-
“(11) If the authority give either or both of the following notices in relation to the disposal in accordance with sub-paragraph (6)-
(a) notice of their objection to the proposed use of the publicly funded proceeds of disposal under sub-paragraph (6)(b); (b) notice of their claim to the whole or a part of the publicly funded proceeds of disposal under sub-paragraph (6)(c), the governing body may not use the publicly funded proceeds of disposal until the relevant requirements in relation to each notice so given are met.
(12) The “relevant requirements” in relation to a notice given under sub-paragraph (6)(b) are met if-
(a) the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has been determined in accordance with paragraph A3(2), or (b) the authority have withdrawn notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with sub-paragraph (8).
(13) The “relevant requirements” in relation to a notice given under sub-paragraph (6)(c) are met if-
(a) the “appropriate amount” has been determined in accordance with paragraph A3(3), or
18 July 2006 : Column 1246
(b) the authority have withdrawn notice of their claim in accordance with sub-paragraph (8).”
Page 151, line 20, after second “the” insert “publicly funded”
Page 151, line 22, leave out “the proceeds of disposal” and insert “those proceeds”
Page 151, line 33, after second “the” insert “publicly funded”
Page 151, line 34, leave out “the proceeds of disposal” and insert “those proceeds”
Page 151, line 49, leave out from beginning to end of line 5 on page 152 and insert-
(1A) The governing body must notify the authority that the disposal has been made and of the amount of the proceeds of disposal.
(a) the authority gave notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A2(6)(c), and (b) the “appropriate amount” has been determined in accordance with paragraph A3(3) to be an amount greater than zero, the governing body must pay the “appropriate amount” to the authority.”
Page 152, line 6, after “remaining” insert “publicly funded”
Page 152, line 8, after “remaining” insert “publicly funded”
Page 152, line 14, at end insert “publicly funded”
Page 152, line 24, after “the” insert “publicly funded”
Page 152, leave out line 26 and insert-
Page 152, line 29, leave out from “A3(3),” to end of line 31.
Page 152, line 32, after “Sub-paragraphs” insert “(1B),”
Page 152, line 32, leave out from “paragraph” to end ofline 33 and insert “A2(11) (restriction on use of publicly funded proceeds of disposal where notices given under paragraph A2(6)(b) or (c)).”
Page 152, line 34, leave out from beginning to end of line 28 on page 154.
Page 154, line 28, at end insert-
(a) the authority gave notice of their objection to the disposal in accordance with paragraph A2(6)(a), and (b) the adjudicator has determined that he does not approve the disposal.
(2) The governing body may apply to the adjudicator for an order to be made by him requiring the land or any part of the land to be transferred to such local authority as he may specify subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate.
(3) Before making an application under sub-paragraph (2), the governing body must give the local education authority notice of their intention to make the application.”
Page 156, line 24, leave out “A13” and insert “A13A”
Page 156, line 24, at end insert “and paragraph A22”
Page 156, line 32, after “the” insert “publicly funded”
Page 156, line 33, leave out “those proceeds” and insert “the proceeds of disposal”
Page 156, line 33, at end insert-
“( ) For the purposes of this paragraph and paragraphs A10 and A11, the “publicly funded proceeds of disposal” means the proceeds of disposal which are attributable to the land having been acquired or enhanced in value, or both, as the case may be, as mentioned in the relevant paragraph or paragraphs of sub-paragraph (1) of paragraph A8.”
Page 156, line 38, at end insert “publicly funded”
18 July 2006 : Column 1247
Page 156, line 40, after second “the” insert “publicly funded”
Page 157, line 4, leave out “(6)” and insert “(6)(a)”
Page 157, line 6, leave out from “where” to second “are” in line 8 and insert “the authority give notice of their objection to the disposal in accordance with sub-paragraph (6)(a), the relevant requirements in relation to such a notice”
Page 157, line 12, leave out from “disposal” to end of line 16 and insert “on or after the expiry of the requisite period until the relevant requirements in relation to such a notice are met.”
Page 157, line 16, at end insert-
“( ) The “relevant requirements” in relation to a notice given under sub-paragraph (6)(a) are met if-
(a) the adjudicator has approved the disposal on a reference made under paragraph A10(1), or (b) the authority have withdrawn notice of their objection to the disposal in accordance with sub-paragraph (8).”
Page 157, line 17, leave out from beginning to end of line 32 and insert-
“(11) If the authority give either or both of the following notices in relation to the disposal in accordance with sub-paragraph (6)-
(a) notice of their objection to the proposed use of the publicly funded proceeds of disposal under sub-paragraph (6)(b); (b) notice of their claim to the whole or a part of the publicly funded proceeds of disposal under sub-paragraph (6)(c), the foundation body may not use the publicly funded proceeds of disposal until the relevant requirements in relation to each notice so given are met.
(12) The “relevant requirements” in relation to a notice given under sub-paragraph (6)(b) are met if-
(a) the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has been determined in accordance with paragraph A10(2), or (b) the authority have withdrawn notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with sub-paragraph (8).
(13) The “relevant requirements” in relation to a notice given under sub-paragraph (6)(c) are met if-
(a) the “appropriate amount” has been determined in accordance with paragraph A10(3), or (b) the authority have withdrawn notice of their claim in accordance with sub-paragraph (8).”
Page 157, line 39, after “of the” insert “publicly funded”
Page 157, line 41, leave out “the proceeds of disposal” and insert “those proceeds”
Page 158, line 2, after second “the” insert “publicly funded”
Page 158, line 3, leave out “the proceeds of disposal” and insert “those proceeds”
Page 158, line 18, leave out from beginning to end of line 23 and insert-
(1A) The foundation body must notify the authority that the disposal has been made and of the amount of the proceeds of disposal.
(a) the authority gave notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A9(6)(c), and
18 July 2006 : Column 1248
(b) the “appropriate amount” has been determined in accordance with paragraph A10(3) to be an amount greater than zero, the foundation body must pay the “appropriate amount” to the authority.”
Page 158, line 24, after “remaining” insert “publicly funded”
Page 158, line 26, after “remaining” insert “publicly funded”
Page 158, line 32, at end insert “publicly funded”
Page 158, line 42, after “the” insert “publicly funded”
Page 158, leave out line 44 and insert-
Page 158, line 47, leave out from “A10(3),” to end of line 49.
Page 159, line 1, after “Sub-paragraphs” insert “(1B),”
Page 159, line 1, leave out from “paragraph” to end of line 2 and insert “A9(11) (restriction on use of publicly funded proceeds of disposal where notices given under paragraph A9(6)(b) or (c)).”
Page 159, line 3, leave out from beginning to end of line 47 on page 160.
Page 160, line 47, at end insert-
(a) the authority gave notice of their objection to the disposal in accordance with paragraph A9(6)(a), and (b) the adjudicator has determined that he does not approve the disposal.
(2) The foundation body may apply to the adjudicator for an order to be made by him requiring the land or any part of the land to be transferred to such local authority as he may specify subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate.
(3) Before making an application under sub-paragraph (2), the foundation body must give the local education authority notice of its intention to make the application.”
Page 162, line 40, after “by” insert “the trustees from”
Page 162, line 40, at end insert “which was land acquired by the governing body”
Page 163, line 34, leave out “A20” and insert “A20A”
Page 163, line 34, at end insert “and paragraph A22”
Page 164, line 3, after “the” insert “publicly funded”
Page 164, line 4, leave out “those proceeds” and insert “the proceeds of disposal”
Page 164, line 4, at end insert-
“( ) For the purposes of this paragraph and paragraphs A17 and A18, the “publicly funded proceeds of disposal” means the proceeds of disposal which are attributable to the land having been acquired or enhanced in value, or both, as the case may be, as mentioned in the relevant paragraph or paragraphs of sub-paragraph (1), (2) or (3) of paragraph A15.”
Page 164, line 9, at end insert “publicly funded”
Page 164, line 11, after second “the” insert “publicly funded”
Page 164, line 21, leave out “(8)” and insert “(8)(a)”
Page 164, line 23, leave out from “where” to second “are” in line 25 and insert “the authority give notice of their objection to the disposal in accordance with sub-paragraph (8)(a), the relevant requirements in relation to such a notice”
Page 164, line 28, leave out from “disposal” to end of line 32 and insert “on or after the expiry of the requisite period until the relevant requirements in relation to such a notice are met.”
Page 164, line 32, at end insert-
“( ) The “relevant requirements” in relation to a notice given under sub-paragraph (8)(a) are met if-
18 July 2006 : Column 1249
(a) the adjudicator has approved the disposal on a reference made under paragraph A17(1), or (b) the authority have withdrawn notice of their objection to the disposal in accordance with sub-paragraph (10).”
Page 164, line 33, leave out from beginning to end of line 48 and insert-
“(13) If the authority give either or both of the following notices in relation to the disposal in accordance with sub-paragraph (8)-
(a) notice of their objection to the proposed use of the publicly funded proceeds of disposal under sub-paragraph (8)(b); (b) notice of their claim to the whole or a part of the publicly funded proceeds of disposal under sub-paragraph (8)(c), the trustees may not use the publicly funded proceeds of disposal until the relevant requirements in relation to each notice so given are met.
(14) The “relevant requirements” in relation to a notice given under sub-paragraph (8)(b) are met if-
(a) the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has been determined in accordance with paragraph A17(2), or (b) the authority have withdrawn notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with sub-paragraph (10).
(14A) The “relevant requirements” in relation to a notice given under sub-paragraph (8)(c) are met if-
(a) the “appropriate amount” has been determined in accordance with paragraph A17(3), or (b) the authority have withdrawn notice of their claim in accordance with sub-paragraph (10).”
Page 165, line 10, after “the” insert “publicly funded”
Page 165, line 12, leave out from “used”,” to end of line 19 and insert-
“( ) in sub-paragraph (13)- (i) for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”, and (ii) for “use the publicly funded proceeds of disposal” substitute “use the land for purposes not connected with the provision of education in maintained schools”, and ( ) in sub-paragraph (14)- (i) for “relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has” substitute “purposes for which the land is to be used have”, and (ii) for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”.”
On Question, amendments agreed to.
[Amendment No. 130 not moved.]
Lord Adonis moved Amendments Nos. 130A to 130H:
Page 165, line 25, after second “the” insert “publicly funded”
Page 165, line 27, leave out “the proceeds of disposal” and insert “those proceeds”
Page 165, line 36, after “the” insert “publicly funded”
Page 165, line 37, leave out “the proceeds of disposal” and insert “those proceeds”
Page 166, line 5, after “the” insert “publicly funded”
Page 166, line 7, leave out “the proceeds of disposal” and insert “those proceeds”
18 July 2006 : Column 1250
Page 166, line 10, leave out from beginning to end of line 15 and insert-
(1A) The trustees must notify the authority that the disposal has been made and of the amount of the proceeds of disposal.
(a) the authority gave notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A16(8)(c), and (b) the “appropriate amount” has been determined in accordance with paragraph A17(3) to be an amount greater than zero, the trustees or their successors must pay the “appropriate amount” to the authority.”
Page 166, line 16, at end insert “publicly funded”
On Question, amendments agreed to.
[Amendment No. 131 not moved.]
Lord Adonis moved Amendments Nos. 131A to 131U:
Page 166, line 19, after “remaining” insert “publicly funded”
Page 166, line 25, at end insert “publicly funded”
Page 166, line 35, after “the” insert “publicly funded”
Page 166, leave out line 37 and insert-
Page 166, line 40, leave out from “A17(3),” to end of line 42.
Page 166, line 43, after “Sub-paragraphs” insert “(1B),”
Page 166, line 43, leave out from “paragraph” to end ofline 44 and insert “A16(13) (restriction on use of publicly funded proceeds of disposal where notices given under paragraph A16(8)(b) or (c)).”
Page 167, line 1, leave out “(1)” and insert “(1A)”
Page 167, line 3, after ““remaining” insert “publicly funded”
Page 167, line 10, after “the” insert “publicly funded”
Page 167, line 15, at end insert “publicly funded”
Page 167, line 18, leave out from beginning to end of line 6 on page 169.
Page 169, line 6, at end insert-
(a) the authority gave notice of their objection to the disposal in accordance with paragraph A16(8)(a), and (b) the adjudicator has determined that he does not approve the disposal.
(2) The trustees may apply to the adjudicator for an order to be made by him requiring the land or any part of the land to be transferred to such local authority as he may specify subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate.
(3) Before making an application under sub-paragraph (2), the trustees must give the local education authority notice of their intention to make the application.”
Page 169, line 25, after “reference” insert “or application”
Page 169, line 26, leave out “A20” and insert “A20A”
Page 169, line 27, after “determining” insert “the publicly funded proceeds of disposal or”
Page 169, line 27, leave out from “amount”” to “in” in line 28.
Page 169, line 28, leave out “in accordance with” and insert “for the purposes of”
Page 169, line 30, leave out “on a reference made under” and insert “for the purposes of”
