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Amendment, by leave, withdrawn.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(a) the adjudicator has approved the disposal on a reference made under paragraph A3(1), or (b) the authority have withdrawn notice of their objection to the disposal in accordance with sub-paragraph (8).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