Education and Inspections Bill

House of Lords

Session 2005 - 06
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Education and Inspections Bill

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
187

any regulations made under section 24 of that Act by
virtue of subsection (3)(b) of that section,
(e)
land acquired wholly by means of expenditure incurred on
or after the appointed day for the purposes of the school
and treated by the local education authority as
5
expenditure of a capital nature,
(f)
land acquired from the Funding Agency for Schools,
(g)
land acquired wholly by means of—
(i)
any maintenance, special purpose or capital grant
(within the meaning of Chapter 6 of Part 3 of the
10
Education Act 1996),
(ii)
any grant paid under section 216(2) of that Act, or
(iii)
any grant paid under any regulations made under
paragraph 4 of Schedule 32 to this Act other than a
grant paid under such regulations to the governing
15
body of a voluntary aided school,
(h)
land acquired wholly or partly by means of any grant
made on or after 1st April 2007 by the Secretary of State
under paragraph 5 of Schedule 3 (including that provision
as applied by any enactment) in relation to which notice is
20
given in accordance with paragraph A27,
(i)
land acquired wholly with the proceeds of disposal of any
land acquired as mentioned in any of paragraphs (f) to (h),
or
(j)
land acquired wholly by means of any grant made in
25
pursuance of a special agreement (as defined by section
32(5) of the Education Act 1996).
      (2)
For the purposes of paragraph A23, land held, or held on trust, for
the purposes of a foundation or foundation special school by the
trustees of the school is also “publicly funded land” if it is—
30
(a)
land acquired by the trustees from the governing body of
the school or of another foundation or foundation special
school which was land—
(i)
acquired by the governing body under a transfer
under section 201(1)(a) of the Education Act 1996,
35
(ii)
acquired by the governing body under any of the
provisions mentioned in sub-paragraph (1)(b) or
under paragraph 8A of this Schedule, or
(iii)
acquired by the governing body wholly with the
proceeds of disposal of land acquired as mentioned
40
in sub-paragraph (i) or (ii), or
(b)
land acquired wholly with the proceeds of disposal of any
land acquired as mentioned in sub-paragraph (1)(b).
      (3)
For the purposes of paragraph A23, land held, or held on trust, for
the purposes of a voluntary school by the trustees of the school is
45
also “publicly funded land” if it is—
(a)
land acquired by the governing body of the school—
(i)
under a transfer under section 201(1)(a) of the
Education Act 1996, or
(ii)
wholly with the proceeds of disposal of any land so
50
acquired,

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
188


and transferred by the governing body to be held on trust
by the trustees, or
(b)
in the case of a school to which sub-paragraph (4) applies,
land acquired wholly by means of expenditure incurred
under section 63 or 64 of the Education Act 1996.
5
      (4)
This sub-paragraph applies to a voluntary aided school which
was, immediately before the appointed day, a controlled school
within the meaning of the Education Act 1996.
      (5)
Land held, or held on trust, for the purposes of a foundation,
voluntary or foundation special school by the trustees of the
10
school is not “publicly funded land” for the purposes of paragraph
A23 if it is—
(a)
land acquired under section 60 or 61 of the Education Act
1996, or
(b)
land acquired under paragraph 2 or 4 of Schedule 3 to this
15
Act,

by the trustees of an institution which is, or has at any time been,
within the further education sector (as defined by section 4(3) of
the Education Act 1996).
      (6)
Sub-paragraph (1)(e) does not apply in the case of any expenditure
20
unless the authority—
(a)
prepared an appropriate statement in relation to the
expenditure, and
(b)
sent a copy of the statement to the trustees either before, or
no later than 12 months after, the expenditure was
25
incurred.
      (7)
An “appropriate statement” in relation to expenditure is a
statement in writing which—
(a)
contains details of the amount of the expenditure, the
acquisition or works funded (or to be funded) by such
30
expenditure, and the total cost (or estimated total cost) of
that acquisition or those works, and
(b)
indicates that the expenditure was being treated by the
authority as expenditure of a capital nature.
Notice in relation to grants under paragraph 5 of Schedule 3
35
A27   (1)
Where a grant is made on or after 1st April 2007 by the Secretary
of State under paragraph 5 of Schedule 3 (including that provision
as applied by any enactment), the Secretary of State may within
the relevant period give the body or other persons to whom the
grant is made notice that—
40
(a)
any land acquired, or enhanced in value, wholly or partly
by means of the grant is land falling within paragraph
A1(1)(g), A7(1)(f) and A13(1)(j), and
(b)
any land acquired wholly or partly by means of the grant
is land falling within paragraph A24(1)(g), A25(1)(f) and
45
A26(1)(h).
      (2)
The “relevant period” means the period of 6 months beginning
with the date upon which the grant is made.”

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
189

3
In the heading to Part 1 of the Schedule after “SCHOOLS” insert “IN
WALES”.
4     (1)
Paragraph 1 is amended as follows.
      (2)
In sub-paragraph (1)—
(a)
after “foundation special school” insert “in Wales”, and
5
(b)
omit paragraph (c).
      (3)
In sub-paragraph (1A)(b) for “falling within section 21(1)(a)” substitute
“established otherwise than under this Act”.
      (4)
In sub-paragraphs (2) and (3) for “Secretary of State” substitute “Assembly”.
      (5)
In sub-paragraph (3)—
10
(a)
for “his” substitute “its”,
(b)
for “he”, wherever occurring, substitute “the Assembly”, and
(c)
for “him” substitute “the Assembly”.
5     (1)
Paragraph 2 is amended as follows.
      (2)
In sub-paragraph (1)—
15
(a)
after “by a foundation body” insert “in Wales”,
(b)
in paragraph (a) omit the words from “or acquired” to the end, and
(c)
in paragraph (d) for “Secretary of State” substitute “Assembly”.
      (3)
After that sub-paragraph insert—
   “(1A)
A “foundation body in Wales” means a foundation body where
20
each of the schools comprising the group of schools for which the
foundation body acts is maintained by a local education authority
in Wales.”
      (4)
In sub-paragraphs (2) and (3) for “Secretary of State” substitute “Assembly”.
      (5)
In sub-paragraph (3)—
25
(a)
for “his” substitute “its”, and
(b)
for “he”, wherever occurring, substitute “the Assembly”.
6     (1)
Paragraph 2A is amended as follows.
      (2)
In sub-paragraph (1) after “trustees of a foundation or foundation special
school” insert “in Wales”.
30
      (3)
In sub-paragraphs (3) and (4) for “Secretary of State” substitute “Assembly”.
      (4)
In sub-paragraph (4)—
(a)
for “his” substitute “its”, and
(b)
for “he”, wherever occurring, substitute “the Assembly”.
      (5)
In sub-paragraph (6) after “foundation special school” insert “in Wales”.
35
7     (1)
Paragraph 3 is amended as follows.
      (2)
In sub-paragraph (1)—
(a)
after “foundation special school” insert “in Wales”,
(b)
in paragraph (a) omit the words from “or acquired” to the end,
(c)
omit paragraph (d), and
40

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
190

(d)
in paragraph (f) omit “(d) or”.
      (3)
In sub-paragraph (2) after “voluntary aided school” insert “in Wales”.
      (4)
In sub-paragraphs (3) and (4) for “Secretary of State” substitute “Assembly”.
      (5)
In sub-paragraph (8) omit “(d),”.
      (6)
In sub-paragraph (9)—
5
(a)
for “Secretary of State”, wherever occurring, substitute “Assembly”,
and
(b)
for “he” substitute “the Assembly”.
      (7)
In sub-paragraph (12) after “foundation special school” insert “in Wales”.
8     (1)
Paragraph 4 is amended as follows.
10
      (2)
In sub-paragraph (1)—
(a)
after “local education authority” insert “in Wales”, and
(b)
for “Secretary of State” substitute “Assembly”.
      (3)
In sub-paragraph (2)—
(a)
for “Secretary of State” substitute “Assembly”, and
15
(b)
for “he” substitute “the Assembly”.
9     (1)
Paragraph 5 is amended as follows.
      (2)
In sub-paragraph (1)(b)—
(a)
for “Secretary of State” substitute “appropriate authority”, and
(b)
for sub-paragraphs (i) and (ii) substitute—
20
“(i)
under section 19(1) requiring a foundation,
voluntary or foundation special school in
Wales to be discontinued,
(ii)
under section 32(1) requiring a foundation
special school in Wales to be discontinued,
25
(iii)
under section 67(1) of the Education and
Inspections Act 2006 requiring a
foundation, voluntary or foundation
special school in England to be
discontinued, or
30
(iv)
under section 17(1) of that Act requiring a
foundation special school in England to be
discontinued.”
      (3)
In sub-paragraph (2) for the words from “Secretary of State” to the end
substitute “appropriate authority for it to exercise its powers under sub-
35
paragraph (4) below in relation to—
(a)
if the school is in England, any land falling within paragraphs (a) to
(i) of paragraph A1(1) other than land falling within sub-paragraph
(2A), or
(b)
if the school is in Wales, any land falling within paragraphs (a) to (f)
40
of paragraph 1(1),

which is held by the body for the purposes of the school.”
      (4)
After sub-paragraph (2) insert—
   “(2A)
Land falls within this sub-paragraph if it is—

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
191

(a)
land falling within paragraph (g) of paragraph A1(1) by
virtue of being land enhanced in value as mentioned in
that paragraph, or
(b)
land falling within paragraph (i) of paragraph A1(1) by
virtue of being land acquired, or enhanced in value, wholly
5
or partly with the proceeds of disposal of any land falling
within paragraph (a) above.
     (2B)
If the school is in England and the governing body dispose of any
land falling within sub-paragraph (2A) which is held by them for
the purposes of the school, paragraph A1 shall apply to them.”
10
      (5)
In sub-paragraph (3) for the words from “Secretary of State” to the end
substitute “appropriate authority for it to exercise its powers under sub-
paragraph (4) below in relation to—
(a)
if the school is in England, any land falling within paragraphs (a) to
(h) of paragraph A7(1) other than land falling within sub-paragraph
15
(3A), or
(b)
if the school is in Wales, any land falling within paragraphs (a) to (f)
of paragraph 2(1),

which is held by the body for the purposes of the schools comprising the
group.”
20
      (6)
After sub-paragraph (3) insert—
   “(3A)
Land falls within this sub-paragraph if it is—
(a)
land falling within paragraph (f) of paragraph A7(1) by
virtue of being land enhanced in value as mentioned in
that paragraph, or
25
(b)
land falling within paragraph (h) of paragraph A7(1) by
virtue of being land acquired, or enhanced in value, wholly
or partly with the proceeds of disposal of any land falling
within paragraph (a) above.
     (3B)
If the school is in England and the foundation body disposes of
30
any land falling within sub-paragraph (3A) which is held by it for
the purposes of the schools comprising the group, paragraph A7
shall apply to it.”
      (7)
In sub-paragraph (4)—
(a)
for “Secretary of State” substitute “appropriate authority”,
35
(b)
for paragraph (a) substitute—
“(a)
require the land or any part of the land to be
transferred to such local authority as the
appropriate authority may specify, subject to the
payment by that local authority of such sum by
40
way of consideration (if any) as the appropriate
authority determines to be appropriate;”,
(c)
in paragraph (b) for “him” and “he” substitute “the appropriate
authority”, and
(d)
in paragraph (c) for “he” substitute “the appropriate authority”.
45
      (8)
After sub-paragraph (4) insert—
  “(4ZA)
Where the school is in England, the trustees of the school shall
apply to the appropriate authority for it to exercise its powers

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
192

under sub-paragraph (4B) in relation to any land falling within
paragraph A13(1), (2) or (3), other than land falling within sub-
paragraph (4ZB), which is held by the trustees for the purposes of
the school.
    (4ZB)
Land falls within this sub-paragraph if it is—
5
(a)
land falling within paragraph (j) of paragraph A13(1) by
virtue of being land enhanced in value as mentioned in
that paragraph, or
(b)
land falling within paragraph (k) of paragraph A13(1) by
virtue of being land acquired, or enhanced in value, wholly
10
or partly with the proceeds of disposal of any land falling
within paragraph (a) above.”
      (9)
In sub-paragraph (4A)—
(a)
after “Where the school” insert “is in Wales and”, and
(b)
for “Secretary of State for him to exercise his” substitute “appropriate
15
authority for it to exercise its”.
     (10)
In sub-paragraph (4B)—
(a)
after “under sub-paragraph” insert “(4ZA) or”,
(b)
for “Secretary of State” substitute “appropriate authority”,
(c)
for paragraph (a) substitute—
20
“(a)
require the land or any part of the land to be
transferred to such local authority as the
appropriate authority may specify, subject to the
payment by that local authority of such sum by
way of consideration (if any) as the appropriate
25
authority determines to be appropriate;”,
(d)
in paragraph (b) for the words from “for the purposes of another” to
the end substitute “—
(i)
in the case of a school in England, for the
purposes of another foundation, voluntary
30
or foundation special school, or
(ii)
in the case of a school in Wales, for the
purposes of another foundation or
foundation special school or for the
purposes of a voluntary school,
35

direct the trustees to exercise that power in such
manner as the appropriate authority may specify;”,
(e)
in paragraph (c) after “sub-paragraph” insert “(4ZA) or, as the case
may be,”, and
(f)
in paragraphs (c) and (d) for “he”, wherever occurring, substitute
40
“the appropriate authority”.
     (11)
In sub-paragraph (5)—
(a)
after “(3)” insert “, (4ZA)”, and
(b)
for “Secretary of State” substitute “appropriate authority”.
     (12)
After that sub-paragraph insert—
45
   “(5A)
Where the school is in England and the trustees of the school—
(a)
dispose of any land falling within sub-paragraph (4ZB), or

Education and Inspections Bill
Schedule 4 — Disposals and changes of use of land
Part 1 — Amendments to Schedule 22 to SSFA 1998
193

(b)
wish to use any such land for purposes not connected with
the provision of education in maintained schools,

paragraph A13 shall apply to them.”
     (13)
In sub-paragraph (6) after “Where” insert “the school is in Wales and”.
10    (1)
Paragraph 6 is amended as follows.
5
      (2)
In sub-paragraph (1) for “Secretary of State’s” substitute “appropriate
authority’s”.
      (3)
In sub-paragraph (2)—
(a)
for “Secretary of State” substitute “appropriate authority”,
(b)
for “he”, wherever occurring, substitute “the appropriate authority”,
10
(c)
for “the authority”, wherever occurring, substitute “the local
education authority”, and
(d)
for “him” substitute “the appropriate authority”.
      (4)
After sub-paragraph (3) insert—
   “(3A)
Where the school is in England and the trustees of the school—
15
(a)
dispose of any land falling within paragraph A13(1), (2) or
(3), or
(b)
wish to use any such land for purposes not connected with
the provision of education in maintained schools,

paragraph A13 shall apply to them.”
20
      (5)
In sub-paragraph (4) after “Where” insert “the school is in Wales and”.
11
In paragraph 7, in sub-paragraphs (2)(ii), (3)(c) and (6), for “Secretary of
State” substitute “appropriate authority”.
12
In paragraph 8(2)—
(a)
for “Secretary of State” substitute “appropriate authority”,
25
(b)
for “he”, wherever occurring, substitute “the appropriate authority”,
(c)
for “him” substitute “the appropriate authority”, and
(d)
for “the authority”, wherever occurring, substitute “the local
education authority”.
13
After paragraph 8 insert—
30
“Part 2A
Maintained school: transfer of land from trustee to governing body
8A    (1)
This paragraph applies where the trustee of one or more
foundation or foundation special schools to which section 23A
(requirements as to foundations) applies is a body corporate.
35
      (2)
Where—
(a)
the body corporate has under any enactment passed a
resolution for its winding up,
(b)
a court has made an order for the winding up of the body
corporate,
40