Office of Public Sector Information
Section 36
1 Schedule 22 to SSFA 1998 (disposal of land by foundation, voluntary or foundation special schools and disposals on discontinuance) is amended as follows.
2 Before Part 1 of the Schedule insert—
(1) This paragraph applies to any disposal by the governing body of a foundation, voluntary or foundation special school in England of—
(a) any land acquired under a transfer under section 201(1)(a) of the Education Act 1996,
(b) any land acquired under any of the following—
paragraph 2 of Schedule 3;
paragraph 16 of Schedule 6 (including that provision as applied by any enactment);
paragraph 5(4)(c), 5(4B)(d) or 8A of this Schedule;
any regulations made under paragraph 5 of Schedule 8;
paragraph 28(2) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment),
(c) any land acquired under any regulations made under—
section 24 of the Education and Inspections Act 2006 by virtue of subsection (3)(b) of that section, or
section 27 of that Act by virtue of subsection (2)(b) of that section,
(d) any land acquired from a foundation body,
(e) any land acquired from the Funding Agency for Schools,
(f) any land acquired, or enhanced in value, wholly or partly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter 6 of Part 3 of the Education Act 1996),
(g) any land acquired, or enhanced in value, 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 given in accordance with paragraph A27,
(h) any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred for the purposes of the school and treated by the local education authority as expenditure of a capital nature, or
(i) any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in any of paragraphs (a) to (h).
(2) But this paragraph does not apply to any disposal which—
(a) is made by the governing body of a foundation or foundation special school after the commencement of this sub-paragraph, and
(b) is a disposal to the trustees of the school made on the school becoming a school with a foundation established otherwise than under this Act.
(3) Sub-paragraph (1)(h) does not apply in the case of any expenditure incurred on or after the appointed day unless the authority—
(a) prepared an appropriate statement in relation to the expenditure, and
(b) sent a copy of the statement to the governing body either before, or no later than 12 months after, the expenditure was incurred.
(4) 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 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.
(1) This paragraph applies to a disposal of land to which paragraph A1 applies if, or to the extent that, it comprises a disposal of non-playing field land.
(2) “Non-playing field land” means land which does not include playing fields within the meaning of section 77.
(3) Accordingly, in this paragraph, paragraphs A3 to A5 and paragraph A19—
(a) references to the disposal are to the disposal by the governing body of the non-playing field land, and
(b) references to the land are to that non-playing field land.
(4) The governing body must give the local education authority notice of their intention to dispose of the land.
(5) That notification must specify—
(a) the relevant capital expenditure upon which it is proposed the publicly funded proceeds of disposal are to be used, and
(b) the estimated amount of the proceeds of disposal.
(6) 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.
(7) The authority may, within the requisite period, give the governing body any or all of the following—
(a) notice of their objection to the disposal, giving reasons for their objection;
(b) notice of their objection to the proposed use of the publicly funded proceeds of disposal, giving reasons for their objection;
(c) notice of their claim to the whole or a part of the publicly funded proceeds of disposal.
(8) The “requisite period” means the period of 6 weeks beginning with the date upon which the governing body gave notification of the disposal to the authority under sub-paragraph (4).
(9) A notice given under sub-paragraph (7) may be withdrawn at any time by the authority giving the governing body notice to that effect.
(10) The governing body may not make the disposal within the requisite period unless within that period—
(a) the authority give the governing body notice that they relinquish any right to give notice under sub-paragraph (7)(a) in relation to the disposal, or
(b) in a case where the authority give notice of their objection to the disposal in accordance with sub-paragraph (7)(a), the relevant requirements in relation to such a notice are met.
(11) If the authority give notice of their objection to the disposal in accordance with sub-paragraph (7)(a), the governing body may not make the disposal on or after the expiry of the requisite period until the relevant requirements in relation to such a notice are met.
(12) The “relevant requirements” in relation to a notice given under sub-paragraph (7)(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 (9).
(13) If the authority give either or both of the following notices in relation to the disposal in accordance with sub-paragraph (7)—
(a) notice of their objection to the proposed use of the publicly funded proceeds of disposal under sub-paragraph (7)(b);
(b) notice of their claim to the whole or a part of the publicly funded proceeds of disposal under sub-paragraph (7)(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.
(14) The “relevant requirements” in relation to a notice given under sub-paragraph (7)(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 (9).
(15) The “relevant requirements” in relation to a notice given under sub-paragraph (7)(c) are met if—
(a) the “appropriate amount” has been determined in accordance with paragraph A3(3), or
(b) the authority have withdrawn notice of their claim in accordance with sub-paragraph (9).
(1) Where the authority give the governing body notice of their objection to the disposal in accordance with paragraph A2(7)(a), the governing body or the authority may refer the matter to the adjudicator for a determination by him as to whether he approves the disposal.
(2) Where the authority give the governing body notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with paragraph A2(7)(b), the relevant capital expenditure upon which those proceeds are to be used is to be determined—
(a) by agreement between the governing body and the authority, or
(b) by the adjudicator where—
(i) the governing body or the authority refer the matter to him for determination, and
(ii) by the time of his determination the matter has not been determined by agreement between the governing body and the authority.
(3) Where the authority give the governing body notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A2(7)(c), the amount of those proceeds which it is appropriate for the governing body to pay to the authority (the “appropriate amount”) is to be determined—
(a) by agreement between the governing body and the authority, or
(b) by the adjudicator where—
(i) the governing body or the authority refer the matter to him for determination, and
(ii) by the time of his determination the matter has not been determined by agreement between the governing body and the authority.
(4) Before making a reference to the adjudicator under sub-paragraph (1), (2)(b) or (3)(b), the governing body or, as the case may be, the authority, must give the other notice of their intention to make the reference.
(5) On a reference under sub-paragraph (1), (2)(b) or (3)(b), the adjudicator may determine the proportion (if any) of the proceeds of disposal that are or will be the publicly funded proceeds of disposal.
(1) This paragraph applies where the disposal is made.
(2) The governing body must notify the authority that the disposal has been made and of the amount of the proceeds of disposal.
(3) Where—
(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(7)(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.
(4) The governing body must ensure that the remaining publicly funded proceeds of disposal are used on the agreed relevant capital expenditure.
(5) If the amount of the remaining publicly funded proceeds of disposal exceeds the amount of the agreed relevant capital expenditure, then the governing body must ensure that the surplus amount is used on relevant capital expenditure.
(6) The “agreed relevant capital expenditure” means—
(a) in a case where—
(i) no notice of objection to the proposed use of the publicly funded proceeds of disposal was given by the authority in accordance with paragraph A2(7)(b), or
(ii) such a notice was so given and was then withdrawn in accordance with paragraph A2(9),
the relevant capital expenditure specified in the notification of the disposal given to the authority under paragraph A2(4), and
(b) in a case where such notice of objection was so given and was not withdrawn, the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used as determined in accordance with paragraph A3(2).
(7) The “remaining publicly funded proceeds of disposal” means the amount of the publicly funded proceeds of disposal which remains after deducting the “appropriate amount” (if any) determined in accordance with paragraph A3(3).
(8) Sub-paragraphs (3), (4) and (5) are subject to paragraph A2(13) (restriction on use of publicly funded proceeds of disposal where notices given under paragraph A2(7)(b) or (c)).
(1) This paragraph applies where—
(a) the authority gave notice of their objection to the disposal in accordance with paragraph A2(7)(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.
(1) For the purposes of paragraphs A2 to A4, “relevant capital expenditure”, in relation to a disposal of land by the governing body of a foundation, voluntary or foundation special school, means capital expenditure in relation to the premises of—
(a) the school,
(b) any existing foundation, voluntary or foundation special school, city technology college, city college for the technology of the arts, or Academy, or
(c) any proposed foundation, voluntary or foundation special school, or Academy.
(2) For the purposes of sub-paragraph (1)(c) it is irrelevant whether proposals have yet been published under any enactment in respect of the proposed school or Academy in question.
(1) This paragraph applies to any disposal by a foundation body in England of—
(a) any land acquired under any of the following—
paragraph 2, 4 or 9 of Schedule 3;
paragraph 16 or 20 of Schedule 6 (including that provision as applied by any enactment);
paragraph 5 or 6 of Schedule 21;
paragraph 5(4B)(d) of this Schedule;
any regulations made under paragraph 5 of Schedule 8,
(b) any land acquired under any of the following—
paragraph 8(5) of Schedule 8 to the Education Act 2002;
paragraph 14(5) of Schedule 10 to the Education Act 2005;
paragraph 28(2) or 31(1) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment);
any regulations made under section 24 of that Act by virtue of subsection (3)(b) of that section;
any regulations made under section 27 of that Act by virtue of subsection (2)(b) of that section,
(c) any land acquired from the governing body of a maintained school,
(d) any land acquired from another foundation body,
(e) any land acquired, or enhanced in value, wholly or partly by means of any grant provided by the Secretary of State on or after the appointed day other than a grant made on or after 1st April 2007 under paragraph 5 of Schedule 3 (including that provision as applied by any enactment),
(f) any land acquired, or enhanced in value, 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 given in accordance with paragraph A27,
(g) any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred for the purposes of any of the schools comprising the group for which the body acts and treated by the local education authority as expenditure of a capital nature, or
(h) any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in any of paragraphs (a) to (g).
(2) A “foundation body in England” means a foundation body where each of the schools comprising the group of schools for which the foundation body acts is maintained by a local education authority in England.
(3) But this paragraph does not apply to any disposal which—
(a) is made by a foundation body after the commencement of this sub-paragraph, and
(b) is a disposal to the trustees of a foundation or foundation special school made on the school leaving the group for which the foundation body acts and becoming a school with a foundation established otherwise than under this Act.
(4) Sub-paragraph (1)(g) does not apply in the case of any expenditure incurred on or after the appointed day unless the authority—
(a) prepared an appropriate statement in relation to the expenditure, and
(b) sent a copy of the statement to the foundation body either before, or no later than 12 months after, the expenditure was incurred.
(5) 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 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.
(1) This paragraph applies to a disposal of land to which paragraph A7 applies if, or to the extent that, it comprises a disposal of non-playing field land.
(2) “Non-playing field land” means land which does not include playing fields within the meaning of section 77.
(3) Accordingly, in this paragraph, paragraphs A9 to A11 and paragraph A19—
(a) references to the disposal are to the disposal by the foundation body of the non-playing field land, and
(b) references to the land are to that non-playing field land.
(4) The foundation body must give the local education authority notice of its intention to dispose of the land.
(5) That notification must specify—
(a) the relevant capital expenditure upon which it is proposed the publicly funded proceeds of disposal are to be used, and
(b) the estimated amount of the proceeds of disposal.
(6) For the purposes of this paragraph and paragraphs A9 and A10, 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 A7.
(7) The authority may, within the requisite period, give the foundation body any or all of the following—
(a) notice of their objection to the disposal, giving reasons for their objection;
(b) notice of their objection to the proposed use of the publicly funded proceeds of disposal, giving reasons for their objection;
(c) notice of their claim to the whole or a part of the publicly funded proceeds of disposal.
(8) The “requisite period” means the period of 6 weeks beginning with the date upon which the foundation body gave notification of the disposal to the authority under sub-paragraph (4).
(9) A notice given under sub-paragraph (7) may be withdrawn at any time by the authority giving the foundation body notice to that effect.
(10) The foundation body may not make the disposal within the requisite period unless within that period—
(a) the authority give the foundation body notice that they relinquish any right to give notice under sub-paragraph (7)(a) in relation to the disposal, or
(b) in a case where the authority give notice of their objection to the disposal in accordance with sub-paragraph (7)(a), the relevant requirements in relation to such a notice are met.
(11) If the authority give notice of their objection to the disposal in accordance with sub-paragraph (7)(a), the foundation body may not make the disposal on or after the expiry of the requisite period until the relevant requirements in relation to such a notice are met.
(12) The “relevant requirements” in relation to a notice given under sub-paragraph (7)(a) are met if—
(a) the adjudicator has approved the disposal on a reference made under paragraph A9(1), or
(b) the authority have withdrawn notice of their objection to the disposal in accordance with sub-paragraph (9).
(13) If the authority give either or both of the following notices in relation to the disposal in accordance with sub-paragraph (7)—
(a) notice of their objection to the proposed use of the publicly funded proceeds of disposal under sub-paragraph (7)(b);
(b) notice of their claim to the whole or a part of the publicly funded proceeds of disposal under sub-paragraph (7)(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.
(14) The “relevant requirements” in relation to a notice given under sub-paragraph (7)(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 A9(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 (9).
(15) The “relevant requirements” in relation to a notice given under sub-paragraph (7)(c) are met if—
(a) the “appropriate amount” has been determined in accordance with paragraph A9(3), or
(b) the authority have withdrawn notice of their claim in accordance with sub-paragraph (9).
(1) Where the authority give the foundation body notice of their objection to the disposal in accordance with paragraph A8(7)(a), the foundation body or the authority may refer the matter to the adjudicator for a determination by him as to whether he approves the disposal.
(2) Where the authority give the foundation body notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with paragraph A8(7)(b), the relevant capital expenditure upon which those proceeds are to be used is to be determined—
(a) by agreement between the foundation body and the authority, or
(b) by the adjudicator where—
(i) the foundation body refers or the authority refer the matter to him for determination, and
(ii) by the time of his determination the matter has not been determined by agreement between the foundation body and the authority.
(3) Where the authority give the foundation body notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A8(7)(c), the amount of those proceeds which it is appropriate for the foundation body to pay to the authority (the “appropriate amount”) is to be determined—
(a) by agreement between the foundation body and the authority, or
(b) by the adjudicator where—
(i) the foundation body refers or the authority refer the matter to him for determination, and
(ii) by the time of his determination the matter has not been determined by agreement between the foundation body and the authority.
(4) Before making a reference to the adjudicator under sub-paragraph (1), (2)(b) or (3)(b), the foundation body or, as the case may be, the authority, must give the other notice of its or their intention to make the reference.
(5) On a reference under sub-paragraph (1), (2)(b) or (3)(b), the adjudicator may determine the proportion (if any) of the proceeds of disposal that are or will be the publicly funded proceeds of disposal.
(1) This paragraph applies where the disposal is made.
(2) The foundation body must notify the authority that the disposal has been made and of the amount of the proceeds of disposal.
(3) Where—
(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 A8(7)(c), and
(b) the “appropriate amount” has been determined in accordance with paragraph A9(3) to be an amount greater than zero,
the foundation body must pay the “appropriate amount” to the authority.
(4) The foundation body must ensure that the remaining publicly funded proceeds of disposal are used on the agreed relevant capital expenditure.
(5) If the amount of the remaining publicly funded proceeds of disposal exceeds the amount of the agreed relevant capital expenditure, then the foundation body must ensure that the surplus amount is used on relevant capital expenditure.
(6) The “agreed relevant capital expenditure” means—
(a) in a case where—
(i) no notice of objection to the proposed use of the publicly funded proceeds of disposal was given by the authority in accordance with paragraph A8(7)(b), or
(ii) such a notice was so given and was then withdrawn in accordance with paragraph A8(9),
the relevant capital expenditure specified in the notification of the disposal given to the authority under paragraph A8(4), and
(b) in a case where such notice of objection was so given and was not withdrawn, the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used as determined in accordance with paragraph A9(2).
(7) The “remaining publicly funded proceeds of disposal” means the amount of the publicly funded proceeds of disposal which remains after deducting the “appropriate amount” (if any) determined in accordance with paragraph A9(3).
(8) Sub-paragraphs (3), (4) and (5) are subject to paragraph A8(13) (restriction on use of publicly funded proceeds of disposal where notices given under paragraph A8(7)(b) or (c)).
(1) This paragraph applies where—
(a) the authority gave notice of their objection to the disposal in accordance with paragraph A8(7)(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.
(1) For the purposes of paragraphs A8 to A10, “relevant capital expenditure”, in relation to a disposal of land by a foundation body, means capital expenditure in relation to the premises of—
(a) any of the schools comprising the group for which the body acts,
(b) any existing foundation, voluntary or foundation special school, city technology college, city college for the technology of the arts, or Academy, or
(c) any proposed foundation, voluntary or foundation special school, or Academy.
(2) For the purposes of sub-paragraph (1)(c) it is irrelevant whether proposals have yet been published under any enactment in respect of the proposed school or Academy in question.
(1) This sub-paragraph applies to any disposal by the trustees of a foundation, voluntary or foundation special school in England of—
(a) any land acquired under section 60, 61 or 70 of the Education Act 1996,
(b) any land acquired under any of the following—
paragraph 2 of Schedule 3;
paragraph 16 of Schedule 6 (including that provision as applied by any enactment);
paragraph 5(4B)(d) of this Schedule;
any regulations made under paragraph 5 of Schedule 8,
(c) any land acquired under any of the following—
paragraph 4 or 9 of Schedule 3;
paragraph 20 of Schedule 6 (including that provision as applied by any enactment),
(d) any land acquired under any of the following—
paragraph 8(5) of Schedule 8 to the Education Act 2002;
paragraph 14(5) of Schedule 10 to the Education Act 2005;
paragraph 28(2) or 31(1) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment);
any regulations made under section 24 of that Act by virtue of subsection (3)(b) of that section,
(e) any land acquired, or enhanced in value, wholly or partly 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 expenditure of a capital nature,
(f) any land acquired from the Funding Agency for Schools,
(g) any land acquired, or enhanced in value, wholly or partly by means of—
(i) any maintenance, special purpose or capital grant (within the meaning of Chapter 6 of Part 3 of the Education Act 1996), or
(ii) any grant paid under section 216(2) of that Act,
(h) any land acquired wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in paragraph (f) or (g),
(i) any land acquired, or enhanced in value, wholly or partly by means of any grant made in pursuance of a special agreement (as defined by section 32(5) of the Education Act 1996),
(j) any land acquired, or enhanced in value, 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 given in accordance with paragraph A27, or
(k) any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in paragraph (j).
Education and Inspections Act 2006