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Further and Higher Education Act 1992

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Version Superseded: 05/05/2010

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58 Reorganisations of schools involving establishment of further education corporation.E+W

(1)Subsection (2) below applies where, in connection with a reorganisation of schools maintained by a local education authority, any land used for the purposes of one or more of the schools affected by the reorganisation or, as the case may be, the school so affected—

(a)is to cease to be so used or is to continue to be so used for a limited period, and

F1[(b)a prescribed alteration within the meaning of section 28 of the School Standards and Framework Act 1998 has been made to the school,]

and in that subsection that land is referred to as “the land to be transferred”.

(2)If the land to be transferred is land of the local authority, the land and any other property of the local authority used for the purposes of the school on that land shall be treated for the purposes of section 23 of this Act as used for the purposes of the educational institution conducted by the corporation.

(3)For the purposes of this section there is a reorganisation of schools maintained by a local education authority if, in the case of each of the schools affected by the reorganisation or (if there is only one) the school so affected—

(a)the local education authority cease to maintain the school, or

[F2(b)a prescribed alteration within the meaning of the relevant school organisation provision has been made to the school,]

whether or not the reorganisation also involves the establishment of one or more new schools.

[F3(4)In subsection (3)(b) “the relevant school organisation provision” means—

(a)in relation to England, section 18 of the Education and Inspections Act 2006, and

(b)in relation to Wales, section 28 of the School Standards and Framework Act 1998.]

Textual Amendments

F1S. 58(1)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.45 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.

Commencement Information

I1S. 58 wholly in force at 30.9.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 2

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