SCHEDULES

C1SCHEDULE 22 Disposals of land in case of certain schools and disposals on discontinuance

Annotations:
Modifications etc. (not altering text)

F1Part A1Foundation, voluntary and foundation special schools in England: disposals of land

Annotations:

A21Meaning of “capital expenditure”

1

This paragraph applies to the references to capital expenditure in the definition of “relevant capital expenditure” in paragraphs A6, A12 and A18.

2

Subject to sub-paragraphs (3) and (4), such references are references to—

a

in the case of paragraph A6, expenditure which, if it were to be incurred by the governing body, would fall to be capitalised in accordance with proper accounting practices;

b

in the case of paragraph A12, expenditure which, if it were to be incurred by the foundation body, would fall to be capitalised in accordance with proper accounting practices;

c

in the case of paragraph A18, expenditure which, if it were to be incurred by the trustees, would fall to be capitalised in accordance with proper accounting practices.

3

The Secretary of State may by regulations prescribe classes or descriptions of expenditure which are to be treated—

a

for the purposes of paragraph A6 as being, or as not being, capital expenditure of any governing body, or any prescribed class or description of governing body;

b

for the purposes of paragraph A12 as being, or as not being, capital expenditure of any foundation body, or any prescribed class or description of foundation body;

c

for the purposes of paragraph A18 as being, or as not being, capital expenditure of any trustees, or any prescribed class or description of trustee.

4

The Secretary of State may by direction provide that—

a

expenditure of a particular governing body, which is expenditure of a particular class or description, is to be treated for the purposes of paragraph A6 as being, or as not being, capital expenditure of that body;

b

expenditure of a particular foundation body, which is expenditure of a particular class or description, is to be treated for the purposes of paragraph A12 as being, or as not being, capital expenditure of that body;

c

expenditure of particular trustees, which is expenditure of a particular class or description, is to be treated for the purposes of paragraph A18 as being, or as not being, capital expenditure of those persons.

5

Directions under sub-paragraph (4) may be expressed to have effect in specified circumstances or subject to specified conditions.