SCHEDULES
C1SCHEDULE 22 Disposals of land in case of certain schools and disposals on discontinuance
Part II Maintained schools: disposals on discontinuance
Discontinuance of foundation, voluntary and foundation special schools: land
5
1
This paragraph applies where—
F1a
proposals to discontinue a foundation, voluntary or foundation special school have been approved, adopted F9, confirmed or determined to be implemented under any enactment, or
b
the F10appropriate authority has given a direction—
F11i
F58ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iii
under section 68(1) of the Education and Inspections Act 2006 requiring a foundation, voluntary or foundation special school in England to be discontinued, or
iv
under section 17(1) of that Act requiring a foundation special school in England to be discontinued.
F501A
But this paragraph does not apply where proposals mentioned in sub-paragraph (1)(a) have been approved, adopted, confirmed or determined to be implemented in consequence of an Academy order made in respect of the school.
2
The governing body of the school shall apply to the F12appropriate 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 (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) of paragraph 1(1),
which is held by the body for the purposes of the school.
F132A
Land falls within this sub-paragraph if it is—
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 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.
3
Where the school is a member of the group for which a foundation body acts, the body shall apply to the F14appropriate 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 (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.
F153A
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
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 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.
4
On an application under sub-paragraph (2) or (3), the F16appropriate authority may do one or more of the following, namely—
F17a
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 authority determines to be appropriate;
F51aa
in the case of a school in England, make a direction in respect of the land under paragraph 11 of Schedule 1 to the Academies Act 2010 (transfer to Academy);
b
direct the governing body or the foundation body, as the case may be, to pay, either to F18the appropriate authority or to such local authority as F18the appropriate authority may specify, the whole or any part of the value, as at the date of the direction, of the whole or any part of the land referred to in sub-paragraph (2) or (3), as the case may be; and
c
in a case where the discontinuance of the school is connected with proposals under F2any enactment to establish, or to make a prescribed alteration F59or regulated alteration to, any other school or schools, require the land or any part of the land to be transferred to the governing body of such maintained school or the temporary governing body of such new school as F19the appropriate authority may specify.
F204ZA
Where the school is in England, the trustees of the school shall apply to the appropriate authority for it to exercise its powers 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—
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 or partly with the proceeds of disposal of any land falling within paragraph (a) above.
F34A
Where the school F21is in Wales and is a foundation F60... school which has a foundation, the trustees of the school shall apply to the F22appropriate authority for it to exercise its powers under sub-paragraph (4B) in relation to any land falling within paragraph 2A(1)(a), F61(aa), (b) or (c) which is held by the trustees for the purposes of the school.
4B
On an application under sub-paragraph F23(4ZA) or (4A), the F24appropriate authority may do one or more of the following, namely—
F25a
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 authority determines to be appropriate;
F52aa
in the case of a school in England, make a direction in respect of the land under paragraph 11 of Schedule 1 to the Academies Act 2010 (transfer to Academy);
b
where the trustees have power to use the land F26—
i
in the case of a school in England, for the purposes of another foundation, voluntary or foundation special school, or
ii
in the case of a school in Wales, for the purposes of another foundation F62... school or for the purposes of a voluntary school,
direct the trustees to exercise that power in such manner as the appropriate authority may specify;
c
d
in a case where the discontinuance of the school is connected with proposals under any enactment to establish, or to make a prescribed alteration F63or regulated alteration to, any other school or schools, require the land or any part of the land to be transferred—
i
to the trustees, foundation body or governing body of such maintained school as F29the appropriate authority may specify, or
ii
to the trustees, foundation body or temporary governing body of such new school as F29the appropriate authority may specify.
5
Where the governing body F4, foundation body or trustees fail to make an application as required by sub-paragraph F5(2), (3) F30, (4ZA) or (4A), as the case may be, the F31appropriate authority may nevertheless make any such requirement or give any such direction as is mentioned in sub-paragraph F6(4) or (4B), as the case may be.
F325A
Where the school is in England and the trustees of the school—
a
dispose of any land falling within sub-paragraph (4ZB), or
b
wish to use any such land for purposes not connected with the provision of education in maintained schools F53or Academies,
paragraph A13 shall apply to them.
6
Where F33the school is in Wales and the trustees of the school—
a
b
wish to use any such land for purposes not connected with the provision of education in maintained schools,
paragraph 3 shall apply to them.
F487
In this paragraph “local authority” includes a non-metropolitan district council for an area for which there is a county council.
Discontinuance of foundation or voluntary school by notice given by its governing body: land and premises
6
1
2
If the F35appropriate authority gives such consent, F36the appropriate authority may impose any requirements in relation to the governing body or, where the school is a member of the group for which a foundation body acts, the foundation body that F36the appropriate authority thinks just—
a
b
c
d
(where any premises used for the purposes of the school are not to be so transferred) in respect of the payment by the governing body or the foundation body, as the case may be, to F37the F49local authority of so much of the value of those premises as is just having regard to the extent to which they were provided at public expense.
3
In sub-paragraph (2) “at public expense” means at the expense of—
a
the Funding Agency for Schools, or
b
any F49local authority or an authority within section 30(2)(d).
F393A
Where the school is in England and the trustees of the school—
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.
4
Where F40the school is in Wales and the trustees of the school—
a
dispose of any land falling within paragraph 3(1) or (2), or
b
wish to use any such land for purposes not connected with the provision of education in maintained schools,
paragraph 3 shall apply to them.
Disposal of property held by governing body of maintained school on their dissolution
7
1
2
Where a governing body are so dissolved—
a
all land or other property of the governing body which is used or held for the purposes of the school, and
b
all rights and liabilities (including rights and liabilities in relation to staff) of the governing body subsisting immediately before the date of dissolution which were acquired or incurred for the purposes of the school,
shall on the date of dissolution be transferred to, and by virtue of this Act vest in—
i
the F49local authority, or
F562A
The persons and bodies are—
a
the governing body of a maintained school;
b
the temporary governing body of a new school;
c
in the case of the dissolution of a governing body of a maintained school in England, a person concerned with the running of an Academy.
3
Sub-paragraph (2) does not apply to—
a
any land or other property for which provision has been made for transfer or payment under paragraph 5(4) or 6(2),
b
any property of whatever nature which is held by the governing body on trust for the purposes of the school, or
c
unless the F42appropriate authority otherwise directs by order made before the date of dissolution, any liabilities of the governing body in respect of any loan made to the governing body.
4
Subject to sub-paragraph (5), a governing body who are to be dissolved as mentioned in sub-paragraph (1) may transfer any land or other property which is held by them on trust for the purposes of the school to any person to hold such land or other property on trust for purposes connected with the provision of education in maintained schools.
5
Sub-paragraph (4) does not apply to any land or other property so held by the governing body of a foundation, voluntary or foundation special school where any other persons also hold any property on trust for the purposes of the school; and any such land or other property shall on the date of dissolution be transferred to, and by virtue of this Act vest in, those persons.
6
If any doubt or dispute arises as to the persons to whom any land or other property within sub-paragraph (5) falls to be transferred under that sub-paragraph, it shall be treated as falling to be so transferred to such persons as the F43appropriate authority thinks proper.
Notice by trustees terminating foundation or voluntary school’s occupation of existing site
8
1
This paragraph applies where trustees have given a notice falling within section 30(10) F67or section 80(11) of the School Standards and Organisation (Wales) Act 2013 which is effective to terminate a foundation or voluntary school’s occupation of any land (“the relevant premises”).
2
If any expenditure has been incurred on the relevant premises as mentioned in section 30(2)(a) to (d) F68or section 80(2) of the School Standards and Organisation (Wales) Act 2013, the F44appropriate authority may impose any requirements that F45the appropriate authority thinks just—
a
in respect of the repayment by the trustees of all or part of any such expenditure which was incurred by F46the appropriate authority;
b
c
3
In sub-paragraph (2) “at public expense” means at the expense of—
a
the Funding Agency for Schools, or
b
any F49local authority or an authority within section 30(2)(d).
Sch. 22 excluded (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 1 para. 10(2)(c); S.I. 2010/1937, art. 2, Sch. 1