131 Abolition of corporal punishment in schools etc.
(1) For section 548 of the Education Act 1996 there shall be substituted—
No right to give corporal punishment.
548 (1) Corporal punishment given by, or on the authority of, a member of staff to a child—
(a) for whom education is provided at any school, or
(b) for whom education is provided, otherwise than at school, under any arrangements made by a local education authority, or
(c) for whom specified nursery education is provided otherwise than at school,
cannot be justified in any proceedings on the ground that it was given in pursuance of a right exercisable by the member of staff by virtue of his position as such.
(2) Subsection (1) applies to corporal punishment so given to a child at any time, whether at the school or other place at which education is provided for the child, or elsewhere.
(3) The following provisions have effect for the purposes of this section.
(4) Any reference to giving corporal punishment to a child is to doing anything for the purpose of punishing that child (whether or not there are other reasons for doing it) which, apart from any justification, would constitute battery.
(5) However, corporal punishment shall not be taken to be given to a child by virtue of anything done for reasons that include averting—
(a) an immediate danger of personal injury to, or
(b) an immediate danger to the property of,
any person (including the child himself).
(6) “Member of staff”, in relation to the child concerned, means—
(a) any person who works as a teacher at the school or other place at which education is provided for the child, or
(b) any other person who (whether in connection with the provision of education for the child or otherwise)—
(i) works at that school or place, or
(ii) otherwise provides his services there (whether or not for payment),
and has lawful control or charge of the child.
(7) “Child” (except in subsection (8)) means a person under the age of 18.
(8) “Specified nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age which is provided—
(a) by a local education authority; or
(b) by any other person—
(i) who is (or is to be) in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a) of the School Standards and Framework Act 1998, or
(ii) who is (or is to be) in receipt of grants under section 1 of the Nursery Education and Grant-Maintained Schools Act 1996; or
(c) (otherwise than as mentioned in paragraph (a) or (b)) in any educational institution which would fall within section 4(1) above (definition of “school”) but for the fact that it provides part-time, rather than full-time, primary education.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Funding Agency for Schools shall be dissolved on such date as the Secretary of State may by order specify (“the dissolution date”).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Any property, rights and liabilities to which the Agency are entitled or subject immediately before the dissolution date (whether or not capable of being transferred or assigned by the Agency) shall by virtue of this section become property, rights and liabilities of the Secretary of State on that date.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Every agreement (whether written or not), and every instrument or other document, which relates to any property, right or liability of the Agency to which subsection (5) applies shall have effect, so far as may be required for continuing its effect on or after the dissolution date, as if—
(a) where the Agency is a party to it, the Secretary of State were substituted as that party,
(b) for any reference to the Agency there were substituted a reference to the Secretary of State,
(c) for any reference (however worded and whether express or implied) to the chairman, the chief officer or any member of the Agency there were substituted a reference to such officer or officers as the Secretary of State may appoint for the purpose, and
(d) for any reference to the office or place of business of the Agency there were substituted a reference to the principal office of the Secretary of State.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In section 39 of the Education Act 1997 (reports of inspections of local authorities), at the end of subsection (4) (publication of such reports) there shall be added “; and section 42A(2) to (4) of the School Inspections Act 1996 shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in section 42A(2).”
(1) The Education Assets Board shall be known instead as the Education Transfer Council.
(2) For any reference to the Education Assets Board—
(a) in any statutory provision (other than this section), or
(b) in any instrument or document,
there shall be substituted, as respects any time after the commencement of this section, a reference to the Education Transfer Council.
(3) The Secretary of State may by order specify a different name by which the Council are to be known; and an order under this section may make such provision as appears to the Secretary of State to be necessary or expedient in consequence of the change of name effected by the order (including provision for amending statutory provisions).
137 Education Transfer Council: alteration of functions and provision for dissolution.
(1) Schedule 29 (which amends section 198 of, and Schedule 10 to, the Education Reform Act 1988, which relate to the functions of the Education Transfer Council) shall have effect.
(2) The Secretary of State may by order make such further amendments of those provisions of that Act as he considers expedient.
(3) Regulations may make provision—
(a) for the dissolution of the Education Transfer Council by order of the Secretary of State and for enabling him to determine how any property, rights and liabilities of the Council are to be dealt with in connection with their dissolution;
(b) for the subsequent establishment of a new body with such name as may be prescribed and constituted in the same manner as, or similarly to, the Council;
(c) for dealing with transfers of property, rights and liabilities under this Act , under the Education Reform Act 1988 or under the Further and Higher Education Act 1992at a time when the Council has been dissolved and either—
(i) a body has been subsequently established under paragraph (b), or
(ii) no such body has been so established.
(4) Regulations under subsection (3) may, in connection with any matters falling within paragraph (b) or (c) of that subsection—
(a) modify any of the provisions of section 197 or 198 of, or Schedule 8 or 10 to, the Education Reform Act 1988 or section 34 or 36 of, or Schedule 5 or 7 to, the Further and Higher Education Act 1992;
(b) apply any of those provisions with or without modifications;
(c) make provision corresponding or similar to any of those provisions.
(1) Subject to subsection (2), any power of the Secretary of State or the Assembly to make an order or regulations under this Act shall be exercised by statutory instrument.
(2) Subsection (1) does not apply to any order under—
(a) section 11(5), 20(5), 21(8), 73, 82, 111(3)(a) , 124AA(2) or 142(1); or
(b) paragraph 5 of Schedule 5, paragraph 2 or 3 of Schedule 7, ..., paragraph 1 of Schedule 14, paragraph 10 of Schedule 21, paragraph 4(2) , 7(3)(c) or 8A of Schedule 22 or paragraph 5(3) of Schedule 32.
(3) Subject to subsections (4) and (5), a statutory instrument containing any order or regulations made by the Secretary of State under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Subsection (3) does not apply to any order under—
(a) section 20(7), ... 45C(2), 69(3), 85(5), 104... or 145; or
(b) ... paragraph 1 of Schedule 32.
(5) Subsection (3) also does not apply to—
(a) any order under—
(i) section 1(5),
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
; or
(b) the first regulations to be made under—
(i) section 38(3) or 39(1),
(ii) section ... , 47 or 48(1), or
(iii) section 105 or 108(2); or
(c) the first regulations to be made under section 45AA, or
(d) the first regulations to be made under section 47 in relation to England after the coming into force of paragraph 6 of Schedule 16 to the Education Act 2005,
and no such order or regulations shall be made (whether alone or with other provisions) unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.
(6) If a draft of the statutory instrument containing any such regulations under section 105 would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.
(7) Any order or regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State or the Assembly thinks fit.
(8) Any order or regulations under this Act may make different provision in relation to England and Wales respectively.
(9) Nothing in this Act shall be read as affecting the generality of subsection (7).
138A Regulations made by Welsh Ministers under section 71(7A) or sections 89 to 90
(1) Any power of the Welsh Ministers to make regulations under section 71(7A) or sections 89 to 90 shall be exercisable by statutory instrument.
(2) A statutory instrument containing any such regulations made by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(3) Any such regulations may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Welsh Ministers think fit.
(1) There shall be paid out of money provided by Parliament—
(a) any sums required for the making by the Secretary of State of grants or loans under this Act;
(b) any other expenses of the Secretary of State under this Act; and
(c) any increase attributable to this Act in the sums so payable by virtue of any other Act.
(2) There shall be paid into the Consolidated Fund—
(a) any sums received by the Secretary of State under or by virtue of this Act; and
(b) any fees received by ... Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru, under Schedule 26.
140 Minor and consequential amendments and repeals.
(1) The minor and consequential amendments set out in Schedule 30 shall have effect.
(2) Unless the context otherwise requires, any reference in any enactment amended by this Act—
(a) to a maintained school, or
(b) to a community, foundation or voluntary school or a community or foundation special school,
is a reference to such a school within the meaning of this Act.
(3) The enactments specified in Schedule 31 (which include certain spent enactments) are repealed to the extent specified.
(4) Any articles of government of a school which are in force under the Education Act 1996 immediately before the appointed day shall cease to have effect on that day.
(1) For the purposes of this Act a maintained school serves an area for which there are one or more minor authorities if the area served by the school is—
(a) a parish or community;
(b) an area in England which is not within a parish and is not situated in—
(i) a county for which there is no council, or
(ii) a county in which there are no district councils; or
(c) an area comprising two or more areas each of which falls within paragraph (a) or (b).
(2) Where the area served by the school is a parish—
(a) the parish council (if there is one), or
(b) the parish meeting (if there is no parish council),
is the minor authority in relation to the school.
(3) Where the area served by the school is a community, the community council is the minor authority in relation to the school.
(4) Where the area served by the school is an area falling within subsection (1)(b), any district council for the whole or part of the area is a minor authority in relation to the school.
(5) Where the area served by the school is an area falling within subsection (1)(c), each of the relevant authorities is a minor authority in relation to the school.
(6) In subsection (5) “the relevant authorities” means the bodies which, if the two or more constituent areas referred to in subsection (1)(c) were taken separately, would be minor authorities in relation to the school.
(7) References in this section to the area served by a school are references to the area appearing to the local authority to be served by the school.
(1) In this Act, unless the context otherwise requires—
...
“the Assembly” means the National Assembly for Wales;
“Church in Wales school” means a foundation or voluntary school in the Province of Wales in relation to which the religion or religious denomination specified under section 68A is “Church in Wales” and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Finance for the diocese of the Church in Wales in which the school is situated or such other person as the Welsh Ministers may by order designate in respect of that diocese;
“Church of England school” means a foundation or voluntary school in the Province of Canterbury or York in relation to which the religion or religious denomination specified under section 69(4) is “Church of England” and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Education for the diocese of the Church of England in which the school is situated;
“community or foundation special school” means a community special school or a foundation special school;
“contract of employment”, “employee” and “employer” have the same meaning as in the Employment Rights Act 1996;
“employment” (except in section 92(4)) means employment under a contract of employment, and “employed” shall be construed accordingly;
“exclude”, in relation to the exclusion of a child from a school, means exclude on disciplinary grounds (and “exclusion” shall be construed accordingly);
“foundation governor”, in relation to a foundation school, a foundation special school or a voluntary school, means a person appointed as a foundation governor in accordance with regulations under section 19 of the Education Act 2002;
“maintained school” (except in Part III) has the meaning given by section 20(7);
“prescribed” (except in sections 89 to 90) means prescribed by regulations;
“reception class” means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate with pupils of that age;
“regulations” (except where otherwise stated or where the function of making the regulations has been transferred to the Welsh Ministers in relation to Wales) means regulations made by the Secretary of State under this Act;
“relevant age group”, in relation to a school, means an age group in which pupils are normally admitted (or, as the case may be, will normally be admitted) to the school;
“Roman Catholic Church school” means a foundation or voluntary school in relation to which the religion or religious denomination specified under section 68A or 69(4) is “Roman Catholic” and “appropriate diocesan authority”, in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated;
“school maintained by a local authority”, in relation to any time on or after the appointed day, means a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit;
“statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978.
(2) Before making an order in respect of any diocese in Wales in exercise of the power conferred by the definition of “appropriate diocesan authority” the Welsh Ministers shall consult the bishop for the diocese.
(3) Any reference in this Act to the religion or religious denomination specified in relation to a school under section 68A, section 69(4) or 124B(2) shall be construed, in a case where more than one religion or religious denomination is so specified, as including a reference to any of those religions or religious denominations.
(4) As a result of subsection (3), subsection (1) has the effect that a school may, for example, be both a Church of England school and a Roman Catholic Church school and so have a different appropriate diocesan authority in each of those capacities; and, in the case of a school with two appropriate diocesan authorities, any reference in this Act (or Part 4 of the Education and Inspections Act 2006) to “the appropriate diocesan authority” is—
(a) in relation to anything required to be done by or in relation to that authority, a reference to both of the authorities concerned; or
(b) in relation to anything authorised to be done by or in relation to that authority, a reference to either or both of the authorities concerned (or, in the context ... or of section 64(4) or (6) of the Education and Inspections Act 2006, to both of them acting together).
(5) For the purposes of this Act children are to be regarded as admitted to a school for nursery education if—
(a) in the case of a school in England, they are admitted for early years provision as defined by section 20 of the Childcare Act 2006 and are not, or are not to be, placed on admission in a reception class or any more senior class, and
(b) in the case of a school in Wales, if they are, or are to be, placed on admission in a nursery class.
(6) For the purposes of this Act references to disposing of land include references to—
(a) granting or disposing of any interest in land;
(b) entering into a contract to dispose of land or to grant or dispose of any such interest; and
(c) granting an option to purchase any land or any such interest.
(7) For the purposes of this Act—
(a) a person employed by a local authority is to be regarded as employed to work at a school if his employment with the authority for the time being involves work at that school; and
(b) a person employed by a local authority is to be regarded as employed to work solely at a school if his only employment with the authority (disregarding any employment under a separate contract with the authority) is for the time being at that school.
(8) This Act shall be construed as one with the Education Act 1996; and (without prejudice to their generality) paragraphs 1 and 2 of Schedule 39 to that Act (construction of references etc.) apply to references in this Act to provisions of that Act.
(9) Where, however, an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of that Act, the meaning given for the purposes of that provision shall apply instead of the one given for the purposes of that Act.
(10) Subsection (1) of section 576 of that Act (meaning of “parent”) shall, in its application for the purposes of—
(a) section 43 or 62(2) of this Act, or
(b) paragraph 4 of Schedule 2 or paragraph 4 or 14 of Schedule 9 to this Act,
be taken as referring only to persons within paragraph (a) or (b) of that subsection who are individuals.
The expressions listed in the left-hand column below are defined by, or (as the case may be) are to be interpreted in accordance with, the provisions of this Act listed in the right-hand column in relation to those expressions.
Expression | Relevant provision
ability (in Chapter II of Part III) | section 99(5)
adjudicator | section 25(3)
admission arrangements (in Part III in relation to a maintained school) | sections 88(2) and 99(5)
admission authority (in Chapter I of Part III in relation to a maintained school) | section 88(1)
admitted to a school for nursery education | section 142(5)
alteration (in Part II in the context of a prescribed alteration to a maintained school) | section 28(11)
appeal panel (in Chapter I of Part III) | section 84(6)
appointed day (except in Part I of Schedule 32) | section 20(7)
appropriate diocesan authority (in relation to a Church in Wales, Church of England or Roman Catholic Church school) | section 142(1) and (4)
appropriate further education funding council | section 142(1)
area (in Part II) | section 28(11)
Assembly | section 142(1)
budget share (in Part II) | section 47(1)
Chief Inspector (in Chapter IV of Part I) | section 14(4)
child (in Chapter I of Part III but not in sections 96 and 97) | section 84(6)
child looked after by a local authority (in Chapter 1 of Part 3) | section 84(7)
Church in Wales school | section 142(1)
Church of England school | section 142(1)
class (in Chapter I of Part I) | section 4
community or foundation special school | section 142(1)
“contract of employment” and other expressions relating to employment | section 142(1) and (7)
discontinuing, and implementing proposals to discontinue, a school (in Part II in relation to a local authority) | section 29(10)
disposing of land | section 142(6)
education action zone (in Chapter III of Part I) | section 10(1)
exclude, exclusion (in relation to the exclusion of a child from a school) | section 142(1)
foundation (in relation to a foundation or voluntary school) (and having a foundation) | section 21(3)
foundation body | section 21(4)
foundation governor | section 142(1)
governing body
(in Chapter III of Part I) | section 10(6)
(of a maintained school or of a school maintained by a local authority) (in Chapter IV of Part II) | section 45(3)
grammar school (in Chapter II of Part III) | section 104(7)
group (in relation to a foundation body) | section 21(4)
individual schools budget (in Part II) | section 45A(3)
infant class (in Chapter I of Part I) | section 4
land or other property held on trust, or by trustees, for the purposes of a school | section 21(3)(c)
. . . | . . .
local authority (in relation to a school maintained, or proposed to be maintained, by such an authority) | section 22(8)
local schools budget (in Part II) | section 46(1)
maintain (in relation to a maintained school or a maintained nursery school) | section 22(8)
maintained school
(generally) | section 20(7)
. . . | . . .
(in Chapter IV of Part II in a context referring to a local authority) | section 45(3)
(in Chapter I of Part III) | section 84(6)
(in Chapter II of Part III) | section 99(5)
maintained nursery school | section 22(9)
member of the Inspectorate (in Chapter IV of Part I) | section 14(4)
minor authority | section 141
new school (in Chapter IV of Part II) | section 45(4)
non-schools education budget (in Part 2) | Section 45A(1)
nursery education (in Part V) | section 117
ordinary teaching session (in Chapter I of Part I) | section 4
participating school (in Chapter III of Part I in relation to an education action zone) | section 10(6)
prescribed
(generally) | section 142(1)
(in sections 89 to 90) | section 90ZA
promoters (in Part II) in relation to Wales | section 28(2) ...
school teacher(in Chapter I of Part I in relation to an infant class) | section 4
reception class | section 142(1)
regulations
(generally) | section 142(1)
(in sections 89 to 90) | section 90ZA
relevant age group | section 142(1)
relevant standard number (in Chapter I of Part III) | section 84(6)
right to a delegated budget (in Part II) | section 49(7)
Roman Catholic Church school | section 142(1)
scheme (in Part II in relation to a maintained school) | section 48(5)
school having a delegated budget (in Part II) | section 49(7)
school maintained by a local authority
(generally) | section 142(1)
(in Chapter IV of Part II) | section 45(3)
school opening date | section 33(6)
. . . | . . .
school requiring special measures (in Chapter IV of Part I) | section 14(4)
school which has a religious character in England
(in Part 2 in relation to a foundation or voluntary school) | section 69(3)
(in Part 5A in relation to an independent school) | sections 69(3) and 124B(1).
school in Wales which has a religious character
(in Part 2 in relation to a foundation or voluntary school) | section 68A(1)
(in Part 5A in relation to an independent school) | sections 68A(1) and 124B(A1)
school which has selective admission arrangements (in Chapter II of Part III) | section 104(2)
schools budget (in Part 2) | section 45A(2)
specified religion or religious denomination | section 142(3)
statutory provision | section 142(1)
(1) Regulations may at any time make such incidental, consequential, transitional or supplementary provision as appears to the Secretary of State to be necessary or expedient for the general purposes, or any particular purposes, of this Act or in consequence of any of its provisions or for giving full effect to it.
(2) Regulations under subsection (1) may, in particular, make provision—
(a) for enabling any authority or body by whom any functions will become exercisable on the appointed day by virtue of any provision made by or under this Act to take before that day any steps (such as the establishment of committees or the undertaking of consultation) which are necessary or expedient in preparation for the exercise of those functions;
(b) for requiring any body—
(i) by whom any functions will cease to be exercisable at any time, or
(ii) who are required to be reconstituted as from any time,
by virtue of any provision made by or under this Act to take before that time any steps (such as the provision of information, the furnishing of other assistance or the taking of any decision) which are necessary or expedient in preparation for the exercise of functions conferred on any authority or other body, by virtue of any such provision, as from that time or (as the case may be) in preparation for their reconstitution;
(c) for the making before the appointed day of arrangements for securing the satisfactory operation from that day of any such provision and for defraying the cost of any such arrangements;
(d) for prohibiting or restricting the taking of steps before the appointed day which, by virtue of any such provision, will cease to be capable of being taken as from that day;
(e) for enabling the determination under the regulations of matters pending immediately before the appointed day;
(f) for any provision of this Act which comes into force before—
(i) another such provision has come into force, or
(ii) anything falling to be done under another such provision (such as the approval of a school organisation plan) has been done,
to have effect, until that other provision has come into force or (as the case may be) that thing has been done, with such modifications as are specified in the regulations;
(g) for amending, repealing or revoking (with or without savings) any statutory provision passed or made before the appointed day, for applying any such provision (with or without modification) and for making savings or additional savings from the effect of any amendment or repeal made by this Act.
(3) Without prejudice to the generality of subsection (1) or any provision of subsection (2), regulations under subsection (1) may provide—
(a) for any relevant provision to apply (with or without modification) to, or to any description of—
(i) schools maintained by a local authority within the meaning of the Education Act 1996, or
(ii) grant-maintained or grant-maintained special schools within the meaning of that Act;
(b) for any provision so applied, or any provision of the regulations, to have effect in relation to schools despite anything in their articles or instruments of government;
(c) for any reference in this Act to the appointed day to have effect instead as a reference to such day as is specified in the regulations;
and accordingly references to the appointed day in subsection (2) include, in relation to any purposes for which any provision made by virtue of paragraph (c) above has effect, references to any such other day as is mentioned in that paragraph.
(4) In paragraph (a) of subsection (3) “relevant provision” means—
(a) (in relation to sub-paragraph (i) or (ii) of that paragraph) any provision of the Education Acts which is expressed to apply to, or to any description of, schools maintained by a local authority within the meaning of this Act, or
(b) (in relation only to sub-paragraph (ii) of that paragraph) any provision of the Education Acts which is expressed to apply to, or to any description of, schools maintained by a local authority within the meaning of the Education Act 1996;
and in that paragraph and this subsection “school” includes a proposed school.
(5) The amendments that may be made under subsection (2)(g) shall be in addition (and without prejudice) to those made by any other provision of this Act.
(6) Nothing in this Act shall be read as prejudicing the generality of subsection (1).
(7) The transitional provisions and savings in Schedule 32 shall have effect.
(1) This Act may be cited as the School Standards and Framework Act 1998.
(2) This Act shall be included in the list of Education Acts set out in section 578 of the Education Act 1996.
(3) Subject to subsections (4) and (5), this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different provisions and for different purposes.
(4) The following provisions come into force on the day on which this Act is passed—
sections 1 to 4;
sections 20 and 21;
section 36(3);
section 82;
sections 84 and 85;
section 130;
sections 138, 139, 141 to 144 and this section;
Schedule 2;
Parts I and III of Schedule 11;
paragraph 224 of Schedule 30 (and section 140(1) so far as relating thereto); and
Schedule 32.
(5) The following provisions come into force on the day on which this Act is passed, but for the purposes only of the preparation of instruments of government and the constitution of governing bodies and the exercise (in relation to those or any other matters) of any power to make regulations—
sections 36(1) and (2) and 37(1) and (2); and
Schedules 9, 10 and 12.
(6) Subject to subsections (7) and (8), this Act extends to England and Wales only.
(7) Section 130(2) extends to Scotland only; and this section extends also to Scotland.
(8) The amendment or (subject to subsection (9)) repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland, and section 140 extends accordingly.
(9) The entry in Schedule 31 relating to the Education (Scotland) Act 1980 extends to Scotland only.
SCHEDULE 1 Provisions relating to an Education Action Forum
Section 11.
Powers
1 (1) An Education Action Forum may, subject to sub-paragraph (2), do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of its functions.
(2) A Forum shall not have power to borrow money.
Chairman
2 The members of an Education Action Forum shall elect one of their number to be chairman of the Forum, who shall hold office for such period as is specified in the order by which the Forum is established under section 10(1).
Committees
3 An Education Action Forum may—
(a) establish a committee for any purpose; and
(b) authorise any such committee to exercise such of its functions as it may determine.
Proceedings
4 The Secretary of State may by regulations make provision as to the meetings and proceedings of an Education Action Forum.
5 The validity of the proceedings of an Education Action Forum shall not be affected by a vacancy among the members or any defect in the appointment of a member.
6 Subject to the preceding provisions of this Schedule, an Education Action Forum may regulate its own procedure and that of any of its committees.
Accounts
7 (1) It shall be the duty of an Education Action Forum—
(a) to keep proper accounts and proper records in relation to the accounts,
(b) to prepare in respect of each financial year of the Forum a statement of accounts, and
(c) to send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.
(2) The statement of accounts shall comply with any directions given by the Secretary of State as to—
(a) the information to be contained in it,
(b) the manner in which the information contained in it is to be presented, or
(c) the methods and principles according to which the statement is to be prepared.
(3) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.
(4) In this paragraph “financial year” means the period beginning with the date on which the Forum is established and ending with the 31st March following that date, and each successive period of twelve months.
Application of seal and proof of instruments
8 The application of the seal of an Education Action Forum shall be authenticated by the signature—
(a) of the chairman or of some other person authorised either generally or specially by the Forum to act for that purpose, and
(b) of one other member.
9 Every document purporting to be an instrument made or issued by or on behalf of an Education Action Forum and to be duly executed under the seal of the Forum, or to be signed or executed by a person authorised by the Forum to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
Charitable status
10 An Education Action Forum shall be a charity and is an institution which is to be treated for the purposes of section 31(3) of the Charities Act 2011 (institutions required to be excepted from registration under that Act) as if that provision applied to it.
SCHEDULE 2 Allocation of existing schools to new categories
Section 20.
Allocation of local authority-maintained schools
1 A school which immediately before the appointed day is (within the meaning of the Education Act 1996)—
(a) a county school,
(b) a controlled, aided or special agreement school, or
(c) a maintained special school,
shall become on that day a school of the category to which it is allocated by the following table.
Existing school | Allocated new category
A county school. | Community school.
A controlled school. | Voluntary controlled school.
(1) An aided school. (2) A special agreement school. | Voluntary aided school.
A maintained special school. | Community special school.
Allocation of grant-maintained and grant-maintained special schools
2 A school which immediately before the appointed day is (within the meaning of the Education Act 1996)—
(a) a grant-maintained school, or
(b) a grant-maintained special school,
shall become on that day a school of the category to which it is to be allocated in accordance with the following paragraphs of this Schedule.
Indicative allocation of schools within paragraph 2
3 For the purposes of this Schedule the indicative allocation of a school within paragraph 2 is shown in the following table.
Existing school | Indicative new category
(1) A grant-maintained school formerly a county or controlled school. (2) A grant-maintained school established by the Funding Agency for Schools. | Foundation school.
(1) A grant-maintained school formerly an aided or special agreement school. (2) A grant-maintained school established by promoters (within the meaning of Part III of the Education Act 1996). | Voluntary aided school.
A grant-maintained special school. | Foundation special school.
Any reference in the first column to a school of a particular description is a reference to a school of that description within the meaning of the Education Act 1996.
Preliminary decision by governing body as to new category
4 (1) The governing body of a school within paragraph 2 shall in the first instance take a decision (their “preliminary decision”) on the question whether—
(a) to accept the school’s allocation to a particular category in accordance with its indicative allocation, or
(b) to opt for it to be allocated to a different category.
(2) Regulations may make provision as to the procedure to be followed in connection with the taking by governing bodies of their preliminary decisions under sub-paragraph (1).
(3) Regulations under sub-paragraph (2) may, in particular, make provision—
(a) as to the consultation to be carried out by governing bodies before taking their preliminary decisions;
(b) as to the time by which governing bodies are to take such decisions;
(c) as to the notification of such decisions to prescribed persons;
(d) as to the provision of prescribed information to prescribed persons;
(e) authorising governing bodies to charge a fee (not exceeding the cost of supply) for prescribed documents supplied by them in pursuance of regulations made by virtue of paragraph (d);
(f) requiring the holding of ballots of registered parents in prescribed cases;
(g) enabling the Secretary of State, in any prescribed circumstances, to declare a previous ballot void and require the holding of a fresh ballot;
(h) as to the conduct of ballots held under the regulations;
(i) specifying criteria for determining, for the purposes of the regulations and this Schedule, the result of any such ballot.
Final decision by governing body as to new category
5 (1) Where—
(a) the governing body of a school within paragraph 2 have taken their preliminary decision under sub-paragraph (1) of paragraph 4, and
(b) the result of a ballot held by virtue of that paragraph does not accord with that decision,
the governing body shall reconsider the question set out in that sub-paragraph, having regard to the result of the ballot, and shall then take a further decision on that question.
(2) Where—
(a) the governing body of a school within paragraph 2 have taken their preliminary decision under sub-paragraph (1) of paragraph 4, and
(b) either—
(i) a ballot was held by virtue of that paragraph whose result (if any) was not to disagree with that decision, or
(ii) no such ballot was required to be held,
the governing body shall take a further decision confirming their preliminary decision.
(3) Regulations may make provision as to the procedure to be followed in connection with the taking by governing bodies of their final decisions (including, in particular, provision as to the time by which governing bodies are to take such decisions).
(4) In this Schedule any reference to a governing body’s “final decision” is a reference to any such further decision as is required by sub-paragraph (1) or (2).
Notification of final decision
6 (1) Once the governing body of a school within paragraph 2 have taken their final decision, they shall give written notification of that decision to the Secretary of State.
(2) Regulations may make provision—
(a) requiring governing bodies—
(i) when giving such notifications, to certify such matters as may be specified in the regulations, and
(ii) to provide such information to such persons as may be so specified;
(b) as to the time by which such notifications are to be given or such information is to be provided.
Final determination of new category
7 (1) If—
(a) the final decision of the governing body of a school within paragraph 2 accorded with the school’s indicative allocation, and
(b) either—
(i) a ballot was held by virtue of paragraph 4 whose result (if any) was not to disagree with that allocation, or
(ii) no such ballot was required to be held,
the school shall be allocated to the category provided for by its indicative allocation.
(2) If in the case of a school within paragraph 2—
(a) the final decision of the governing body, or
(b) the result of a ballot held by virtue of paragraph 4,
did not accord with the school’s indicative allocation, the school shall be allocated to such category (whether or not that provided for by its indicative allocation) as the Secretary of State may determine in conformity with regulations under paragraph 8.
(3) The Secretary of State shall notify the governing body of each school within paragraph 2 of the category to which it is allocated in accordance with this paragraph.
Restrictions on decisions as to categories
8 Regulations may make provision for prohibiting a school of any description specified in the regulations—
(a) from being allocated under paragraph 7 to a category so specified; or
(b) from being so allocated unless such conditions are satisfied as are so specified.
Transitional arrangements: schools within paragraph 2
9 (1) Where the category to which a school within paragraph 2 is to be allocated has not been finally determined, in accordance with the preceding paragraphs of this Schedule, by the appointed day, the school shall be taken to be allocated on that day to the category provided for by its indicative allocation.
(2) Sub-paragraph (1) does not prevent such a school from being subsequently allocated to a different category in accordance with paragraph 7.
(3) Where such a school is subsequently so allocated, section 20(2)(a) shall apply to it as if it had been allocated to the category in question on the appointed day.
Transitional arrangements: general
10 (1) Regulations may make such provision as the Secretary of State considers appropriate in connection with the allocation to the new categories of maintained schools of schools—
(a) to which paragraph 9(1) applies; or
(b) whose school opening date falls on or after the date of the passing of this Act; or
(c) in relation to which a duty to implement proposals to discontinue the school has arisen, or a notice to discontinue the school has been given; or
(d) in relation to which a notice has been given under section 272 of the Education Act 1996 (school unsuitable to continue as grant-maintained school) which contains such a statement as is mentioned in subsection (3) or (5)(b) of that section.
(2) Regulations under sub-paragraph (1) may provide that any provision of the Education Acts shall apply to any such school with such modifications as are specified in the regulations.
Effect of allocation
11 The allocation of a school to a particular category under this Schedule shall not be taken as authorising or requiring any change as from the appointed day in the character of the school conducted by its governing body (including, in particular, any religious character of the school).
SCHEDULE 3 Funding of foundation, voluntary and foundation special schools
Section 22.
Part I Foundation, voluntary controlled and foundation special schools
Obligations of governing bodies
1 (1) The governing body of a foundation, voluntary controlled or foundation special school are (in accordance with section 22(4)) not responsible for any of the expenses of maintaining the school.
(2) Sub-paragraph (1) does not apply to the repayment of the principal of, or interest on, a loan made to the governing body.
Obligations of local authorities as regards provision of sites and buildings (otherwise than in connection with statutory proposals)
2 (1) In the case of a foundation, voluntary controlled or foundation special school, the local authority shall provide—
(a) any new site which is to be provided in addition to, or instead of, the school’s existing site (or part of its existing site), and
(b) any buildings which are to form part of the school premises.
(2) Sub-paragraph (1) does not—
(a) apply in relation to the provision of any site or buildings which—
(i) in the case of a school in England, the authority or the person by whom any proposals were made are required to provide by virtue of Part 3 of Schedule 2 to the Education and Inspections Act 2006 (provision of premises in connection with proposals for establishment of school) or by virtue of regulations under section 24 of that Act (implementation of proposals for alteration of school), or
(ii) in the case of a school in Wales, the authority or the person by whom proposals were made is required to provide by virtue of Part 2 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013 (provision of premises and other assistance); or
(b) require the local authority to finance the acquisition by the governing body of any site or buildings provided otherwise than by the authority.
(3) Where a site is provided for a school under this paragraph, the local authority shall transfer their interest in the site, and in any buildings on the site which are to form part of the school premises—
(a) to the trustees of the school, to be held by them on trust for the purposes of the school, or
(b) if the school has no trustees, to the school’s foundation body or (in the absence of such a body) to the governing body, to be held by that body for the relevant purposes.
(4) If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it shall be made to such persons as the Secretary of State thinks proper.
(5) The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.
(6) Where—
(a) a transfer is made under this paragraph, and
(b) the transfer is made to persons who possess, or are or may become entitled to, any sum representing proceeds of the sale of other premises which have been used for the purposes of the school,
those persons shall notify the local authority that paragraph (b) applies to them and they or their successors shall pay to the local authority so much of that sum as, having regard to the value of the interest transferred, may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the Secretary of State.
(7) In sub-paragraph (6)(b) the reference to proceeds of the sale of other premises includes a reference to—
(a) consideration for the creation or disposition of any kind of interest in other premises, including rent; and
(b) interest which has accrued in respect of any such consideration;
and for the purposes of any agreed determination under sub-paragraph (6) regard shall be had to any guidance given from time to time by the Secretary of State.
(8) Any sum paid under sub-paragraph (6) shall be treated for the purposes of section 14 of the Schools Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school.
(9) A determination may be made under sub-paragraph (6) in respect of any property subject to a trust which has arisen under section 1 of the Reverter of Sites Act 1987 (right of reverter replaced by trust for sale) if (and only if)—
(a) the determination is made by the Secretary of State, and
(b) he is satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.
(10) Sub-paragraph (6) shall apply for the purpose of compensating the authority notified under that sub-paragraph only in relation to such part of the sum mentioned in sub-paragraph (6)(b) (if any) as remains after the application of paragraphs A1 to A16 or 1 to 3 of Schedule 22 to that sum.
(11) In this paragraph—
“the relevant purposes” means—
in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts, and
in relation to a transfer to a school’s governing body, the purposes of the school;
“site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.
Part II Voluntary aided schools
Interpretation of Part
2A In this Part of this Schedule “promoters”, in relation to a school in England, means persons who are for the purposes of Schedule 2 to the Education and Inspections Act 2006 the proposers in relation to proposals for the establishment of the school.
Obligations of governing bodies
3 (1) In the case of a voluntary aided school, the governing body of the school are responsible for meeting all capital expenditure in relation to the school premises subject to sub-paragraph (2) below.
(2) The duty in sub-paragraph (1) does not extend—
(a) to capital expenditure in relation to playing fields or any building or other structure erected thereon in connection with the use of playing fields, but does extend to capital expenditure in relation to boundary walls and fences;
(b) to capital expenditure necessary in consequence of the use of the school premises, in pursuance of a direction or requirement of the local authority, for purposes other than those of the school;
(c) to capital expenditure on the provision of any new site which the local authority is to provide by virtue of paragraph 4 of this Schedule.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Obligations of local authorities as regards provision of sites (otherwise than in connection with statutory proposals)
4 (1) In the case of a voluntary aided school, the local authority shall provide any new site which is to be provided in addition to, or instead of, the school’s existing site (or part of its existing site).
(2) Sub-paragraph (1) does not—
(a) apply in relation to the provision of any site which persons other than the authority are required to provide by virtue of any enactment; or
(b) require the local authority to finance the acquisition by the governing body of any site or buildings provided otherwise than by the authority.
(3) Where a site is provided for a school under this paragraph, the local authority shall transfer their interest in the site, and in any buildings on the site which are to form part of the school premises—
(a) to the trustees of the school, to be held by them on trust for the purposes of the school, or
(b) if the school has no trustees, to the school’s foundation body to be held by that body for the relevant purposes.
(4) If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it shall be made to such persons as the Secretary of State thinks proper.
(5) The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.
(6) Where—
(a) a site is provided for a school under this paragraph, and
(b) work is required to be done to the site for the purpose of clearing it or making it suitable for building purposes,
the local authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as will secure that the cost of the work is borne by the authority.
(7) Where—
(a) a site is provided for a school under this paragraph, and
(b) there are buildings on the site which are of value for the purposes of the school,
the local authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as appear to be desirable having regard to the governing body’s duties under paragraph 3 with respect to the school premises.
(8) Where it appears to the Secretary of State that provision for any payment or other adjustment ought to have been made under sub-paragraph (6) or (7) but has not been made, he may give directions providing for the making of such payment or other adjustment as he thinks proper.
(9) In this paragraph—
“the relevant purposes” means, in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts;
“site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.
Grants by Secretary of State in respect of expenditure on premises or equipment
5 (1) The Secretary of State may make grants—
(a) to the governing body of a voluntary aided school in respect of capital expenditure incurred or to be incurred by them; or
(b) to a relevant body in the case of such a school, in respect of capital expenditure incurred or to be incurred by that body on behalf of the governing body.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The amount of any grant paid under this paragraph in respect of any such expenditure—
(a) shall not exceed 90 per cent of the expenditure or, if the Secretary of State considers that the circumstances are exceptional, shall not exceed 100 per cent of the expenditure, and
(b) in the case of any prescribed class or description of such expenditure, shall be such as may be determined in accordance with regulations.
(4) The times at which, and the manner in which, payments are made in respect of a grant under this paragraph shall be such as may be determined from time to time by the Secretary of State.
(5) Without prejudice to any other duty of his, the Secretary of State shall, in performing functions relating to the exercise of the power under this paragraph to make grants in respect of expenditure on school premises, give priority to paying grants in respect of expenditure which is necessary to make such alterations as may be required by the local authority for the purpose of securing that the school premises conform to the standards prescribed under section 542 of the Education Act 1996 or as may be required for the purpose of securing that the school premises conform to standards specified by or under any other enactment relating to health and safety; and the amount of any grant paid in the exercise of that power in respect of such expenditure on school premises shall be at least 90 per cent of the expenditure.
(6) Any body to whom any payment is made in respect of a grant under this paragraph shall comply with such requirements determined by the Secretary of State as he may from time to time impose.
(7) Such requirements—
(a) may be imposed on, or at any time after, the making of any payment by reference to which they are imposed, and
(b) may at any time be waived, removed or varied by the Secretary of State;
but such requirements may be imposed after the making of any such payment only if the Secretary of State is satisfied that in all the circumstances it is reasonable for them to be so imposed.
(8) Such requirements may, in particular, if any conditions specified in the requirements are satisfied—
(a) require the application for purposes connected with the provision of education in appropriate schools of—
(i) any premises or equipment in respect of which the grant has been paid under this paragraph, or
(ii) an amount equal to so much of the value of any such premises or equipment as is determined in accordance with the requirements to be properly attributable to the payment of the grant; and
(b) in the event that that requirement is not complied with, require the payment to the Secretary of State of the whole or any part of the following amount.
(9) That amount is—
(a) the amount of the payments made in respect of the grant under this paragraph, or
(b) the amount mentioned in sub-paragraph (8)(a)(ii),
whichever the Secretary of State determines to be just.
(10) When deciding whether to make any grant to a body under this paragraph in circumstances where he considers that it would be appropriate to impose requirements falling within sub-paragraph (8), the Secretary of State may have regard to whether, if such requirements were imposed, that body would have an enforceable right against some other person to be given by that person such financial assistance as would be necessary to enable them to pay to the Secretary of State the amount mentioned in sub-paragraph (9).
(11) No grant may be paid under this paragraph in respect of any expenses incurred in the provision of any premises which it is the duty of the local authority to provide.
(12) In this paragraph—
“appropriate schools”—
in relation to a voluntary aided school having a religious character, means schools which are either foundation or voluntary schools and whose specified religion or religious denomination under section 69(4) is the same as that school’s, and
in relation to any other voluntary aided school, means maintained schools;
“relevant body”, in relation to a voluntary aided school, means the appropriate diocesan authority or the school’s trustees;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Grants by Secretary of State in respect of preliminary expenditure
6 (1) The Secretary of State may pay grants—
(a) to the governing body of a voluntary aided school in respect of preliminary expenditure incurred or to be incurred by them for the purposes of any scheme for the transfer of the school to a new site or the enlargement or alteration of the school premises, or
(b) to a relevant body in the case of such a school, in respect of any preliminary expenditure incurred or to be incurred by them, on behalf of the governing body, for the purposes of any such scheme.
(2) Where any persons propose or are considering whether to propose the establishment of a voluntary aided school, the Secretary of State may pay grants to them in respect of any preliminary expenditure incurred or to be incurred by them for the purposes of a scheme for the provision of a site for the school or of any buildings which would be used for the purposes of the school.
(3) Grants under sub-paragraph (1) or (2) may be paid in respect of a scheme such as is mentioned in that sub-paragraph whether or not—
(a) the details of such a scheme had been formulated at the time when the expenditure was incurred,
(b) where such details were not formulated at that time, they are subsequently formulated,
(c) the governing body or persons in question had determined to proceed with such a scheme at that time, or
(d) where they had not determined to proceed with such a scheme at that time, they subsequently determine to proceed with such a scheme.
(4) Expenditure in respect of which such grants are payable includes, in particular, costs incurred in connection with—
(a) the preparation of plans and specifications for any proposed construction, enlargement or alteration of buildings which are or would be used for the purposes of the school, and
(b) estimating the sums which would be expended if any such works were carried out,
but does not include any sums expended in carrying out any such works.
(5) A grant under sub-paragraph (1) or (2) shall not exceed 90 per cent of the expenditure or, if the Secretary of State considers that the circumstances are exceptional, shall not exceed 100 per cent of the expenditure, in respect of which it is paid.
(6) Where—
(a) a grant is paid under sub-paragraph (1) in the case of any voluntary aided school, or
(b) a grant is paid under sub-paragraph (2) in the case of any school which is established as a voluntary aided school,
the grant shall for the purposes of section 30(2) be treated as expenditure incurred by the Secretary of State (otherwise than in connection with repairs) in respect of the school premises.
(7) In this paragraph “relevant body”, in relation to a voluntary aided school, means the appropriate diocesan authority or the school’s trustees.
Loans by Secretary of State in respect of initial expensesexpenditure
7 (1) Where, on the application of the governing body of a voluntary aided school and after consulting persons representing the governing body, the Secretary of State—
(a) is satisfied that the governing body’s share of any initial expenditure required in connection with the school premises will involve capital expenditure, and
(b) having regard to all the circumstances of the case, considers that that capital expenditure ought properly to be met by borrowing,
he may make a loan to the governing body for the purpose of helping them meet that expenditure.
(2) The amount, rate of interest and other terms and conditions applicable to the loan shall be such as may be specified in an agreement made between the Secretary of State and the governing body with the consent of the Treasury.
(3) For the purposes of this paragraph “initial expenditure” is expenditure to be incurred in providing—
(a) a site or . . . buildings for a voluntary aided school in connection with—
(i) the implementation of any proposals for a prescribed alteration to the school published under section 28, or
(ii) the transfer of the school to a new site, or
(b) a site or . . . buildings for a new voluntary aided school,
being expenditure in respect of which grants may be paid under paragraph 5.
(4) For the purposes of this paragraph the governing body’s share of any initial expenditure shall be taken to be so much of the expenditure as remains to be borne by the governing body after taking into account the amount of any grant under paragraph 5 that may be paid or payable in respect of them.
(5) The preceding provisions of this paragraph shall apply for the purpose of enabling loans to be made to a relevant body (within the meaning of paragraph 5) in respect of expenditure incurred by that body on behalf of the governing body as it applies to expenditure incurred by the governing body; and in those provisions, as they apply in relation to a new voluntary aided school, references to the governing body are to the promoters.
(6) Paragraph 3(3) of Schedule 10 (consent to borrowing) does not apply to any borrowing by a governing body under this paragraph.
Assistance by local authorities in respect of maintenance and other obligations of governing bodies
8 A local authority may give to the governing body of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by the governing body of any obligation under paragraph 3.
Duty to transfer interest in premises provided under paragraph 8
9 (1) Where assistance under paragraph 8 consists of the provision of any premises for use for the purposes of a school, the local authority shall transfer their interest in the premises—
(a) to the trustees of the school, to be held by them on trust for the purposes of the school, or
(b) if the school has no trustees, to the school’s foundation body, to be held by that body for the relevant purposes.
(2) If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it shall be made to such persons as the Secretary of State thinks proper.
(3) The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.
(4) In this paragraph “the relevant purposes” means, in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts.
Meaning of “capital expenditure”
9A (1) This paragraph applies for the purposes of this Schedule as it applies in relation to England.
(2) Subject to sub-paragraphs (3) and (4), references in this Schedule to capital expenditure, in relation to an appropriate body or the promoters, in the case of a voluntary aided school, are references to—
(a) expenditure of the body or, as the case may be, the promoters which falls to be capitalised in accordance with proper accounting practices, or
(b) expenditure which would fall to be so capitalised were it to be incurred by the body or, as the case may be, the promoters.
(3) The Secretary of State may by regulations prescribe classes or descriptions of expenditure which are to be treated for the purposes of this Schedule as being, or as not being, capital expenditure in relation to—
(a) any appropriate body, or any prescribed class or description of appropriate body;
(b) any promoters, or any prescribed class or description of promoters.
(4) The Secretary of State may by direction provide that, in the case of a particular voluntary aided school—
(a) expenditure of a particular appropriate body which is expenditure of a particular class or description;
(b) expenditure of particular promoters which is expenditure of a particular class or description,
is to be treated for the purposes of this Schedule as being, or as not being, capital expenditure in relation to that body, or as the case may be, those promoters.
(5) Directions under sub-paragraph (4) may be expressed to have effect in specified circumstances or subject to specified conditions.
(6) In this paragraph an “appropriate body”, in the case of a voluntary aided school, means—
(a) the governing body of the school, or
(b) a relevant body in relation to the school (within the meaning of paragraph 5).
9B (1) For the purposes of paragraph 9A, “proper accounting practices”, in relation to an appropriate body or the promoters, in the case of a voluntary aided school, means those accounting practices—
(a) which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the appropriate body, or as the case may be, the promoters, or
(b) which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the local authority.
(2) In the event of conflict between the accounting practices falling within paragraph (a) of sub-paragraph (1) and those falling within paragraph (b) of that sub-paragraph, only those falling within paragraph (a) are to be regarded as proper accounting practices.
(3) In this paragraph an “appropriate body”, in the case of a voluntary aided school, has the same meaning as in paragraph 9A.
Part III Foundation, voluntary and foundation special schools: common provisions
Default powers of Secretary of State
10 (1) Where it appears to the Secretary of State that a local authority have defaulted in the discharge of their duties relating to the maintenance of a foundation, voluntary or foundation special school, he may—
(a) direct that any act done by or on behalf of the school’s governing body for the purpose of securing the proper maintenance of the school shall be taken to have been done by or on behalf of the authority, and
(b) reimburse to the governing body any sums which in his opinion they have properly expended for that purpose.
(2) The amount of any sum reimbursed under sub-paragraph (1) shall be recoverable by the Secretary of State as a debt due to him from the authority; and without prejudice to any other method of recovery the whole or any part of any such sum may be deducted from any sums payable to the authority by the Secretary of State in pursuance of any regulations relating to the payment of grants.
Endowments
11 Where any sums accruing in respect of the income of an endowment are required by virtue of the provisions of a trust deed to be applied towards the maintenance of a foundation, voluntary or foundation special school, those sums shall not be payable to the local authority but shall be applied by the governing body of the school—
(a) (in the case of a voluntary aided school) towards the discharge of their obligations under paragraph 3, or
(b) (in the case of any school) in such manner, if any, as may be determined by a scheme for the administration of the endowment made after 1st April 1945.
Disapplication of restriction on local authority disposals
12 Subsection (2) of section 123 of the Local Government Act 1972 (local authority prohibited from making disposal of land under that section below market value without consent of the Secretary of State) shall not apply in the case of a disposal—
(a) to the governing body of a foundation, voluntary or foundation special school, or
(b) to persons proposing to establish such a school.
Section 25.
Interpretation
1 In this Schedule “adjudicator” means a person appointed under section 25.
Tenure of office
2 (1) Subject to sub-paragraphs (2) and (3), an adjudicator shall hold and vacate office in accordance with the terms of his appointment.
(2) An adjudicator—
(a) may at any time resign his office by notice in writing to the Secretary of State; and
(b) is eligible for re-appointment if he ceases to hold office.
(3) An adjudicator may be removed from office by the Secretary of State on the ground of incapacity or misbehaviour.
Remuneration and pensions
3 (1) The Secretary of State may pay to an adjudicator such remuneration and allowances as the Secretary of State may determine.
(2) If the Secretary of State so determines in the case of any adjudicator, the Secretary of State may pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.
Staff and accommodation etc.
4 The Secretary of State may—
(a) provide an adjudicator with such administrative staff as the adjudicator may require; and
(b) provide, or defray the expenses of providing, an adjudicator with such accommodation and other facilities as the adjudicator may require.
Procedure
5 (1) Regulations may make provision as to the procedure to be followed in connection with the reference, under this Part or Part III of this Act or under Part 2 of the Education and Inspections Act 2006, of matters to adjudicators and their determination of matters so referred.
(2) The regulations may, in particular, make provision—
(a) as to the manner in which matters may be referred to adjudicators;
(b) for determining the adjudicators to which individual referrals are to be made;
(c) authorising adjudicators to hold local inquiries;
(d) as to the procedure to be followed where local inquiries are held by adjudicators (whether by virtue of paragraph (c) or otherwise);
(e) authorising adjudicators to appoint assessors to sit with them at such inquiries to advise them on matters arising;
(f) requiring anything falling to be done under the regulations to be done within such period as may be specified in or determined in accordance with the regulations.
(3) Subject to any provision made by the regulations, an adjudicator may regulate his own procedure.
(4) The Secretary of State may make orders—
(a) as to the costs of the parties at any local inquiry held by an adjudicator (whether by virtue of sub-paragraph (2)(c) or otherwise), and
(b) as to the parties by whom the costs are to be paid;
and any costs payable under any such order shall be subject to taxation in such manner as the Secretary of State may direct.
6 When taking any decision an adjudicator shall have regard (so far as relevant) to the obligations which, by virtue of—
(a) section 149 of the Equality Act 2010,
(b) Parts 3 and 6 of the Equality Act 2010,
are owed by any local authority or governing body which will be affected by the decision.
Indemnity
7 The Secretary of State shall indemnify an adjudicator against any reasonable legal costs and expenses reasonably incurred by him in connection with any decision or action taken by him in good faith in pursuance of his functions as an adjudicator.
Parliamentary disqualification
8 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), at the appropriate place there shall be inserted—
Adjudicator appointed under section 25 of the School Standards and Framework Act 1998.
Parliamentary Commissioner
9 For the purposes of section 5 of the Parliamentary Commissioner Act 1967 (matters subject to investigation) administrative functions exercisable by any person provided by the Secretary of State under paragraph 4 above shall be taken to be administrative functions of the Department for Education.
Supervision of Council on Tribunals
10 (1) In section 7 of the Tribunals and Inquiries Act 1992 (which restricts Ministers’ powers to remove members of tribunals listed in Schedule 1 to that Act) in subsection (2) (tribunals to which that section does not apply) after “14,” there shall be inserted “ 15(f), ”.
(2) In Schedule 1 to that Act (tribunals under the supervision of the Council on Tribunals) at the end of paragraph 15 (tribunals concerned with education) there shall be inserted—
(f) an adjudicator appointed under section 25 of the School Standards and Framework Act 1998.
SCHEDULE 13 Control of school premises by governing bodies
Section 40.
Community and community special schools: general
1 (1) This paragraph applies to a community or community special school.
(2) The occupation and use of the premises of the school, both during and outside school hours, shall be under the control of the governing body, subject to—
(a) any directions given by the local education authority under sub-paragraph (3);
(b) any transfer of control agreement entered into by the governing body under paragraph 2; and
(c) any requirements of an enactment other than this Act or regulations made under it.
(3) The local education authority may give such directions as to the occupation and use of the premises of a community or community special school as they think fit.
(4) In exercising control of the occupation and use of the premises of the school outside school hours the governing body shall have regard to the desirability of those premises being made available for community use.
Transfer of control agreement in case of community or community special school
2 (1) Subject to sub-paragraph (2), the governing body of a community or community special school may enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the school premises.
(2) The governing body shall not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the school premises during school hours unless they have first obtained the local education authority’s consent to the agreement in so far as it makes such provision.
(3) A transfer of control agreement shall be taken to include the following terms, namely—
(a) that the governing body shall notify the controlling body of any directions given to the governing body under paragraph 1(3);
(b) that the controlling body, in exercising control of the use of any premises subject to the agreement—
(i) shall do so in accordance with any directions from time to time notified to that body in pursuance of paragraph (a); and
(ii) shall have regard to the desirability of the premises being made available for community use; and
(c) that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then—
(i) the use of the specified premises at those times shall be under the control of the governing body, and
(ii) accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,
even though their use at those times would, apart from this paragraph, be under the control of the controlling body.
(4) Sub-paragraph (5) applies where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement.
(5) In such a case paragraph (c) of sub-paragraph (3) shall not have effect in relation to the transfer of control agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.
(6) Where the governing body enter into a transfer of control agreement, they shall so far as reasonably practicable secure that the controlling body exercises control in accordance with any such directions as are notified to that body in pursuance of sub-paragraph (3)(a).
(7) In this paragraph—
“the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;
“transfer of control agreement” means an agreement which (subject to sub-paragraph (3)) provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.
Foundation and foundation special schools: general
3 (1) This paragraph applies to a foundation or foundation special school.
(2) The occupation and use of the premises of the school, both during and outside school hours, shall be under the control of the governing body, subject to—
(a) any transfer of control agreement entered into by the governing body under paragraph 4; and
(b) any requirements of an enactment other than this Act or regulations made under it.
(3) In exercising control of the occupation and use of the premises of the school outside school hours the governing body shall have regard to the desirability of those premises being made available for community use.
(4) Where the school has a trust deed which provides for any person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control agreement made under paragraph 4) the use of those premises is or would be under the control of such a person—
(a) this paragraph, and
(b) paragraph 4,
shall have effect in relation to the school with the substitution of references to that person for references to the governing body.
Transfer of control agreement in case of foundation or foundation special school
4 (1) Subject to sub-paragraph (2), the governing body of any foundation or foundation special school shall have power to enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the school premises; and—
(a) they may do so even though the school has a trust deed that would, apart from this sub-paragraph, expressly or impliedly preclude them from entering into such an agreement with that body or person or from conferring control on the controlling body in question; but
(b) they shall not enter into a transfer of control agreement unless the use to which the premises may be put under the agreement is in all other respects in conformity with any such requirements, prohibitions or restrictions imposed by any such trust deed as would apply if control were being exercised by the governing body.
(2) The governing body shall not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the school premises during school hours unless they have first obtained the Secretary of State’s consent to the agreement in so far as it makes such provision.
(3) A transfer of control agreement shall be taken to include the following terms, namely—
(a) that the controlling body, in exercising control of the use of any premises subject to the agreement, shall have regard to the desirability of the premises being made available for community use; and
(b) that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then—
(i) the use of the specified premises at those times shall be under the control of the governing body, and
(ii) accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,
even though their use at those times would, apart from this paragraph, be under the control of the controlling body.
(4) Sub-paragraph (5) applies where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement.
(5) In such a case paragraph (b) of sub-paragraph (3) shall not have effect in relation to the transfer of control agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.
(6) In this paragraph—
“the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;
“transfer of control agreement” means an agreement which (subject to sub-paragraph (3)) provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.
Voluntary schools: general
5 (1) This paragraph applies to a voluntary school.
(2) The occupation and use of the premises of the school, both during and outside school hours, shall be under the control of the governing body, subject to—
(a) any directions given by the local education authority—
(i) (in the case of a voluntary controlled school) under sub-paragraph (3), or
(ii) (in the case of a voluntary aided school) under paragraph 7(3);
(b) any transfer of control agreement entered into by the governing body under paragraph 6; and
(c) any requirements of an enactment other than this Act or regulations made under it.
(3) The local education authority may give such directions as to the occupation and use of the premises of a voluntary controlled school as they think fit (subject to paragraph 7(1) and (2)).
(4) Where the trust deed for a voluntary school provides for any person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control agreement made under paragraph 6) the use of those premises is or would be under the control of such a person—
(a) this paragraph, and
(b) paragraphs 6 and 7,
shall have effect in relation to the school with the substitution of references to that person for references to the governing body.
Transfer of control agreement in case of voluntary school
6 (1) Subject to sub-paragraph (2), the governing body of any voluntary school shall have power to enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the school premises; and—
(a) they may do so even though the trust deed for the school would, apart from this sub-paragraph, expressly or impliedly preclude them from entering into such an agreement with that body or person or from conferring control on the controlling body in question; but
(b) they shall not enter into a transfer of control agreement unless the use to which the premises may be put under the agreement is in all other respects in conformity with any such requirements, prohibitions or restrictions imposed by the trust deed as would apply if control were being exercised by the governing body.
(2) The governing body shall not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the school premises during school hours unless they have first obtained the local education authority’s consent to the agreement in so far as it makes such provision.
(3) A transfer of control agreement shall be taken to include the following terms, namely—
(a) that the governing body shall notify the controlling body of—
(i) any directions given to the governing body under paragraph 5(3) (in the case of a voluntary controlled school) or paragraph 7(3) (in the case of a voluntary aided school); and
(ii) any determination made by the foundation governors under paragraph 7(2) (in the case of a voluntary controlled school);
(b) that the controlling body, in exercising control of the use of any premises subject to the agreement—
(i) shall do so in accordance with any directions or determinations from time to time notified to that body in pursuance of paragraph (a); and
(ii) shall have regard to the desirability of the premises being made available for community use; and
(c) that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then—
(i) the use of the specified premises at those times shall be under the control of the governing body, and
(ii) accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,
even though their use at those times would, apart from this paragraph, be under the control of the controlling body.
(4) Sub-paragraph (5) applies where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement.
(5) In such a case paragraph (c) of sub-paragraph (3) shall not have effect in relation to the transfer of control agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.
(6) Where the governing body enter into a transfer of control agreement, they shall so far as reasonably practicable secure that the controlling body exercises control in accordance with any such directions or determinations as are notified to that body in pursuance of sub-paragraph (3)(a).
(7) In this paragraph—
“the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;
“transfer of control agreement” means an agreement which (subject to sub-paragraph (3)) provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.
Control of use of premises of voluntary school outside school hours
7 (1) The governing body may determine the use to which the premises of a voluntary controlled school (or any part of them) are put on Saturdays when not required—
(a) for the purposes of the school, or
(b) for any purpose connected with education or with the welfare of the young for which the local education authority desire to provide accommodation on the premises (or on the part in question).
(2) The foundation governors may determine the use to which the premises of a voluntary controlled school (or any part of them) are put on Sundays.
(3) If the local education authority—
(a) desire to provide accommodation for any purpose connected with education or with the welfare of the young, and
(b) are satisfied that there is no suitable alternative accommodation in their area for that purpose,
they may direct the governing body of a voluntary aided school to provide accommodation free of charge for that purpose on the school premises (or any part of them) on any weekday when not needed for the purposes of the school.
(4) The local education authority shall not exercise their power under sub-paragraph (3) so as to direct the governing body to provide accommodation on more than three days in any week.
(5) In exercising control of the occupation and use of the premises of a voluntary school outside school hours the governing body shall have regard to the desirability of those premises being made available for community use.
Saving
8 The power of the governing body of a maintained school to control the occupation and use of the premises of the school shall be subject to any arrangements made under or by virtue of—
(a) an agreement made under paragraph 1 or 2 of Schedule 10 to the Education Reform Act 1988 or a determination made in accordance with paragraph 62 or 63 of Schedule 8 to the Further and Higher Education Act 1992; or
(b) an agreement made under paragraph 1 or 2 of Schedule 5 to the Further and Higher Education Act 1992 or a determination made in accordance with paragraph 3 or 4 of that Schedule.
Interpretation
9 In this Schedule—
“community use” means the use of school premises (when not required by or in connection with the school) by members of the local community;
“school hours” means any time during a school session or during a break between sessions on the same day;
“school session”, in relation to any school, means a school session beginning and ending at such times as may from time to time be determined for that school in accordance with section 41.
Section 48.
Publication of schemes
1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) A scheme maintained by a local authority under section 48(1) shall be published in such manner as may be prescribed—
(a) on its coming into force as revised under this Schedule, and
(b) on such other occasions as may be prescribed.
Revision of schemes
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2A (1) A local authority may, in accordance with this paragraph, revise the whole or part of the scheme maintained by them under section 48(1).
(2) In revising the scheme, the local authority shall take into account any guidance given by the Secretary of State, whether—
(a) generally, or
(b) in relation to that authority or any class or description of local authorities to which that authority belongs,
as to the provisions the Secretary of State regards as appropriate for inclusion in the scheme.
(3) As regards any proposed variation of the scheme, the authority—
(a) shall first consult the governing body and head teacher of every school maintained by the authority (within the meaning of this Chapter), and
(b) shall then submit a copy of their proposals to the authority's schools forum for their approval.
(4) The Secretary of State may by a direction revise the whole or any part of a scheme maintained by a local authority in England as from such date as may be specified in the direction.
(5) Before giving such a direction the Secretary of State must consult the local authority and such other persons as the Secretary of State thinks fit.
2B (1) Regulations may make provision preventing schemes as revised from coming into force unless they are approved in accordance with the regulations by the local authority's schools forum or by the Secretary of State.
(2) The regulations may in particular—
(a) prescribe circumstances in which proposals which have been submitted to a local authority's schools forum may be submitted to the Secretary of State,
(b) enable the schools forum or the Secretary of State to approve proposals with modifications, and
(c) enable the schools forum or the Secretary of State, in giving their or his approval, to specify the date on which the scheme as revised is to come into force.
Section 51.
Suspension of financial delegation for mismanagement, etc.
1 (1) This paragraph applies where it appears to the local authority that the governing body of a school which has a delegated budget—
(a) have been guilty of a substantial or persistent failure to comply with any delegation requirement or restriction, ...
(b) are not managing in a satisfactory manner the expenditure or appropriation of the sum referred to in section 50(1) or
(c) are not managing in a satisfactory manner any expenditure, or sums received, in the exercise of the power conferred by section 27 of the Education Act 2002 (power to provide community facilities etc.).
(2) The authority may suspend the governing body’s right to a delegated budget by giving the governing body not less than one month’s notice of the suspension, unless by reason of any gross incompetence or mismanagement on the part of the governing body or other emergency it appears to the authority to be necessary—
(a) to give the governing body a shorter period of notice, or
(b) to give the governing body a notice suspending their right to such a budget with immediate effect.
(3) The notice must specify the grounds for the suspension, giving particulars—
(a) of any alleged failure on the part of the governing body to comply with any delegation requirement or restriction;
(b) of any alleged mismanagement on their part; and
(c) if applicable, of the basis upon which a period of notice of less than one month was given under sub-paragraph (2).
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) A copy of the notice must be given to the head teacher of the school at the same time as the notice is given to the governing body.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In this paragraph “delegation requirement or restriction” means any requirement or restriction applicable, under or by virtue of the scheme or section 50(3), to the management by the governing body of the school’s budget share.
(8) Any notice given under this paragraph must be in writing.
Review of suspension
2 (1) The local authority concerned—
(a) shall review before the beginning of every funding period any suspension under paragraph 1 which is for the time being in force, unless the suspension took effect less than two months before the beginning of that period; and
(b) may review at any time any suspension under paragraph 1 which is for the time being in force, if they consider it appropriate to do so.
(2) For the purposes of any review under sub-paragraph (1), the authority shall give the governing body and the head teacher of the school an opportunity of making representations with respect to the suspension.
(3) If on the review the authority consider it appropriate to do so, they shall revoke the suspension—
(a) (in the case of a review under sub-paragraph (1)(a)) with effect from the beginning of the funding period next following the review; or
(b) (in the case of a review under sub-paragraph (1)(b)) with effect from such time before the beginning of the funding period next following the review as they may determine.
(4) The authority shall give the governing body and the head teacher notice in writing of their decision on the review.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeal against suspension or refusal to revoke it
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Effect of suspension of right to delegated budget
4 (1) During any period when a governing body’s right to a delegated budget is suspended under paragraph 1—
(a) the local authority’s duty under section 50(1) shall not apply in relation to the school; but
(b) the authority may permit the governing body to take such decisions as to the spending of sums to be met from the school’s budget share as the authority consider appropriate.
(2) Where in accordance with sub-paragraph (1)(b) the governing body have decided that a particular sum should be spent, they shall, in spending that sum, comply with such reasonable conditions as the authority think fit to impose.
(3) The governing body may, to such extent as they may specify, delegate their powers in relation to that sum to the head teacher.
SCHEDULE 19 Required provision for religious education
Section 69.
Introductory
1 (1) In this Schedule “the required provision for religious education”, in relation to a school, means the provision for pupils at the school which is required by section 80(1)(a) ... of the Education Act 2002 to be included in the school’s basic curriculum.
(2) In this Schedule “agreed syllabus” has the meaning given by section 375(2) of the Education Act 1996.
Community schools and foundation and voluntary schools without a religious character
2 (1) This paragraph applies to—
(a) any community school in England ; and
(b) any foundation or voluntary school in England which does not have a religious character.
(2) Subject to sub-paragraph (4), the required provision for religious education in the case of pupils at the school is provision for religious education in accordance with an agreed syllabus adopted for the school or for those pupils.
(3) If the school is a secondary school so situated that arrangements cannot conveniently be made for the withdrawal of pupils from it in accordance with section 71 to receive religious education elsewhere and the local authority are satisfied—
(a) that the parents of any pupils at the school desire them to receive religious education in the school in accordance with the tenets of a particular religion or religious denomination, and
(b) that satisfactory arrangements have been made for the provision of such education to those pupils in the school, and for securing that the cost of providing such education to those pupils in the school will not fall to be met from the school’s budget share or otherwise by the authority,
the authority shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) provide facilities for the carrying out of those arrangements.
(4) If immediately before the appointed day the school was a grant-maintained school (within the meaning of the Education Act 1996), and in relation to the school or any pupils at the school the appropriate agreed syllabus as defined by section 382 of that Act was a syllabus falling within subsection (1)(c) of that section, then until—
(a) the end of such period as the Secretary of State may by order prescribe, or
(b) such earlier date as the governing body may determine,
the required provision for religious education in the case of the school or (as the case may be) those pupils is provision for religious education in accordance with that syllabus.
(5) No agreed syllabus shall provide for religious education to be given to pupils at a school to which this paragraph applies by means of any catechism or formulary which is distinctive of a particular religious denomination (but this is not to be taken as prohibiting provision in such a syllabus for the study of such catechisms or formularies).
Foundation and voluntary controlled schools with a religious character
3 (1) This paragraph applies to any foundation or voluntary controlled school in England which has a religious character.
(2) Subject to sub-paragraph (4), the required provision for religious education in the case of pupils at the school is provision for religious education—
(a) in accordance with any arrangements made under sub-paragraph (3), or
(b) subject to any such arrangements, in accordance with an agreed syllabus adopted for the school or for those pupils.
(3) Where the parents of any pupils at the school request that they may receive religious education—
(a) in accordance with any provisions of the trust deed relating to the school, or
(b) where provision for that purpose is not made by such a deed, in accordance with the tenets of the religion or religious denomination specified in relation to the school under section 69(4),
the foundation governors shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for securing that such religious education is given to those pupils in the school during not more than two periods in each week.
(4) If immediately before the appointed day the school was a grant-maintained school (within the meaning of the Education Act 1996), and in relation to the school or any pupils at the school the appropriate agreed syllabus as defined by section 382 of that Act was a syllabus falling within subsection (1)(c) of that section, then until—
(a) the end of such period as the Secretary of State may by order prescribe, or
(b) such earlier date as the governing body may determine,
that syllabus shall be treated for the purposes of sub-paragraph (2)(b) as an agreed syllabus adopted for the school or (as the case may be) those pupils.
Voluntary aided schools with a religious character
4 (1) This paragraph applies to any voluntary aided school in England which has a religious character.
(2) The required provision for religious education in the case of pupils at the school is provision for religious education—
(a) in accordance with any provisions of the trust deed relating to the school, or
(b) where provision for that purpose is not made by such a deed, in accordance with the tenets of the religion or religious denomination specified in relation to the school under section 69(4), or
(c) in accordance with any arrangements made under sub-paragraph (3).
(3) Where the parents of any pupils at the school—
(a) desire them to receive religious education in accordance with any agreed syllabus adopted by the local authority, and
(b) cannot with reasonable convenience cause those pupils to attend a school at which that syllabus is in use,
the governing body shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for religious education in accordance with that syllabus to be given to those pupils in the school.
(4) Religious education under any such arrangements shall be given during the times set apart for the giving of religious education in the school in accordance with the provision for that purpose included in the school’s basic curriculum by virtue of section 80(1)(a) or 101(1)(a) of the Education Act 2002.
(5) Any arrangements under sub-paragraph (3) shall be made by the governing body, unless the local authority are satisfied that the governing body are unwilling to make them, in which case they shall be made by the authority.
(6) Subject to sub-paragraph (3), the religious education given to pupils at the school shall be under the control of the governing body.
Section 70.
Introductory
1 In this Schedule “the required collective worship”, in relation to a school, means the collective worship in that school which is required by section 70.
General provisions as to collective worship
2 (1) This paragraph applies to any community, foundation or voluntary school.
(2) The arrangements for the required collective worship may, in respect of each school day, provide for a single act of worship for all pupils or for separate acts of worship for pupils in different age groups or in different school groups.
(3) For the purposes of sub-paragraph (2) a “school group” is any group in which pupils are taught or take part in other school activities.
(4) Subject to sub-paragraph (6), the arrangements for the required collective worship shall be made—
(a) if the school is a community school or a foundation school which does not have a religious character, by the head teacher after consulting the governing body;
(b) if the school is a foundation school which has a religious character or a voluntary school, by the governing body after consulting the head teacher.
(5) Subject to sub-paragraph (6), the required collective worship shall take place on the school premises.
(6) If the governing body of a community, foundation or voluntary school are of the opinion that it is desirable that any act of collective worship in the school required by section 70 should, on a special occasion, take place elsewhere than on the school premises, they may, after consultation with the head teacher, make such arrangements for that purpose as they think appropriate.
(7) The powers of a governing body under sub-paragraph (6) shall not be exercised so as to derogate from the rule that the required collective worship must normally take place on the school premises.
Nature of collective worship in community schools and foundation schools without a religious character
3 (1) This paragraph applies to—
(a) any community school; and
(b) any foundation school which does not have a religious character.
(2) Subject to paragraph 4, the required collective worship shall be wholly or mainly of a broadly Christian character.
(3) For the purposes of sub-paragraph (2), collective worship is of a broadly Christian character if it reflects the broad traditions of Christian belief without being distinctive of any particular Christian denomination.
(4) Not every act of collective worship in the school required by section 70 need comply with sub-paragraph (2) provided that, taking any school term as a whole, most such acts which take place in the school do comply with that sub-paragraph.
(5) Subject to sub-paragraphs (2) and (4)—
(a) the extent to which (if at all) any acts of collective worship required by section 70 which do not comply with sub-paragraph (2) take place in the school,
(b) the extent to which any act of collective worship in the school which complies with sub-paragraph (2) reflects the broad traditions of Christian belief, and
(c) the ways in which those traditions are reflected in any such act of collective worship,
shall be such as may be appropriate having regard to any relevant considerations relating to the pupils concerned which fall to be taken into account in accordance with sub-paragraph (6).
(6) Those considerations are—
(a) any circumstances relating to the family backgrounds of the pupils which are relevant for determining the character of the collective worship which is appropriate in their case, and
(b) their ages and aptitudes.
(7) In this paragraph references to acts of collective worship in the school include such acts which by virtue of paragraph 2(6) take place otherwise than on the school premises.
Disapplication of requirement under paragraph 3(2)
4 (1) This paragraph applies where a standing advisory council constituted under section 390 of the Education Act 1996 have determined (under section 394 of the Education Act 1996) that it is not appropriate for the requirement imposed by paragraph 3(2) to apply in the case of any school to which paragraph 3 applies or in the case of any class or description of pupils at any such school.
(2) While the determination has effect—
(a) paragraph 3 shall not apply in relation to the school or (as the case may be) the pupils in question, and
(b) the collective worship required by section 70 in the case of the school or pupils shall not be distinctive of any particular Christian or other religious denomination;
but paragraph (b) shall not be taken as preventing that worship from being distinctive of any particular faith.
Nature of collective worship in foundation schools with a religious character and voluntary schools
5 In the case of a foundation school which has a religious character or a voluntary school, the required collective worship shall be—
(a) in accordance with any provisions of the trust deed relating to the school, or
(b) where—
(i) provision for that purpose is not made by such a deed, and
(ii) the school has a religious character,
in accordance with the tenets and practices of the religion or religious denomination specified in relation to the school under section 68A or 69(4).
Section 74.
Part I General provisions
Introductory
1 In this Schedule any reference to a grant-maintained or grant-maintained special school is a reference to such a school within the meaning of the Education Act 1996.
Effect of transfers under this Schedule
2 (1) Where any land is transferred to and vests in any body in accordance with this Schedule, any rights or liabilities—
(a) enjoyed or incurred by the transferor in connection with the land, and
(b) subsisting immediately before the appointed day,
shall also be transferred to, and by virtue of this Act vest in, that body.
(2) Any reference in this Schedule, in relation to a school, to land being transferred to, and vesting in, a foundation body is a reference to its being transferred to, and vesting in, that body for the purposes of the schools comprising the group for which that body acts.
(3) This Schedule is subject to section 198 of the Education Reform Act 1988 (which with Schedule 10 to that Act makes further provision in relation to transfers of property, rights and liabilities), and references in that Schedule as applied by virtue of this sub-paragraph to the transfer date are to the appointed day.
Part II Rules relating to transfers
Application of Part II
3 (1) This Part of this Schedule applies to schools which, in accordance with Schedule 2, become community, foundation, voluntary or community special schools on the appointed day.
(2) This Part has effect subject to Part III of this Schedule.
Transfers for purposes of community schools
4 (1) This paragraph applies where a grant-maintained school (an “existing school”) becomes a community school.
(2) In such a case—
(a) any publicly funded land shall on the appointed day be transferred to, and by virtue of this Act vest in, the local authority;
(b) any other land which, immediately before that day, is held by the governing body for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement; and
(c) any land which, immediately before that day, is held by any trustees for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement.
(3) In this paragraph “publicly funded land” means land which—
(a) immediately before the appointed day is held by the governing body for the purposes of the existing school, and
(b) was acquired from a local authority under a transfer under section 201(1)(a) of the Education Act 1996 or from the Funding Agency for Schools or was acquired wholly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of that Act).
(4) In this paragraph “transfer agreement” means an agreement—
(a) made for the purposes of sub-paragraph (2) between the local authority and the governing body or (as the case may be) trustees mentioned in that sub-paragraph, and
(b) providing for the land in question to be transferred to, and vest in, the authority on the appointed day, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.
Transfers for purposes of foundation schools
5 (1) This paragraph applies where—
(a) a grant-maintained school (an “existing school”) becomes a foundation school; and
(b) as from the appointed day the school (as a foundation school) is a member of the group for which a foundation body acts.
(2) In such a case, any land which, immediately before the appointed day, was held by the governing body for the purposes of the existing school shall on that day be transferred to, and by virtue of this Act vest in, the foundation body.
Transfers for purposes of voluntary schools
6 (1) This paragraph applies where—
(a) a grant-maintained school (an “existing school”) becomes a voluntary school; and
(b) as from the appointed day the school (as a voluntary school) is a member of the group for which a foundation body acts.
(2) In such a case, any land which, immediately before the appointed day, was held by the governing body for the purposes of the existing school shall on that day be transferred to, and by virtue of this Act vest in, the foundation body.
Transfers for purposes of community special schools
7 (1) This paragraph applies where a grant-maintained special school (an “existing school”) becomes a community special school.
(2) In such a case—
(a) any publicly funded land shall on the appointed day be transferred to, and by virtue of this Act vest in, the local authority;
(b) any other land which, immediately before that day, is held by the governing body for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement; and
(c) any land which, immediately before that day, is held by any trustees for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement.
(3) In this paragraph “publicly funded land” means land which—
(a) immediately before the appointed day is held by the governing body for the purposes of the existing school, and
(b) was acquired from a local authority under a transfer under section 201(1)(a) of the Education Act 1996 or from the Funding Agency for Schools or was acquired wholly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of that Act).
(4) In this paragraph “transfer agreement” means an agreement—
(a) made for the purposes of sub-paragraph (2) between the local authority and the governing body or (as the case may be) the trustees mentioned in that sub-paragraph, and
(b) providing for the land in question to be transferred to, and vest in, the authority on the appointed day, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.
Outstanding transfers to existing school
8 Where immediately before the appointed day—
(a) any land vested in a local authority is by virtue of any statutory provision required to be transferred to the governing body or any trustees of an existing school within the meaning of any of paragraphs 4 to 7, but
(b) the land has not yet been so transferred,
that paragraph shall apply to the school as if it had been so transferred by that time.
Transfer of rights to use land
9 (1) Where paragraph 4, 5, 6 or 7 applies to an existing school and any land held by a person or body other than the governing body of the school was, immediately before the appointed day, used for the purposes of the school, any rights or liabilities—
(a) enjoyed or incurred by the governing body in connection with the use of the land, and
(b) subsisting immediately before the appointed day,
shall on that day be transferred to, and by virtue of this Act vest in, the local authority (in a case to which paragraph 4 or 7 applies) or the foundation body (in a case to which paragraph 5 or 6 applies).
(2) Where paragraph 4 or 7 applies to an existing school and any land held by a person or body other than any trustees who hold any land for the purposes of the school was, immediately before the appointed day, used for the purposes of the school, any rights or liabilities—
(a) enjoyed or incurred by any such trustees in connection with the use of the land, and
(b) subsisting immediately before the appointed day,
shall on that day be transferred to, and vest in, the local authority in accordance with a transfer agreement.
(3) Nothing in this paragraph applies in relation to land to which paragraph 4, 5, 6 or 7 applies.
(4) In this paragraph—
“existing school” has the meaning given by paragraph 4, 5, 6 or 7, as the case may be;
“transfer agreement” means an agreement—
made for the purposes of sub-paragraph (2) between the local authority and the trustees mentioned in that sub-paragraph, and
providing for the rights or liabilities in question to be transferred to, and vest in, the authority on the appointed day, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.
Part III Property excluded from transfers
10 (1) Nothing in Part II of this Schedule has the effect of transferring to, or vesting in, any body—
(a) any land, rights or liabilities excluded under sub-paragraph (2) or (3),
(b) any rights or liabilities under a contract of employment,
(c) any liability of a governing body in respect of the principal of, or any interest on, any loan,
(d) any liability in tort, or
(e) any rights or liabilities which are determined in accordance with regulations to be rights or liabilities falling within this paragraph.
(2) If before the appointed day—
(a) the prospective transferee and transferor have agreed in writing that any land should be excluded from the operation of Part II of this Schedule, and
(b) the Secretary of State has given his written approval of the agreement,
the land (and any rights or liabilities relating to it) shall be so excluded.
(3) If in default of agreement under sub-paragraph (2)—
(a) the prospective transferee or transferor have applied to the Secretary of State to exclude any land from the operation of Part II of this Schedule, and
(b) the Secretary of State has by order directed its exclusion,
the land (and any rights or liabilities relating to it) shall be so excluded.
(4) An agreement under sub-paragraph (2) may provide for the land to be used or held for the purposes of the school (as a school of a new category) on such terms as may be specified in or determined in accordance with the agreement; and directions under sub-paragraph (3)—
(a) may confer any rights or impose any liabilities that could have been conferred or imposed by such an agreement, and
(b) shall have effect as if contained in such an agreement.
(5) In this paragraph—
“new category” means one of the categories set out in section 20(1);
“the prospective transferee”, in relation to any land, means the body to whom, apart from sub-paragraph (2) or (3), the land would fall to be transferred under Part II of this Schedule; and
“the prospective transferor” shall be construed accordingly.
SCHEDULE 22 Disposals of land in case of certain schools and disposals on discontinuance
Section 76.
Part A1 Foundation, voluntary and foundation special schools in England: disposals of land
Disposal of land by governing body of foundation, voluntary or foundation special school
A1 (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),
paragraph 15(3)(d) or 16(6)(d) of Schedule 1 to the Academies Act 2010,
(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 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.
A1A (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 A2 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 Secretary of State notice of their intention to dispose of the land.
(5) On receipt of the notice, the Secretary of State must—
(a) decide whether to make a direction under paragraph 12 of Schedule 1 to the Academies Act 2010 (transfer to Academy) in respect of the land, and
(b) notify the governing body of that decision.
(6) The governing body may not dispose of the land until they have been notified of the Secretary of State's decision.
(7) If the Secretary of State decides to make a direction in respect of the land, the governing body may not dispose of the land except in accordance with the direction.
A2 (1) This paragraph applies where a governing body receives a notification under paragraph A1A(5)(b) that the Secretary of State has decided not to make a direction in respect of the land.
(4) The governing body must give the local 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).
A3 (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.
A4 (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)).
A5 (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 notice of their intention to do so to the authority mentioned in sub-paragraph (1)(a).
(4) In this paragraph “local authority” includes a non-metropolitan district council for an area for which there is a county council.
A6 (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.
Disposal of land by foundation body
A7 (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,
paragraph 15(3)(d) or 16(6)(d) of Schedule 1 to the Academies Act 2010,
(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 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 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.
A7A (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 A8 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 Secretary of State notice of its intention to dispose of the land.
(5) On receipt of the notice, the Secretary of State must—
(a) decide whether to make a direction under paragraph 12 of Schedule 1 to the Academies Act 2010 (transfer to Academy) in respect of the land, and
(b) notify the foundation body of that decision.
(6) The foundation body may not dispose of the land until it has been notified of the Secretary of State's decision.
(7) If the Secretary of State decides to make a direction in respect of the land, the foundation body may not dispose of the land except in accordance with the direction.
A8 (1) This paragraph applies where a foundation body receives a notification under paragraph A7A(5)(b) that the Secretary of State has decided not to make a direction in respect of the land.
(4) The foundation body must give the local 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).
A9 (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.
A10 (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)).
A11 (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 notice of their intention to do so to the authority mentioned in sub-paragraph (1)(a).
(4) In this paragraph “local authority” includes a non-metropolitan district council for an area for which there is a county council.
A12 (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.
Disposal of land by trustees of foundation, voluntary or foundation special school
A13 (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,
paragraph 15(3)(d) or 16(6)(d) of Schedule 1 to the Academies Act 2010,
(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 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).
(2) This sub-paragraph applies to any disposal by the trustees of a foundation or foundation special school in England of—
(a) any 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,
(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, or enhanced in value, wholly or partly with the proceeds of disposal of land acquired as mentioned in sub-paragraph (i) or (ii), or
(b) any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired as mentioned in sub-paragraph (1)(b).
(3) This sub-paragraph applies to any disposal by the trustees of a voluntary school in England of—
(a) any land acquired by the trustees from the governing body of the school which was land acquired by the governing body—
(i) under a transfer under section 201(1)(a) of the Education Act 1996, or
(ii) wholly or partly with the proceeds of disposal of any land so acquired,
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, any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred under section 63 or 64 of the Education Act 1996.
(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) Sub-paragraph (1)(e) does not apply in the case of any expenditure 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 incurred.
(6) 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.
(7) Where the trustees of a foundation, voluntary or foundation special school wish, in the case of any land held by them for the purposes of the school, to use the land for purposes not connected with the provision of education in maintained schools or Academies the preceding provisions of this paragraph and paragraphs A13A to A16 apply (subject to the modifications specified in paragraphs A14(18), A15(5) and A16(9)) as if any such change of use of the land were a disposal of the land.
A13A (1) This paragraph applies to a disposal of land to which sub-paragraph (1), (2) or (3) of paragraph A13 applies.
(2) But this paragraph only applies to a disposal if, or to the extent that, it comprises a disposal of non-playing field land which does not fall within sub-paragraph (5).
(3) “Non-playing field land” means land which does not include playing fields within the meaning of section 77.
(4) Accordingly, in this paragraph, paragraphs A14 to A17 and paragraph A19—
(a) references to the disposal are to the disposal by the trustees of the non-playing field land, and
(b) references to the land are to that non-playing field land.
(5) A disposal of non-playing field land falls within this sub-paragraph if it is a disposal of—
(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 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) The trustees must give the Secretary of State notice of their intention to dispose of the land.
(7) On receipt of the notice, the Secretary of State must—
(a) decide whether to make a direction under paragraph 12 of Schedule 1 to the Academies Act 2010 (transfer to Academy) in respect of the land, and
(b) notify the trustees of that decision.
(8) The trustees may not dispose of the land until they have been notified of the Secretary of State's decision.
(9) If the Secretary of State decides to make a direction in respect of the land, the trustees may not dispose of the land except in accordance with the direction.
A14 (1) This paragraph applies where trustees receive a notification under paragraph A13A(7)(b) that the Secretary of State has decided not to make a direction in respect of the land.
(6) The trustees must give the local authority notice of their intention to dispose of the land.
(7) 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.
(8) For the purposes of this paragraph and paragraphs A15 and A16, 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), (2) or (3) of paragraph A13.
(9) The authority may, within the requisite period, give the trustees 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.
(10) The “requisite period” means the period of 6 weeks beginning with the date upon which the trustees gave notification of the disposal to the authority under sub-paragraph (6).
(11) A notice given under sub-paragraph (9) may be withdrawn at any time by the authority giving the trustees notice to that effect.
(12) The trustees may not make the disposal within the requisite period unless within that period—
(a) the authority give the trustees notice that they relinquish any right to give notice under sub-paragraph (9)(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 (9)(a), the relevant requirements in relation to such a notice are met.
(13) If the authority give notice of their objection to the disposal in accordance with sub-paragraph (9)(a), the trustees 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.
(14) The “relevant requirements” in relation to a notice given under sub-paragraph (9)(a) are met if—
(a) the adjudicator has approved the disposal on a reference made under paragraph A15(1), or
(b) the authority have withdrawn notice of their objection to the disposal in accordance with sub-paragraph (11).
(15) If the authority give either or both of the following notices in relation to the disposal in accordance with sub-paragraph (9)—
(a) notice of their objection to the proposed use of the publicly funded proceeds of disposal under sub-paragraph (9)(b);
(b) notice of their claim to the whole or a part of the publicly funded proceeds of disposal under sub-paragraph (9)(c),
the trustees may not use the publicly funded proceeds of disposal until the relevant requirements in relation to each notice so given are met.
(16) The “relevant requirements” in relation to a notice given under sub-paragraph (9)(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 A15(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 (11).
(17) The “relevant requirements” in relation to a notice given under sub-paragraph (9)(c) are met if—
(a) the “appropriate amount” has been determined in accordance with paragraph A15(3), or
(b) the authority have withdrawn notice of their claim in accordance with sub-paragraph (11).
(18) In its application in the case of a disposal of land to which sub-paragraph (1), (2) or (3) of paragraph A13 applies by virtue of sub-paragraph (7) of that paragraph, this paragraph is modified as follows—
(a) in sub-paragraph (7) for paragraphs (a) and (b) substitute “the purposes for which it is proposed the land is to be used”,
(b) in sub-paragraph (9)—
(i) omit paragraphs (a) and (c), and
(ii) in paragraph (b), for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”,
(c) in sub-paragraph (15)—
(i) for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”, and
(ii) for “use the publicly funded proceeds of disposal” substitute “use the land for purposes not connected with the provision of education in maintained schools”, and
(d) in sub-paragraph (16)—
(i) for “relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has” substitute “purposes for which the land is to be used have”, and
(ii) for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”.
A15 (1) Where the authority give the trustees notice of their objection to the disposal in accordance with paragraph A14(9)(a), the trustees 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 trustees notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with paragraph A14(9)(b), the relevant capital expenditure upon which those proceeds are to be used is to be determined—
(a) by agreement between the trustees and the authority, or
(b) by the adjudicator where—
(i) the trustees 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 trustees and the authority.
(3) Where the authority give the trustees notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A14(9)(c), the amount of those proceeds which it is appropriate for the trustees or their successors to pay to the authority (the “appropriate amount”) is to be determined—
(a) by agreement between the trustees and the authority, or
(b) by the adjudicator where—
(i) the trustees 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 trustees and the authority.
(4) Before making a reference to the adjudicator under sub-paragraph (1), (2)(b) or (3)(b), the trustees 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.
(6) In the application of this paragraph in the case of a disposal of land to which sub-paragraph (1), (2) or (3) of paragraph A13 applies by virtue of sub-paragraph (7) of that paragraph, sub-paragraph (2) is modified as follows—
(a) for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”, and
(b) for “relevant capital expenditure upon which those proceeds are to be used is” substitute “purposes for which the land is to be used are”.
A16 (1) This paragraph applies where the disposal is made.
(2) The trustees 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 A14(9)(c), and
(b) the “appropriate amount” has been determined in accordance with paragraph A15(3) to be an amount greater than zero,
the trustees or their successors must pay the “appropriate amount” to the authority.
(4) The trustees and their successors 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 trustees and their successors 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 A14(9)(b), or
(ii) such a notice was so given and was then withdrawn in accordance with paragraph A14(11),
the relevant capital expenditure specified in the notification of the disposal given to the authority under paragraph A14(6), 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 A15(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 A15(3).
(8) Sub-paragraphs (3), (4) and (5) are subject to paragraph A14(15) (restriction on use of publicly funded proceeds of disposal where notices given under paragraph A14(9)(b) or (c)).
(9) In its application in the case of a disposal of land to which sub-paragraph (1), (2) or (3) of paragraph A13 applies by virtue of sub-paragraph (7) of that paragraph, this paragraph is modified as follows—
(a) in sub-paragraph (2) omit the words from “and of the amount” to the end,
(b) in sub-paragraph (4) for “remaining publicly funded proceeds of disposal are used on the agreed relevant capital expenditure” substitute “land is used for the agreed purposes”,
(c) omit sub-paragraph (5), and
(d) in sub-paragraph (6)—
(i) for “agreed relevant capital expenditure” substitute “agreed purposes”,
(ii) for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”,
(iii) for “relevant capital expenditure” substitute “proposed purposes”, and
(iv) for “relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used” substitute “purposes for which the land is to be used”.
A17 (1) This paragraph applies where—
(a) the authority gave notice of their objection to the disposal in accordance with paragraph A14(9)(a), and
(b) the adjudicator has determined that he does not approve the disposal.
(2) The trustees 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 trustees must give notice of their intention to do so to the authority mentioned in sub-paragraph (1)(a).
(4) In this paragraph “local authority” includes a non-metropolitan district council for an area for which there is a country council.
A18 (1) For the purposes of paragraphs A14 to A16, “relevant capital expenditure”, in relation to a disposal of land by the trustees 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.
Duty to have regard to guidance etc
A19 (A1) In determining whether, and how, to give notice to the Secretary of State under paragraph A1A, A7A or A13A, a governing body, a foundation body or trustees must have regard to any guidance given from time to time by the Secretary of State.
(1) A local authority, a governing body, a foundation body and trustees must have regard, in particular, to any guidance given from time to time by the Secretary of State—
(a) in determining whether to give a notice, or make a reference or application to the adjudicator, under any of paragraphs A2 to A17, or
(b) in determining the publicly funded proceeds of disposal or the “appropriate amount” for the purposes of any of those paragraphs.
(2) In determining any matter for the purposes of any of the provisions mentioned in sub-paragraph (1), the adjudicator must have regard, in particular, to any guidance given from time to time by the Secretary of State.
(3) In addition to having regard to guidance as required under sub-paragraph (1)(b) or (2), a local authority, a governing body, a foundation body, trustees and the adjudicator, must also have regard, in particular, to the factors mentioned in sub-paragraph (4) in determining any of the following for the purposes of any of paragraphs A2 to A17—
(a) the publicly funded proceeds of disposal;
(b) the “appropriate amount”;
(c) the amount of the consideration (if any) to be paid under paragraph A5, A11 or A17.
(4) The factors referred to in sub-paragraph (3) are—
(a) in the case of any disposal, the value of the land as at the date of the determination,
(b) in the case of any disposal, any enhancement in value of the land attributable to expenditure on the land by the local authority or a relevant person,
(c) in the case of any disposal, any expenditure on the land by a relevant person,
(d) in the case of any disposal, any relevant payments made by a relevant person to the local authority or the Secretary of State,
(e) in the case of any disposal, to the extent that they do not fall within paragraph (c) or (d), any payments in respect of the acquisition of the land, and
(f) in the case of a disposal falling within paragraph A1(1)(i), paragraph A7(1)(h) or paragraph A13(1)(h) or (k), (2)(a)(iii) or (b), or (3)(a)(ii), the extent to which the proceeds of disposal mentioned in the provision in question were publicly funded proceeds of disposal as defined for the purposes of paragraph A2, A8 or A14, as the case may be.
(5) A “relevant person” means—
(a) in the case of a disposal to which paragraph A2 or A14 applies, the governing body or the trustees of the school in question, and
(b) in the case of a disposal to which paragraph A8 applies, the foundation body in question.
(6) A “relevant payment” means—
(a) in the case of any disposal, a payment in respect of the current school site or sites to which the land relates,
(b) in the case of any disposal, a payment under any of the following provisions—
paragraph 2(6) of Schedule 3;
paragraph 16(5) of Schedule 6 (including that provision as applied by any enactment);
section 60(4) of the Education Act 1996;
paragraph 28(5) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment), and
(c) in the case of a disposal of land falling within any of the following provisions—
paragraph A1(1)(f) or (g);
paragraph A7(1)(e) or (f);
paragraph A13(1)(g), (i) or (j),
a payment in respect of the grant mentioned in the provision in question.
(7) The reference in sub-paragraph (5)(a) to the governing body or the trustees of the school in question includes—
(a) where the school was established in pursuance of proposals published under section 28(2) or 28A(2), the persons who published the proposals,
(b) where the school was established in pursuance of proposals published under section 70 of the Education Act 2002 or section 66 of the Education Act 2005 which were made by persons other than a local authority, the persons by whom the proposals were made, and
(c) where the school was established in pursuance of proposals published under any of sections 7, 10 and 11 of the Education and Inspections Act 2006, any persons, other than a local authority, by whom the proposals were treated for the purposes of Schedule 2 to that Act as having been made.
(8) The reference in sub-paragraph (5)(b) to the foundation body in question includes—
(a) where the school or any of the schools to which the land in question relates was established in pursuance of proposals published under section 28(2) or 28A(2), the persons who published the proposals,
(b) where the school or any of the schools to which the land in question relates was established in pursuance of proposals published under section 70 of the Education Act 2002 or section 66 of the Education Act 2005 which were made by persons other than a local authority, the persons by whom the proposals were made, and
(c) where the school or any of the schools to which the land in question relates was established in pursuance of proposals published under any of sections 7, 10 and 11 of the Education and Inspections Act 2006, any persons, other than a local authority, by whom the proposals were treated for the purposes of Schedule 2 to that Act as having been made.
Power to vary or revoke determinations or orders
A20 (1) A determination made by the adjudicator on a reference made to him under any of paragraphs A3 to A15 may be varied or revoked by a further determination made by him if—
(a) the matter is referred to him by a relevant person in relation to the determination, and
(b) before making the further determination, the adjudicator consults such persons as he considers appropriate.
(2) A “relevant person” in relation to a determination means—
(a) the local authority, governing body, foundation body or trustees who made the reference to the adjudicator in relation to which the determination was made, or
(b) any other of those persons who could have made that reference.
(3) In determining whether to make a reference to the adjudicator under sub-paragraph (1)(a), a relevant person must have regard, in particular, to any guidance given from time to time by the Secretary of State.
(4) An order made by the adjudicator on an application under paragraph A5, A11 or A17 may be varied or revoked by a further order made by him if—
(a) an application for its variation or revocation is made to him by an appropriate person in relation to the order, and
(b) before making the further order, the adjudicator consults such persons as he considers appropriate.
(5) An “appropriate person” in relation to an order made under paragraph A5, A11 or A17 means—
(a) the governing body, the foundation body or the trustees, as the case may be, who applied for the order,
(b) the local authority, or
(c) if different from that authority, the local authority (within the meaning of paragraph A5, A11 or A17 as the case may be) to whom land is required to be transferred under the order.
(6) In determining whether to make an application to the adjudicator under sub-paragraph (4)(a), an appropriate person must have regard, in particular, to any guidance given from time to time by the Secretary of State.
(7) Paragraph A19 applies in relation to the further determination by the adjudicator, by virtue of sub-paragraph (1) or (4), of any matter for the purposes of any of paragraphs A2 to A17 as it applies in relation to the original determination of the matter.
Meaning of “capital expenditure”
A21 (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.
A22 (1) For the purposes of paragraph A21, “proper accounting practices”, in relation to a governing or foundation body, or to trustees, means those accounting practices—
(a) which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by that body, or as the case may be, those persons, or
(b) which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the relevant local authority.
(2) The “relevant local authority” means the local authority to whom notice of the disposal in question is required to be given under paragraph A2, A8 or A14.
(3) In the event of conflict between the accounting practices falling within paragraph (a) of sub-paragraph (1) and those falling within paragraph (b) of that sub-paragraph, only those falling within paragraph (a) are to be regarded as proper accounting practices.
Land required by local authority for certain purposes
A23 (1) A local authority in England may apply to the adjudicator for a transfer order under this paragraph in relation to publicly funded land which—
(a) is held for the purposes of a foundation, voluntary or foundation special school by the governing body of the school,
(b) is held by a foundation body for the purposes of the group of schools for which it acts, or
(c) is held, or held on trust, for the purposes of a foundation, voluntary or foundation special school by the trustees of the school.
(2) A transfer order is an order requiring the land in relation to which it is made to be transferred by the body or trustees holding it to the authority, subject to the payment by the authority of such sum by way of consideration (if any) as the adjudicator determines to be appropriate.
(3) In determining whether to make an application under sub-paragraph (1) for a transfer order, a local authority must have regard, in particular, to any guidance given from time to time by the Secretary of State.
(4) Before making an application under sub-paragraph (1) for a transfer order in relation to publicly funded land, the authority must give notice of their intention to make the application to—
(a) the body or trustees holding the land, and
(b) the Secretary of State.
(5) An application under sub-paragraph (1) must state the purpose for which the land to which it relates is required by the authority (“the stated purpose”).
(6) In relation to the content of an application under sub-paragraph (1) or a notice under sub-paragraph (4), a local authority must have regard, in particular, to any guidance given from time to time by the Secretary of State.
(6A) On receipt of a notice under sub-paragraph (4)(b), the Secretary of State must—
(a) decide whether to make a direction under paragraph 12 of Schedule 1 to the Academies Act 2010 (transfer to Academy) in respect of the land, and
(b) notify the local authority of that decision.
(6B) If the Secretary of State decides to make a direction under paragraph 12 of Schedule 1 to the Academies Act 2010 in respect of the land, the local authority may not make an application under sub-paragraph (1) for a transfer order in relation to the land.
(7) Where an application is made under sub-paragraph (1) for a transfer order in relation to publicly funded land, the adjudicator may make a transfer order if he is satisfied that—
(a) the land is not required for the purposes of the school or, as the case may be, the schools in the group,
(b) the land is required by the authority for the stated purpose,
(c) the stated purpose is a qualifying purpose, and
(d) it is appropriate for the land to be used for that purpose.
(8) For the purposes of sub-paragraph (7)(c) the stated purpose is a qualifying purpose if it falls within one or more of the following descriptions of purpose—
(a) the land is required for the purposes of any school or institution which is, or is to be, maintained by the authority, or which they have power to assist;
(b) the land is otherwise required for the purposes of the exercise of any of the education functions of the authority;
(c) the land is required for the provision of children’s services by or on behalf of the authority in the exercise of any of their relevant functions.
(9) For the purposes of sub-paragraph (8)(c)—
“children’s services” are services provided for or in relation to any of the following persons (whether or not they are also provided for or in relation to any other persons)—
children;
persons aged 18 or 19;
persons over the age of 19 who are receiving services under sections 23C to 24D of the Children Act 1989;
persons over the age of 19 but under the age of 25 who have a learning difficulty or disability, within the meaning of section 15ZA(6) and (7) of the Education Act 1996, and are receiving services under section 15ZA of the Education Act 1996 or section ... 86 or 87 of the Apprenticeships, Skills, Children and Learning Act 2009;
“relevant functions” means the functions described in any of paragraphs (a), (c), (d) or (e) of subsection (1) of section 135 of the Education and Inspections Act 2006.
(10) Before making a transfer order the adjudicator must consult the body or trustees holding the land in relation to which the application for the transfer order is made.
(11) In determining whether to make a transfer order, the adjudicator must have regard, in particular, to any guidance given from time to time by the Secretary of State.
(12) Where a transfer order is made, the authority must use the land to which it relates for the stated purpose.
(13) A transfer order made by the adjudicator may be varied or revoked by a further order made by the adjudicator if—
(a) an application for its variation or revocation is made to him by a relevant person in relation to the order, and
(b) before making the further order, the adjudicator consults such persons as he considers appropriate.
(14) A “relevant person” in relation to a transfer order means—
(a) the local authority who applied for the transfer order, or
(b) the body or trustees who held the land to which the order relates.
(15) In determining whether to make an application to the adjudicator under sub-paragraph (13)(a), a relevant person must have regard, in particular, to any guidance given from time to time by the Secretary of State.
(16) Sub-paragraph (11) applies in relation to the making of a further order by virtue of sub-paragraph (13) as it applies in relation to the making of the original transfer order.
A24 (1) For the purposes of paragraph A23, land held for the purposes of a foundation, voluntary or foundation special school by the governing body of the school is “publicly funded land” if it is—
(a) land acquired under a transfer under section 201(1)(a) of the Education Act 1996,
(b) 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) 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) land acquired from a foundation body,
(e) land acquired from the Funding Agency for Schools,
(f) 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 Education Act 1996), or
(ii) 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 body of a voluntary aided school,
(g) 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 given in accordance with paragraph A27,
(h) land acquired wholly by means of expenditure incurred for the purposes of the school and treated by the local authority as expenditure of a capital nature, or
(i) land acquired wholly with the proceeds of disposal of any land acquired as mentioned in any of paragraphs (a) to (h).
(2) 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.
(3) 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.
A25 (1) For the purposes of paragraph A23, land held by a foundation body for the purposes of the group of schools for which it acts is “publicly funded land” if it is—
(a) 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) 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) land acquired from the governing body of a maintained school,
(d) land acquired from another foundation body,
(e) land acquired wholly by means of—
(i) 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), or
(ii) 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 body of a voluntary aided school,
(f) 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 given in accordance with paragraph A27,
(g) land acquired wholly 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 authority as expenditure of a capital nature, or
(h) land acquired wholly with the proceeds of disposal of any land acquired as mentioned in any of paragraphs (a) to (g).
(2) 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.
(3) 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.
A26 (1) For the purposes of paragraph A23, land held, or held on trust, for the purposes of a foundation, voluntary or foundation special school by the trustees of the school is “publicly funded land” if it is—
(a) land acquired under section 60, 61 or 70 of the Education Act 1996,
(b) 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) 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) 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) 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 authority as 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 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 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 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 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—
(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,
(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 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 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 acquired,
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.
(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 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 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 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 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 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
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—
(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 A26(1)(h).
(2) The “relevant period” means the period of 6 months beginning with the date upon which the grant is made.
Part I Foundation, voluntary and foundation special schools in Wales: disposals of land
Disposal of land by governing body of foundation, voluntary or foundation special school
1 (1) Subject to sub-paragraph (1A), this paragraph applies to any disposal by the governing body of a foundation or voluntary school in Wales of—
(a) any land acquired under a transfer under section 201(1)(a) of the Education Act 1996, or acquired under paragraph 2 of Schedule 3 or paragraph 16 of Schedule 6 (including that provision as applied by any enactment) or paragraph 5(4)(c) or 5(4B)(d) of this Schedule or under any regulations made under paragraph 5 of Schedule 8;
(aa) any land acquired under paragraph 7 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013 ... or under Part 3 of Schedule 4 to that Act;
(b) any land acquired from a foundation body;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) 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 VI of Part III of the Education Act 1996);
(e) 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 authority as expenditure of a capital nature; or
(f) 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 (e).
(1A) 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.
(2) The governing body shall not make any disposal to which this paragraph applies without the written consent of the Assembly.
(3) Where the governing body apply to the Assembly for its consent to any such disposal and the Assembly decides to give that consent, the Assembly may do one or more of the following, namely—
(a) require the land or any part of the land to be transferred to such local authority as the Assembly may specify, subject to the payment by that authority of such sum by way of consideration (if any) as the Assembly determines to be appropriate; and
(b) give the governing body, when the land or any part of the land is disposed of—
(i) a direction to pay, either to the Assembly or to such local authority as the Assembly may specify, the whole or any part of the proceeds of disposal; and
(ii) a direction as to the use to which the whole or any part of the proceeds of disposal should be put.
(4) More than one direction may be given under sub-paragraph (3)(b)(i) in relation to a disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.
(5) Sub-paragraph (1)(e) shall not apply in the case of any expenditure incurred on or after the appointed day unless the authority—
(a) prepared a statement in writing—
(i) containing 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
(ii) indicating that the expenditure was being treated by them as expenditure of a capital nature; 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.
Disposal of land by foundation body
2 (1) This paragraph applies to any disposal by a foundation body in Wales of—
(a) any land acquired under paragraph 2, 4 or 9 of Schedule 3, paragraph 16 or 20 of Schedule 6 (including that provision as applied by any enactment) or paragraph 5 or 6 of Schedule 21 or under any regulations made under paragraph 5 of Schedule 8 ...;
(aa) any land acquired under paragraph 7 or 11 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013 ... or under Part 3 of Schedule 4 to that Act;
(b) any land acquired from the governing body of a maintained school;
(c) any land acquired from another foundation body;
(d) any land acquired, or enhanced in value, wholly or partly by means of any grant provided by the Assembly on or after the appointed day;
(e) 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 authority as expenditure of a capital nature; or
(f) 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 (e).
(1A) A “foundation body in Wales” 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 authority in Wales.
(2) The foundation body shall not make any such disposal without the written consent of the Assembly.
(3) Where the foundation body apply to the Assembly for its consent to any such disposal and the Assembly decides to give that consent, the Assembly may do either or both of the following, namely—
(a) make any such requirement as is mentioned in paragraph 1(3)(a); and
(b) give any such direction to the foundation body as the Assembly could give to a governing body under paragraph 1(3)(b).
(4) More than one direction may be given under sub-paragraph (3)(b) to make a payment in relation to the proceeds of disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.
(5) Sub-paragraph (1)(e) shall not apply in the case of any expenditure incurred on or after the appointed day unless the authority—
(a) prepared a statement in writing—
(i) containing 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
(ii) indicating that the expenditure was being treated by them as expenditure of a capital nature; 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.
Disposal of land by trustees of foundation school ...
2A (1) This paragraph applies to any disposal by the trustees of a foundation ... school in Wales of—
(a) any land acquired under paragraph 2 of Schedule 3, under paragraph 16 of Schedule 6 (including that provision as applied by any enactment), under paragraph 5(4B)(d) of this Schedule or under any regulations made under paragraph 5 of Schedule 8,
(aa) any land acquired under paragraph 7 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013 ... or under Part 3 of Schedule 4 to that Act;
(b) any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired as mentioned in paragraph (a) or (aa), or
(c) any land falling within sub-paragraph (2) which was acquired by the trustees from the governing body of the school or of another foundation ... school.
(2) Land falls within this sub-paragraph if—
(a) it had been acquired by the governing body—
(i) under a transfer under section 201(1)(a) of the Education Act 1996, or
(ii) under any of the provisions mentioned in sub-paragraph (1)(a) or (aa), or
(b) it had been acquired by the governing body, or enhanced in value, wholly or partly with the proceeds of disposal of land acquired as mentioned in paragraph (a) or (aa).
(3) The trustees shall not make any disposal to which this paragraph applies without the written consent of the Assembly.
(4) Where the trustees apply to the Assembly for its consent to any such disposal and the Assembly decides to give that consent, the Assembly may do one or more of the following, namely—
(a) require the land or any part of the land to be transferred to such local authority as the Assembly may specify, subject to the payment by that authority of such sum by way of consideration (if any) as the Assembly determines to be appropriate; and
(b) give the trustees, when the land or any part of the land is disposed of—
(i) a direction to pay to such local authority as the Assembly may specify the whole or any part of the proceeds of the disposal; and
(ii) a direction as to the use to which the whole or any part of the proceeds of disposal should be put.
(5) More than one direction may be given under sub-paragraph (4)(b)(i) in relation to a disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.
(6) Where the trustees of a foundation ... school in Wales wish, in the case of any land held by them for the purposes of the school, to use the land for purposes not connected with the provision of education in maintained schools—
(a) the preceding provisions of this paragraph shall apply as if any such change of use of the land were a disposal of the land; and
(b) the value of the land as at the date of any direction under sub-paragraph (4)(b)(i) or (ii) shall be treated as proceeds of the disposal of the land.
Disposal of land by trustees of foundation or voluntary school
3 (1) Subject to sub-paragraph (2A), this paragraph applies to any disposal by the trustees of a foundation or voluntary school in Wales of—
(a) any land acquired under section 60, 61 or 70 of the Education Act 1996, under paragraph 2, 4 or 9 of Schedule 3 or paragraph 16 or 20 of Schedule 6 (including that provision as applied by any enactment), under paragraph 5(4B)(d) of this Schedule or under any regulations made under paragraph 5 of Schedule 8 ...;
(aa) any land acquired under paragraph 7 or 11 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013 ... or under Part 3 of Schedule 4 to that Act;
(b) 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 authority as expenditure of a capital nature;
(c) any 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 or partly with the proceeds of disposal of any land so acquired,
and transferred by the governing body to be held on trust by the trustees;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) 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 VI of Part III of the Education Act 1996), or
(ii) any grant paid under section 216(2) of that Act;
(f) any land acquired wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in paragraph ... (e); or
(g) 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).
(2) If a voluntary aided school in Wales was, immediately before the appointed day, a controlled school within the meaning of the Education Act 1996, this paragraph also applies to any disposal by the trustees of the school of any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred under section 63 or 64 of that Act.
(2A) Nothing in sub-paragraph (1) applies in relation to any disposal to the extent that it is a disposal to which paragraph 2A applies.
(3) Where paragraph (a), (aa), (b) or (c) of sub-paragraph (1) or sub-paragraph (2) applies, the trustees shall notify the local authority that that provision applies to them and they or their successors shall pay to the authority so much of the proceeds of disposal as may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the Assembly.
(4) In making any determination under sub-paragraph (3), the trustees and the authority, or the Assembly, as the case may be, shall have regard in particular to—
(a) the value, as at the date of the determination, of the land acquired from the authority;
(b) any enhancement in value of the land attributable to expenditure by the local authority, the trustees or the governing body of the school on school buildings on the land; and
(c) any payments already made by the trustees to the authority—
(i) in respect of the current school site; or
(ii) under section 60(4) of the Education Act 1996 or under paragraph 2(6) of Schedule 3 or paragraph 16(5) of Schedule 6 to this Act or under paragraph 7(6) of Schedule 3 to the School Standards and Organisation (Wales) Act 2013.
(5) More than one determination may be made under sub-paragraph (3) in relation to a disposal of land within sub-paragraph (1) or (2) where it is just to do so, in particular where the disposal involves the creation of a lease.
(6) Sub-paragraph (1)(b) shall not apply in the case of any expenditure unless the authority—
(a) prepared a statement in writing—
(i) containing 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
(ii) indicating that the expenditure was being treated by them as expenditure of a capital nature; and
(b) sent a copy of the statement to the trustees either before, or no later than 12 months after, the expenditure was incurred.
(7) Sub-paragraph (3) does not apply in the case of land acquired under section 60 or 61 of the Education Act 1996 or under paragraph 2 or 4 of Schedule 3 to this 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).
(8) Where paragraph ... (e) or (f) of sub-paragraph (1) applies, the trustees shall notify the local authority that that paragraph applies to them and they and their successors shall (subject to sub-paragraph (9)) undertake to the authority to use the proceeds of disposal—
(a) for the purposes of the school, or
(b) for the purposes—
(i) of any other existing foundation or voluntary school, or
(ii) of any other proposed voluntary school, whether or not proposals have yet been published under any enactment in respect of that proposed school.
(9) Where it appears to the Assembly that the trustees have not given a suitable undertaking under sub-paragraph (8), the Assembly may direct the trustees to pay to the authority either the whole or any part of the proceeds of disposal as the Assembly determines to be just.
(10) More than one direction may be given under sub-paragraph (9) in relation to a disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.
(11) Where paragraph (g) of sub-paragraph (1) applies, the governing body of the school shall repay the grant referred to in that paragraph to the local authority by whom the school is maintained, unless the governing body and the authority otherwise agree.
(12) Where the trustees of a foundation or voluntary school in Wales wish, in the case of any land held by them for the purposes of the school, to use the land for purposes not connected with the provision of education in maintained schools—
(a) the preceding provisions of this paragraph shall apply as if any such change of use of the land were a disposal of the land; and
(b) the value of the land as at the date of any determination under sub-paragraph (3) or of any direction under sub-paragraph (9) shall be treated as proceeds of the disposal of the land.
Land required by local authority for new school
4 (1) This paragraph applies where, on an application made by a local authority in Wales, the Assembly is satisfied—
(a) that any relevant land—
(i) held, or held on trust, for the purposes of a foundation or voluntary school by the governing body or the trustees of the school, or
(ii) held by a foundation body for the purposes of the group of schools for which it acts,
is not required for the purposes of the school or (as the case may be) those schools; and
(b) that that land is required by the authority as the site for a new maintained school or as the site to which a maintained school is to be transferred.
(2) In such a case the Assembly may by order require the relevant land to be transferred to the authority by the body or trustees holding the land, subject to the payment by the authority of such sum by way of consideration (if any) as the Assembly determines to be appropriate.
(3) In this paragraph “relevant land” means land which was acquired by the governing body of the school, or (as the case may be) one of the schools, mentioned in sub-paragraph (1)(a) under a transfer under section 201(1)(a) of the Education Act 1996.
Part II Maintained schools: disposals on discontinuance
Discontinuance of foundation, voluntary and foundation special schools: land
5 (1) This paragraph applies where—
(a) proposals to discontinue a foundation, voluntary or foundation special school have been approved, adopted , confirmed or determined to be implemented under any enactment, or
(b) the appropriate authority has given a direction—
(i) under section 16 of the School Standards and Organisation (Wales) Act 2013 requiring a foundation or voluntary school in Wales to be discontinued,
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
(1A) 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 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 (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.
(2A) 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 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 (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.
(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
(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 appropriate authority may do one or more of the following, namely—
(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 authority determines to be appropriate;
(aa) 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 the appropriate authority or to such local authority as the 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 any enactment to establish, or to make a prescribed alteration or 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 the appropriate authority may specify.
(4ZA) 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.
(4A) Where the school is in Wales and is a foundation ... school which has a foundation, 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 2A(1)(a), (aa), (b) or (c) which is held by the trustees for the purposes of the school.
(4B) On an application under sub-paragraph (4ZA) or (4A), the appropriate authority may do one or more of the following, namely—
(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 authority determines to be appropriate;
(aa) 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 —
(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 ... 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) direct the trustees to pay to such local authority as the 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 (4ZA) or, as the case may be, (4A); and
(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 or 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 the appropriate authority may specify, or
(ii) to the trustees, foundation body or temporary governing body of such new school as the appropriate authority may specify.
(5) Where the governing body , foundation body or trustees fail to make an application as required by sub-paragraph (2), (3) , (4ZA) or (4A), as the case may be, the appropriate authority may nevertheless make any such requirement or give any such direction as is mentioned in sub-paragraph (4) or (4B), as the case may be.
(5A) 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 or Academies,
paragraph A13 shall apply to them.
(6) Where the school is in Wales and the trustees of the school—
(a) dispose of any land falling within paragraph 3(1) or (2) but not within paragraph 2A(1)(a), (aa), (b) or (c), 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.
(7) 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) This paragraph applies where the governing body of a foundation or voluntary school apply for the appropriate authority's consent to serve a notice under section 30(1) or section 80 of the School Standards and Organisation (Wales) Act 2013.
(2) If the appropriate authority gives such consent, the 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 the appropriate authority thinks just—
(a) in respect of the repayment of all or part of any expenditure incurred by the appropriate authority as mentioned in section 30(2) or section 80(2) of the School Standards and Organisation (Wales) Act 2013;
(b) in respect of the transfer to the local authority of any premises used for the purposes of the school which the appropriate authority is satisfied the local authority will need for any purpose connected with education;
(c) (where any premises are to be so transferred) in respect of the payment by the local authority of so much of the value of those premises as is just having regard to the extent to which the premises were provided otherwise than at public expense;
(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 the local 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 local authority or an authority within section 30(2)(d).
(3A) 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 the 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) This paragraph applies in connection with the dissolution of the governing body of a maintained school by virtue of paragraph 5 of Schedule 1 to the Education Act 2002 other than a dissolution by virtue of paragraph 5(2)(a)(iv) of that Schedule (dissolution following Academy order).
(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 local authority, or
(ii) one or more of the persons or bodies mentioned in sub-paragraph (2A), if the appropriate authority so directs before the date of dissolution.
(2A) 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 appropriate 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 appropriate 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) or 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) or section 80(2) of the School Standards and Organisation (Wales) Act 2013, the appropriate authority may impose any requirements that the 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 the appropriate authority;
(b) in respect of the transfer by the trustees to the local authority of the whole or part of the relevant premises where the appropriate authority is satisfied the local authority will need them for any purpose connected with education;
(c) (to the extent that the relevant premises are to be so transferred) in respect of the payment by the local authority to the trustees of so much of the value of those premises as is just having regard to the extent to which the premises were provided otherwise than at public expense;
(d) (to the extent that the relevant premises are not to be so transferred) in respect of the payment by the trustees to the local 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 local authority or an authority within section 30(2)(d).
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.
(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,
(c) the body corporate has been removed under section 34 of the Charities Act 2011 from the register of charities kept under section 29 of that Act, or
(d) prescribed conditions relating to the ability of the body corporate to pay its debts or to its continued existence as a body corporate or as a charity are met,
the Secretary of State may make an order under this paragraph.
(3) Conditions may be prescribed under sub-paragraph (2)(d) by reference to the opinion of the Secretary of State as to any prescribed matter.
(4) An order under this paragraph is an order directing that any land falling within paragraph A13(1)(b) or (2) held by the body corporate on trust for one or more foundation or foundation special schools to which section 23A applies is to be transferred to, and by virtue of the order vest in—
(a) the governing body of the school, or
(b) where the land is held on trust for two or more schools, such of the governing bodies of the schools as the Secretary of State thinks proper.
(5) In a case where—
(a) proposals to establish a new foundation or foundation special school fall to be implemented under Schedule 2 to the Education and Inspections Act 2006, and
(b) the local authority have before the school opening date transferred land to be held on trust for the school,
references in this paragraph to a foundation or foundation special school include references to a proposed such school, references to a governing body include references to a proposed governing body and for the purpose of sub-paragraph (1) section 23A is to be taken to apply to the proposed school if it would apply to the school when it is established.
(6) In this paragraph—
...
“foundation” means a foundation established otherwise than under this Act.
Part III General
9 (1) Where a transfer under paragraph A5, A11, A17, A23, 1(3)(a), 2(3)(a), 4(2), 5(4)(a) or (c), 6(2)(b) , 8(2)(b) or 8A of this Schedule relates to registered land, it shall be the duty of the transferor—
(a) to execute any such instrument under the Land Registration Act 2002,
(b) to deliver any such certificate under that Act, and
(c) to do such other things under that Act,
as he would be required to execute, deliver or do in the case of a transfer by agreement between the transferor and the transferee.
(2) Paragraphs 6 to 8 of Schedule 10 to the Education Reform Act 1988 (construction of agreements) shall apply in relation to transfers under paragraph 7 of this Schedule as they apply in relation to transfers to which that Schedule applies.
10 (1) In this Schedule—
(a) “the trustees”, in relation to a school, means any person (other than the governing body) holding property on trust for the purposes of the school;
(b) “disposal” includes—
(i) a compulsory disposal; and
(ii) in the case of any premises held under a tenancy to which Part II of the Landlord and Tenant Act 1954 (“the 1954 Act”) applies, the termination of that tenancy under that Part of that Act;
(c) references to “proceeds of disposal”, in relation to a disposal of land, are references to—
(i) any consideration for the disposal, including rent;
(ii) any compensation for the disposal, including any compensation paid by the landlord on the quitting of any premises within paragraph (b)(ii) by the governing body, foundation body or trustees (whether or not the compensation is required to be paid by section 37 of the 1954 Act (compensation where order for new tenancy precluded on certain grounds)); and
(iii) interest which has accrued in respect of any such consideration or compensation;
(d) “new school” has the meaning given by section 72(3).
(e) “the appropriate authority” means—
(i) in relation to a school in England, the Secretary of State, and
(ii) in relation to a school in Wales, the Assembly.
(f) “regulated alteration” has the same meaning as in Chapter 2 of Part 3 of the School Standards and Organisation (Wales) Act 2013.
(2) In paragraphs (b)(ii) and (c)(ii) of sub-paragraph (1) expressions to which a meaning is given for the purposes of the 1954 Act have the same meaning as in that Act.
(3) In paragraphs A1(1), A13(1), (2) or (3)(a), A24 to A26, 1(1), 3(1) and 4(3) references, in relation to the governing body or trustees of a foundation, voluntary or foundation special school and in relation to a time before the appointed day—
(a) to any land being acquired in a particular way, or
(b) to any grant being provided in a particular way,
are references to the land being acquired in that way by, or (as the case may be) to the grant being provided in that way to, the governing body or trustees of that school at a time when it was a voluntary, grant-maintained or grant-maintained special school within the meaning of the Education Act 1996.
(4) In paragraphs A1(1), A13(1), 1(1) and 3(1) references, in relation to the governing body or trustees of a foundation, voluntary or foundation special school and in relation to a time before the appointed day, to any expenditure being incurred for the purposes of the school are references to such expenditure being incurred for the purposes of that school at a time when it was a voluntary, grant-maintained or grant-maintained special school within the meaning of the Education Act 1996.
(5) In paragraphs A1(1) and 1(1) references, in relation to the governing body of a foundation, voluntary or foundation special school, to any land being acquired in a particular way include references to the land being acquired in that way by the temporary governing body for the school.
PART IV DISPOSAL OF LAND OF A VOLUNTARY AIDED SCHOOL BY THE LOCAL AUTHORITY
11 (1) In this paragraph—
(a) subject to sub-paragraph (7), “capital expenditure” means expenditure of the governing body in question which falls to be capitalised in accordance with proper accounting practices;
(b) “commencement date” means the date on which the Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 comes into force;
(c) “relevant body” means—
(i) the governing body of a voluntary aided school; or
(ii) if the school has been discontinued and the governing body dissolved, the trustees;
(d) “relevant land” means—
(i) any caretaker’s dwelling; or
(ii) other buildings which are not school buildings;
which form part of the premises of a voluntary aided school.
(2) This paragraph applies to any disposal by the local authority of relevant land enhanced in value wholly or partly by means of capital expenditure incurred by the governing body after the commencement date.
(3) But this paragraph shall not apply unless the relevant body gives to the local authority no later than 12 months after the expenditure is incurred a statement—
(a) setting out the amount of expenditure; and
(b) stating that it is capital expenditure.
(4) Where this paragraph applies, the local authority shall notify the relevant body that the provision applies to them and they shall pay to the relevant body so much of the proceeds of disposal as may be determined to be just —
(a) by agreement between the authority and the relevant body, or
(b) by the adjudicator where—
(i) the authority or the relevant body 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 authority and the relevant body.
(4A) In determining whether to make a reference to the adjudicator under sub-paragraph (4)(b), the authority or, as the case may be, the relevant body, must have regard, in particular, to any guidance given from time to time by the Secretary of State.
(4B) Before making a reference to the adjudicator under sub-paragraph (4)(b), the authority or, as the case may be, the relevant body, must give the other notice of their intention to make the reference.
(5) In making the determination under sub-paragraph (4), the relevant body and the local authority, or the adjudicator, as the case may be, shall have regard in particular to any guidance given from time to time by the Secretary of State and to any enhancement in value of the relevant land attributable to expenditure by or on behalf of the governing body.
(5A) A determination made by the adjudicator on a reference made to him under sub-paragraph (4)(b) may be varied or revoked by a further determination made by him if—
(a) the matter is referred to him by the local authority or the relevant body, and
(b) before making the further determination, the adjudicator consults such persons as he considers appropriate.
(5B) In determining whether to make a reference to the adjudicator under sub-paragraph (5A)(a), the local authority or the relevant body must have regard, in particular, to any guidance given from time to time by the Secretary of State.
(5C) Sub-paragraph (5) applies in relation to the further determination of any matter by the adjudicator, by virtue of sub-paragraph (5A), as it applies in relation to the original determination of the matter.
(6) If the local authority permit relevant land to be used for purposes not connected with the school—
(a) they shall be treated for the purposes of this paragraph as having disposed of the land; and
(b) sub-paragraph (4) shall have effect as if the reference to proceeds of disposal were a reference to the value of the land.
(7) The Secretary of State may—
(a) by regulations prescribe classes or descriptions of expenditure which are to be treated for the purposes of this paragraph as being, or as not being, capital expenditure of any governing body or of any prescribed class or description of governing body;
(b) by direction provide that expenditure of a particular governing body which is expenditure of a particular class or description is to be treated for the purposes of this paragraph as being, or as not being, capital expenditure of that body.
(8) Directions under sub-paragraph (7)(b) may be expressed to have effect in specified circumstances or subject to specified conditions.
12 (1) For the purposes of paragraph 11(1)(a), “proper accounting practices”, in relation to a governing body, means those accounting practices—
(a) which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the governing body, or
(b) which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the local authority.
(2) In the event of conflict between the accounting practices falling within paragraph (a) of sub-paragraph (1) and those falling within paragraph (b) of that sub-paragraph, only those falling within paragraph (a) are to be regarded as proper accounting practices.
SCHEDULE 26 Inspection of nursery education in Wales
Section 122.
Introductory
1 (1) In this Schedule “relevant nursery education” means—
(za) nursery education provided in a maintained school in Wales or a maintained nursery school in Wales;
(a) nursery education not falling within paragraph (za) which is provided by a local authority in Wales;
(b) nursery education which is provided by any other person who is (or is to be) in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a); or
(b) nursery education which is provided by any other person under arrangements made with that person by a local authority in Wales in pursuance of the duty imposed on the authority by section 118 and in consideration of financial assistance provided by the authority under the arrangements.
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In this Schedule “nursery education under consideration for funding” means nursery education provided by a person to whom a local authority in Wales are considering giving financial assistance and whose provision of nursery education would fall to be taken into account by the authority in formulating proposals for the purposes of section 120(2)(a). with whom a local authority in Wales are considering making arrangements in pursuance of the duty imposed on the authority by section 118 for the provision of nursery education in consideration of financial assistance provided by the authority under the arrangements.
(3) Where—
(a) any education is for the time being provided at any premises for children who have not attained the age prescribed for the purposes of section 118(1)(b), and
(b) that education is provided by a person—
(i) who proposes to provide nursery education at those premises, and
(ii) to whom a local authority in Wales are considering giving financial assistance in the event of his providing that nursery education, and
(iii) whose provision of that nursery education would fall to be taken into account by the authority in formulating proposals for the purposes of section 120(2)(a),
this Schedule shall apply in relation to the education for the time being provided for the children mentioned in paragraph (a) above as it applies in relation to nursery education under consideration for funding.
(3) Where—
(a) any education is for the time being provided at any premises for children who have not attained the age prescribed for the purposes of section 118(1)(b) (“the prescribed age”), and
(b) that education is provided by a person—
(i) who proposes to provide nursery education at those premises for children who have attained the prescribed age, and
(ii) with whom a local authority in Wales are considering making arrangements of the kind mentioned in sub-paragraph (2),
the education is to be treated for the purposes of this Schedule as nursery education under consideration for funding even though it is provided for children who have not attained the prescribed age.
2 (1) In this Schedule—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) “the Chief Inspector for Wales” means Her Majesty's Chief Inspector of Education and Training in Wales, and
(c) “the Chief Inspector” (without more) means the Chief Inspector for Wales.
(2) In this Schedule references to registered Welsh nursery education inspectors are to persons registered under paragraph 8.
(3) In this Schedule “members of the Welsh Inspectorate” means—
(a) the Chief Inspector for Wales,
(b) Her Majesty's Inspectors of Education and Training in Wales, and
(c) additional inspectors with whom the Chief Inspector for Wales has made arrangements to give him assistance under paragraph 2 of Schedule 2 to the Education Act 2005.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In this Schedule, “well-being” in relation to children for whom nursery education is provided in Wales, is a reference to their well-being having regard to the matters mentioned in section 25(2) of the Children Act 2004.
General functions of the Chief Inspector
3 (1) The Chief Inspector has the general duty of keeping the Assembly informed about—
(a) the quality and standards of relevant nursery education,
(aa) how far relevant nursery education meets the needs of the range of children for whom it is provided,
(ab) the quality of leadership and management in connection with the provision of relevant nursery education,
(ac) the contribution of relevant nursery education to the well-being of the children for whom it is provided, ...
(ad) the development of children for whom relevant nursery education is provided, by reference to the four purposes of a curriculum for those children, and
(b) the spiritual, moral, social and cultural development of children for whom relevant nursery education is provided.
(2) In sub-paragraph (1), the four purposes of a curriculum for the children mentioned in paragraph (ad) are those set out in section 2(1) of the Curriculum and Assessment (Wales) Act 2021.
4 When asked to do so by the Assembly, the Chief Inspector shall give advice to the Assembly on such matters relating to relevant nursery education as may be specified in the Assembly's request.
5 The Chief Inspector may at any time give advice to the Assembly on any matter connected with—
(a) relevant nursery education generally, or
(b) relevant nursery education, or nursery education under consideration for funding, provided at particular premises.
...
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inspections in England
6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inspections in Wales
6B (1) The Chief Inspector for Wales—
(a) shall secure that relevant nursery education provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at such intervals as may be prescribed,
(b) shall secure that relevant nursery education, or nursery education under consideration for funding, provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at any time when the National Assembly for Wales requires the Chief Inspector for Wales to secure its inspection, and
(c) may secure that any relevant nursery education, or nursery education under consideration for funding, provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at any other time when the Chief Inspector for Wales considers that it would be appropriate for it to be inspected.
(2) Sub-paragraph (1)(a) does not apply to nursery education provided at a school to which section 28 of the Education Act 2005 (duty to arrange regular inspections of certain schools) applies.
(3) The Chief Inspector for Wales may comply with sub-paragraph (1) either by organising inspections or by making arrangements with others for them to organise inspections.
(4) A requirement such as is mentioned in sub-paragraph (1)(b) may relate to nursery education provided at particular premises or a class of premises.
Reports of inspections under paragraph ... 6B
7 A person conducting an inspection under paragraph ... 6B shall report on—
(a) the quality and standards of the nursery education provided,
(b) how far that nursery education meets the needs of the range of children for whom the education is provided,
(c) the quality of leadership and management in connection with the provision of the nursery education,
(d) the contribution made by that nursery education to the well-being of those children, and
(e) so far as it is reasonably practicable to do so, the spiritual, moral, social and cultural development of the children for whom the nursery education is provided.
Registration of nursery education inspectors for Wales
8 (1) ... Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru shall establish and maintain a register of nursery education inspectors for Wales.
(2) The Chief Inspector for Wales—
(a) shall give guidance to registered Welsh nursery education inspectors and such other persons as he considers appropriate in connection with inspections under paragraph 6B and the making of reports of such inspections, and
(b) shall keep under review the system of inspections under paragraph 6B and, in particular, the standard of such inspections and of the reports made of them.
(3) The Chief Inspector for Wales shall not register a person under this paragraph unless, having regard to any conditions that he proposes to impose under sub-paragraph (5B), it appears to him that the person—
(a) is a fit and proper person for discharging the functions of a registered Welsh nursery education inspector, and
(b) will be capable of conducting inspections under paragraph 6B competently and effectively and no person shall be so registered if he falls within a category of persons prescribed for the purposes of this sub-paragraph.
(4) Subject to that, the Chief Inspector for Wales shall register such persons as he considers appropriate.
(5) The factors which the Chief Inspector for Wales may take into account for the purposes of sub-paragraph (4) include the extent to which there is a need for registered inspectors in any part of ... Wales.
(5A) The Chief Inspector for Wales may require payment of a fee before registering a person under sub-paragraph (4).
(5B) Registration under sub-paragraph (4) may be subject to such conditions as the Chief Inspector for Wales considers it appropriate to impose.
(6) Conditions imposed under sub-paragraph (5B) may be conditions applying generally in relation to all cases, or particular classes of case, or such conditions together with specific conditions applying in the particular case.
(7) Where a person is registered subject to conditions imposed under sub-paragraph (5B), he shall be taken to be authorised to act as a registered Welsh nursery education inspector only so far as those conditions permit.
(8) The period for which any registration is to have effect shall be determined by the Chief Inspector for Wales and shall be entered in the register kept by him.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 (1) If the Chief Inspector for Wales is satisfied that any of the conditions mentioned in sub-paragraph (2) is satisfied with respect to a nursery education inspector registered in his register, he may remove the name of that inspector from that register.
(2) The conditions are that—
(a) he is no longer a fit and proper person for discharging the functions of a registered Welsh nursery education inspector under paragraph 6B,
(b) he is no longer capable of conducting inspections under that paragraph competently and effectively,
(c) there has been a significant failure on his part to comply with any condition imposed under paragraph 8(5B) subject to which his registration has effect,
(d) he has, without reasonable explanation, produced a report of an inspection under paragraph 6B which is, in whole or in part, seriously misleading.
(3) The Chief Inspector for Wales may vary any condition subject to which the registration of an inspector has effect, or vary the registration of an inspector by imposing a condition subject to which it will have effect, if he is satisfied—
(a) that he is authorised by sub-paragraph (1) to remove the name of the inspector from his register, or
(b) that it would otherwise be in the public interest for him to do so.
(4) References in this Schedule to a condition imposed under paragraph 8(5B) include a condition imposed under sub-paragraph (3).
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 (1) Any person who is aggrieved by—
(a) the refusal of the Chief Inspector for Wales to renew his registration under paragraph 8,
(b) the imposition or variation of any condition subject to which he is registered under that paragraph, or
(c) the removal of his name from the register under paragraph 9,
may appeal against the Chief Inspector’s decision.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) An appeal under sub-paragraph (1) shall be made to a tribunal with the same constitution as a tribunal to hear an appeal under section 27 of the Education Act 2005; and paragraph 2 (procedure) and paragraph 3 (staff) of Schedule 3 to that Act apply to tribunals to hear appeals under sub-paragraph (1) as they apply to tribunals to hear appeals under that section.
(3) No decision against which an appeal may be made under sub-paragraph (1) shall have effect until—
(a) any appeal against it which is duly made is disposed of, or
(b) the period within which an appeal may be made expires without an appeal being made.
(4) Sub-paragraph (3) shall not apply where the Chief Inspector for Wales—
(a) is satisfied that the circumstances of the case justify the decision in question taking effect immediately or earlier than would otherwise be the case, and
(b) notifies the person concerned to that effect.
(5) On determining any appeal under this paragraph, the tribunal may—
(a) confirm, reverse or vary the decision appealed against, or
(b) remit the case to the Chief Inspector for Wales with directions as to the action to be taken by him.
Training of registered Welsh nursery education inspectors
11 (1) A registered Welsh nursery education inspector shall not conduct an inspection under paragraph 6 unless he has, in the opinion of the Chief Inspector for Wales, satisfactorily completed a course of training provided by, or complying with arrangements approved by, the Chief Inspector for Wales.
(2) Sub-paragraph (1) shall not apply in such circumstances as may be specified, either generally or in relation to a particular case or class of case, by the Chief Inspector for Wales.
(3) Where the Chief Inspector for Wales provides such training he may charge such fees as are reasonable for the purpose of recovering the whole, or part, of the cost of providing it.
Impartiality
12 A person shall not undertake an inspection under paragraph 6B of nursery education provided by a person at any premises, or accompany a person undertaking such an inspection, if he has, or has at any time had, any connection with—
(a) the person by whom the education is provided (or, where it is provided by a body, any member of the body), or
(b) any person employed by that person (whether or not at the premises),
of a kind which might reasonably be taken to raise doubts about his ability to act impartially.
Reports of inspections
13 (1) Where a person has conducted an inspection under paragraph 6 he shall make his report in writing to the Chief Inspector within such period as may be prescribed, subject to any extension not exceeding three months which the Chief Inspector may consider necessary.
(2) Once the report of an inspection has been made to the Chief Inspector under sub-paragraph (1) he shall without delay send a copy of it to such authorities and persons as may be prescribed.
(3) Section 42A(2) and (3) of the School Inspections Act 1996 shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in section 42A(2).
Reports of inspections: England
13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reports of inspections: Wales
13B (1) Where a person has conducted an inspection under paragraph 6B he shall make his report in writing to the Chief Inspector for Wales within such period as may be prescribed, subject to any extension not exceeding three months which the Chief Inspector for Wales may consider necessary.
(2) Once the report of an inspection has been made to the Chief Inspector for Wales under sub-paragraph (1) he shall without delay send a copy to such authorities and persons as may be prescribed.
(3) Regulations may require any prescribed person to whom a copy of the report is sent under subsection (2) to make a copy of the report available for inspection by prescribed persons.
(4) Subsections (2) to (4) of section 29 of the Education Act 2005 shall apply in relation to the publication of any such report in relation to Wales as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section.
Annual reports of the Chief Inspector
14 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The annual report of the Chief Inspector for Wales required by subsection (1)(a) of section 21 of the Education Act 2005 to be made to the National Assembly for Wales shall include an account of the exercise of the functions conferred or imposed on him by or under this Schedule; and the power conferred by subsection (1)(b) of that section to make other reports to the Assembly includes a power to make reports which fall within the scope of his functions by virtue of this Schedule.
Reserve powers of the Chief Inspector
15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 If the Chief Inspector elects in the case of an inspection within paragraph (b) or (c) of sub-paragraph (1) of paragraph ... 6B that the inspection shall be treated as if it were an inspection within paragraph (a) of that sub-paragraph, the inspection shall be so treated.
17 Where an inspection in Wales is being conducted by a registered Welsh nursery education inspector under paragraph 6B, the Chief Inspector for Wales may arrange for the inspection to be monitored by one or more members of the Welsh Inspectorate.
Rights of entry
18 (1) This paragraph applies to—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) a member of the Inspectorate monitoring such an inspection under paragraph 17.
This paragraph applies to—
(a) the Chief Inspector for England when conducting an inspection under paragraph 6A,
(b) a registered Welsh nursery education inspector or member of the Welsh Inspectorate conducting an inspection under paragraph 6B, or
(c) a member of the Welsh Inspectorate monitoring under paragraph 17 an inspection under paragraph 6B.
(2) A person to whom this paragraph applies shall have at all reasonable times—
(a) a right of entry to the premises at which the relevant nursery education concerned is provided; and
(b) a right to inspect, and take copies of—
(i) any records kept by the person providing that education, and
(ii) any other documents containing information relating to the provision of that education,
which he requires for the purposes of conducting or (as the case may be) monitoring the inspection.
(3) Section 58 of the Education Act 2005 (inspection of computer records for the purposes of Part 1 of that Act) shall apply for the purposes of this paragraph as it applies for the purposes of Part 1 of that Act.
(4) It shall be an offence wilfully to obstruct a member of the Inspectorate or a registered nursery education inspector in the exercise of his functions in relation to an inspection under paragraph 6.
It shall be an offence—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) intentionally to obstruct a member of the Welsh Inspectorate or a registered Welsh nursery education inspector in the exercise of his functions in relation to an inspection under paragraph 6B.
(5) Any person guilty of an offence under sub-paragraph (4) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(6) In this paragraph “documents” and “records” each include information recorded in any form.
SCHEDULE 27 Further provision about partnership arrangements in Wales
Section 125.
SCHEDULE 5A
Further provision about partnership arrangements in Wales
Interpretation
1 In this Schedule—
“the participating bodies”, in relation to an arrangement, means—
the parties to the arrangement,
the Further Education Funding Council for Wales, and
each governing body of a school which has consented to the arrangement; and
“the parties”, in relation to an arrangement, means—
each local education authority, and
each governing body of an institution (or institutions) within the further education sector,
which is a party to the arrangement.
Approval by the Secretary of State
2 (1) An application for approval of an arrangement by the Secretary of State for the purposes of section 60A of this Act (“an application”) shall be made jointly by the parties to the arrangement.
(2) An application shall be in such form and contain such information as may be prescribed by regulations.
(3) In addition, the participating bodies shall provide the Secretary of State with such further information as he may require for the purpose of deciding whether or not to grant the approval.
Termination of arrangement etc
3 (1) Subject to any provision of the arrangement to the contrary and to sub-paragraph (2) below, a partnership arrangement to which section 60A of this Act applies shall continue in force indefinitely.
(2) The Secretary of State may withdraw approval of a partnership arrangement to which section 60A of this Act applies.
(3) The Secretary of State shall exercise his powers under sub-paragraph (2) in accordance with the provisions of the arrangement.
Variation of arrangement
4 (1) The parties to a partnership arrangement to which section 60A of this Act applies shall not make any change to the arrangement except—
(a) with the consent of the other participating bodies, and
(b) if the change amounts to a significant change to the arrangement, with the consent of the Secretary of State.
(2) If a question arises whether a change to an arrangement would be a significant change, that question shall be determined by the Secretary of State.
Interpretation of existing enactments
5 (1) Regulations may provide—
(a) for any reference in an enactment to secondary education to be construed as including further education provided under a partnership arrangement to which section 60A of this Act applies, and
(b) for any enactment containing such a reference to apply in relation to such further education with such modifications (if any) as may be specified in the regulations.
(2) In sub-paragraph (1), enactment includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).