School Standards and Organisation (Wales) Act 2013

Restrictions on disposal or use of land

37 (1) While the procedure for becoming a school of another category is pending in relation to a school, a local authority may not, without the consent of the Welsh Ministers, take any action in relation to any land of the authority used or held for the purposes of the school by which the land ceases to any extent to be so used or held.

(2) Sub-paragraph (3) applies if in the case of any school—

(a) proposals that a school become a school of another category are approved or the governing body have determined to implement them, and

(b) a local authority has, in relation to any land, taken action in breach of sub­paragraph (1).

(3) The transfer of property provisions have effect as if, immediately before the implementation date, the property were used or held by the authority for the purposes for which it was used or held when the procedure for becoming a school of another category was started.

(4) In this paragraph—

(a) “the transfer of property provisions” means this Schedule and section 198 of, and Schedule 10 to, the Education Reform Act 1988, and

(b) the references to taking action include appropriating property for any purpose.