Education Act 1946

Section 3.

FIRST SCHEDULE Maintenance of Voluntary Schools

1 The duty of a local education authority to maintain a voluntary school under the principal Act shall include the duty of providing any site which is to be provided for the school in addition to, or instead of, the whole or any part of the existing site of the school, and shall, in the case of a controlled school, include the duty of providing any buildings which are to form part of the school premises :

Provided that nothing in this paragraph shall require a local education authority :—

(a) to perform any duties which, under section thirteen of the principal Act (which includes provisions relating to the establishment of new schools and to the procedure by which a school which is not a voluntary school may become such a school) are required to be performed by any persons other than the authority ; or

(b) to execute any proposals which are required to be executed under a special agreement made under the Third Schedule to the principal Act.

2 Where under subsection (1) of section sixteen of the principal Act the Minister has made an order authorising the transfer to a new site of an aided school or a special agreement school, the duties of the managers or governors of the school shall include the duty of defraying, with the assistance of any grant which may be made in accordance with section one hundred and three of the principal Act, the expenses of providing any school buildings to be provided on the new site, and accordingly—

(a) the Minister shall not direct that a school shall be an aided school or a special agreement school unless he is satisfied that the managers or governors of the school will be able and willing to defray any such expenses ;

(b) the duty of the local education authority to maintain an aided school or a special agreement school shall not include the duty of defraying any such expenses ; and

(c) if at any time the managers or governors of an aided school or a special agreement school are unable or unwilling to carry out their obligations under this paragraph, it shall be their duty to apply to the Minister for an order revoking the order or direction by virtue of which the school is an aided school or a special agreement school, and upon such an application being made to him the Minister shall revoke the order or direction.

3 If when a local education authority provide a site for an aided school or a special agreement school in accordance with paragraph of this Schedule, any work is required to be done to the site for the purpose of clearing it or making it suitable for building purposes, the authority and the managers or governors of the school may by agreement provide for the making of such payments, or of such other adjustments of their respective rights and liabilities, as will secure that the cost of that work is borne by the local education authority.

4 If when a local education authority provide a site for an aided school or a special agreement school in accordance with paragraph 1 of this Schedule there are, on the site so provided, any buildings which are of value for the purposes of the school, the authority and the managers or governors of the school may by agreement provide 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 duties of the managers or governors with respect to the school buildings.

5 Where it appears to the Minister that provision for any payment or other adjustment ought to have been made under either of the last two preceding paragraphs, but that such provision has not been made, he may by directions provide for the making of such payment or other adjustment as he thinks proper in the circumstances.

6 Where a local education authority provide a site for a school in accordance with the preceding provisions of this Schedule, it shall be the duty of the authority to convey their interest in the site and in any buildings on the site which are to form part of the school premises to the trustees of the school to be held on trust for the purposes of the school.

If any doubt or dispute arises as to the persons to whom a local education authority are required to make a conveyance under this paragraph, the conveyance shall be made to such persons as the Minister thinks proper.

7 Where an interest in any premises which are to be used for the purposes of a controlled school is conveyed in accordance with the last preceding paragraph to any 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 or their successors shall pay to the local education authority so much of that sum as the Minister may determine to be just having regard to the value of the interest so conveyed ; and any sum so paid shall be deemed for the purposes of section fourteen of the [4 & 5 Vict. c. 38.] School Sites Act, 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) to be a sum applied in the purchase of a site for the school.

In this paragraph the expression " sale " includes the creation or disposition of any kind of interest.

8 Where in accordance with paragraph 6 of this Schedule a local education authority convey premises to be held on trust for the purposes of any voluntary school, and any person thereafter acquires the premises or any part thereof from the trustees, whether compulsorily or otherwise, the Minister may require the trustees or their successors to pay to the authority so much of the compensation or purchase money paid in respect of the acquisition as he thinks just having regard to—

(a) the value of the premises conveyed by the authority in accordance with the said paragraph 6 ; and

(b) any sums which have been received by the authority in respect of the premises under the preceding provisions of this Schedule.

In this paragraph the expression " premises " includes any interest in premises.