Textual Amendments
F1Sch. 35A inserted (26.7.2002) by Education Act 2002 (c. 32), ss. 65(3), 216(2), Sch. 7 para. 1 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2
2(1)Sub-paragraph (2) applies if—
(a)a freehold or leasehold interest in land is held by a local education authority,
(b)the authority proposes to make a disposal in respect of the interest, or to enter into a contract to make a disposal in respect of it, or to grant an option to make an acquisition in respect of it, and
(c)at any time in the period of eight years ending with the day on which the disposal, contract or option is proposed to be made, entered into or granted, the land was used wholly or mainly for the purposes of a county school or community school.
(2)Unless the Secretary of State consents, the authority must not make the disposal or enter into the contract or grant the option.
(3)Sub-paragraph (2) does not apply to a disposal made in pursuance of a contract made, or option granted, before the coming into force of this paragraph.
(4)Sub-paragraph (2) does not apply to—
(a)a disposal in favour of a person for the purposes of an Academy and for no consideration;
(b)a contract to make such a disposal;
(c)a grant of an option for a person to make an acquisition for the purposes of an Academy and for no consideration.
(5)A disposal or contract or grant is not invalid by reason only that it is made in contravention of sub-paragraph (2).
(6)A person acquiring an interest in land or entering into a contract to acquire it is not to be concerned to enquire whether consent required by sub-paragraph (2) has been given.]