Education Act 1996

531 Acquisition of land by agreement

(1) For the removal of doubt, it is declared that making land available for the purposes of a school or institution—

(a) which is, or is to be, maintained by a local education authority, or

(b) which such an authority have power to assist,

is a function of the authority within the meaning of section 120 of the [1972 c. 70.] Local Government Act 1972 (which relates to the acquisition by a local authority by agreement of land for the purpose of any of their functions), even though the land will not be held by the authority.

(2) A local education authority shall not acquire by agreement any land required for the purposes of a voluntary school unless they are satisfied that the arrangements made—

(a) as to the vesting of the land to be acquired, and

(b) as to the appropriation of that land for the purposes of the school,

are such as to secure that the expenditure ultimately borne by them will not include any expenditure which, if the land had been acquired by the governing body of the school, would have fallen to be borne by the governing body.