Learning and Skills Act 2000

Former city academies E+W

8 E+W

8 [F1 (1) This paragraph applies if— E+W

(a) a freehold or leasehold interest in land is transferred from a local education authority on or after the day on which this Act is passed,

(b) the transfer is made to a person for the purposes of a city academy, and

(c) the first or the second condition set out below is satisfied.

(2) The first condition is that—

(a) the school concerned ceases to be a city academy, and

(b) immediately before the school ceases to be a city academy the interest is held by a person for the purposes of the city academy.

(3) The second condition is that, although the school concerned continues to be a city academy, the interest ceases to be held for the purposes of the city academy.

(4) This paragraph applies whether or not the transfer is made by virtue of a scheme under paragraph 1.

(5) Sub-paragraph (2) applies whether or not, on the school ceasing to be a city academy, it simultaneously ceases to function as a school.

(6) The Secretary of State may make a scheme providing for the transfer of the interest—

(a) from the person holding it;

(b) to the authority from which the transfer mentioned in sub-paragraph (1)(a) was made.

(7) A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.

(8) A scheme comes into force on the day it specifies for it to come into force.

(9) When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interest to which it applies.

(10) A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.]

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Amendments (Textual)

F1 Sch. 8 repealed (26.7.2002 except in relation to W.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3