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Education and Inspections Act 2006

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13After paragraph 8 insert—

Part 2AMaintained school: transfer of land from trustee to governing body

8A(1)This paragraph applies where the trustee of one or more foundation or foundation special schools to which section 23A (requirements as to foundations) applies is a body corporate.

(2)Where—

(a)the body corporate has under any enactment passed a resolution for its winding up,

(b)a court has made an order for the winding up of the body corporate,

(c)the body corporate has been removed under subsection (4) of section 3 of the Charities Act 1993 from the register of charities kept under that section, or

(d)prescribed conditions relating to the ability of the body corporate to pay its debts or to its continued existence as a body corporate or as a charity are met,

the Secretary of State may make an order under this paragraph.

(3)Conditions may be prescribed under sub-paragraph (2)(d) by reference to the opinion of the Secretary of State as to any prescribed matter.

(4)An order under this paragraph is an order directing that any land falling within paragraph A13(1)(b) or (2) held by the body corporate on trust for one or more foundation or foundation special schools to which section 23A applies is to be transferred to, and by virtue of the order vest in—

(a)the governing body of the school, or

(b)where the land is held on trust for two or more schools, such of the governing bodies of the schools as the Secretary of State thinks proper.

(5)In a case where—

(a)proposals to establish a new foundation or foundation special school fall to be implemented under Schedule 2 to the Education and Inspections Act 2006, and

(b)the local education authority have before the school opening date transferred land to be held on trust for the school,

references in this paragraph to a foundation or foundation special school include references to a proposed such school, references to a governing body include references to a proposed governing body and for the purpose of sub-paragraph (1) section 23A is to be taken to apply to the proposed school if it would apply to the school when it is established.

(6)In this paragraph—

  • “charity” has the same meaning as in the Charities Act 1993;

  • “foundation” means a foundation established otherwise than under this Act.

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