SCHEDULES
F1SCHEDULE 1ACADEMIES: LAND
Part 1Land held by a local authority
Restriction on disposal of land held by local authority for purposes of a school or 16 to 19 Academy
5
1
This paragraph applies if a local authority has made a disposal in contravention of paragraph 4(2).
2
In a case where the authority has made a disposal within the meaning of this Schedule because it has granted an option (see paragraph 22(5)(d)), the Secretary of State may by notice served on the option holder repudiate the option at any time before it is exercised.
3
In a case where the authority has made a disposal within the meaning of this Schedule because it has entered into a contract to dispose of land (see paragraph 22(5)(c)), the Secretary of State may by notice served on the other party to the contract repudiate it at any time before a conveyance of the land is executed.
4
A repudiation under sub-paragraph (2) or (3) has effect—
a
when the notice is served, and
b
as if the repudiation were made by the authority.
5
In a case where the land has been transferred (whether or not in pursuance of an option or contract falling within sub-paragraph (2) or (3)) the Secretary of State may purchase the land compulsorily.
6
The Acquisition of Land Act 1981 applies in relation to the compulsory purchase of land under sub-paragraph (5).
7
On completion of a compulsory purchase of land under sub-paragraph (5) the Secretary of State must transfer it to a person concerned with the running of an Academy.
8
If the Secretary of State acquires land by compulsory purchase under sub-paragraph (5), the Secretary of State is entitled to recover from the authority an amount equal to the aggregate of—
a
the compensation agreed or awarded in respect of the purchase,
b
any interest payable by the Secretary of State in respect of the compensation, and
c
the costs and expenses incurred by the Secretary of State in connection with the making of the compulsory purchase order.
9
The authority must provide the Secretary of State with such information as the Secretary of State may require it to provide in connection with a compulsory purchase under sub-paragraph (5).
Sch. 1 substituted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 14 para. 1; S.I. 2012/84, art. 3 (with art. 5)