Part IXE+W Ancillary functions

Chapter IIE+W Ancillary functions of [F1local authorities]

Textual Amendments

Acquisition and holding of propertyE+W

530 Compulsory purchase of land.E+W

(1)The Secretary of State may authorise a [F2local authority] to purchase compulsorily any land (whether within or outside their area) which—

(a)is required for the purposes of any school or institution which is, or is to be, maintained by them or which they have power to assist, or

(b)is otherwise required for the purposes of their functions under this Act, or

[F3(c)is required for the purposes of an Academy (whether established or to be established).]

(2)The Secretary of State shall not authorise the compulsory purchase of any land required for the purposes of a [F4foundation, voluntary or foundation special school] unless he is satisfied that the arrangements made—

(a)as to the vesting of the land to be purchased, 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 the [F2local authority] will not include any expenditure which, if the land had been purchased by the governing body of the school, would have fallen to be borne by the governing body.

(3)Subsection (2) shall not, however, apply where the [F2local authority] propose that expenditure to be incurred in connection with the purchase should ultimately be [F5borne by them—

(a)in the case of an authority in England, F6... under any provision of regulations under section 24 of the Education and Inspections Act 2006 (implementation of proposals under section 19 of that Act) which by virtue of subsection (7) of section 24 of that Act authorises a [F2local authority] to provide assistance to the governing body of a voluntary aided school in connection with the implementation of the obligations of the governing body under the regulations, or

(b)in the case of an authority in Wales, under paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (power to give assistance to governing body of voluntary aided school in carrying out statutory proposals) (including that provision as applied by any enactment).]

(4)In this section “land” includes buildings and other structures and land covered with water.

Textual Amendments

F4Words in s. 530(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 146(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.