School Standards and Framework Act 1998

Changes over time for: Paragraph 3

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School Standards and Framework Act 1998, Paragraph 3 is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Schedule 22 Paragraph 3:

Sch. 22 para. 3(1)(aa) words omitted by 2022 asc 1 Sch. 4 para. 11(3)(d)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 14(3)(aa) inserted by 2011 nawm 7 s. 16(2) (Amendment not applied to legislation.gov.uk - s.16(02) of 2011 nawm007 omitted by 2013 nawm001 s. 100(4), Sch. 5 para. 13(2); S.I. 2014/178, art. 2(f) (with art. 3) prior to commencement)
s. 18B inserted by 2011 nawm 7 s. 16(3) (Amendment not applied to legislation.gov.uk - s.16(02) of 2011 nawm007 omitted by 2013 nawm001 s. 100(4), Sch. 5 para. 13(2); S.I. 2014/178, art. 2(f) (with art. 3) prior to commencement)
Sch. 22 para. 5(1B) inserted by 2023 c. 55 s. 235(4)

3(1)[F1Subject to sub-paragraph (2A),] this paragraph applies to any disposal by the trustees of a foundation [F2or voluntary] school [F3in Wales] of—E+W

(a)any land acquired under section 60, 61 or 70 of the M1Education Act 1996, under paragraph 2, 4 or 9 of Schedule 3 or paragraph 16 or 20 of Schedule 6 (including that provision as applied by any enactment)[F4, under paragraph 5(4B)(d) of this Schedule] or under any regulations made under paragraph 5 of Schedule 8 F5...;

[F6(aa)any land acquired under paragraph 7 or 11 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013, under those paragraphs as applied by section 76(1) or (3) of that Act or under Part 3 of Schedule 4 to that Act;]

(b)any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred on or after the appointed day for the purposes of the school and treated by the [F7local authority] as expenditure of a capital nature;

(c)any land acquired by the governing body of the school—

(i)under a transfer under section 201(1)(a) of the M2Education Act 1996, or

(ii)wholly or partly with the proceeds of disposal of any land so acquired,

and transferred by the governing body to be held on trust by the trustees;

F8(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)any land acquired, or enhanced in value, wholly or partly by means of—

(i)any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of the M3Education Act 1996), or

(ii)any grant paid under section 216(2) of that Act;

(f)any land acquired wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in paragraph F9... (e); or

(g)any land acquired, or enhanced in value, wholly or partly by means of any grant made in pursuance of a special agreement (as defined by section 32(5) of the M4Education Act 1996).

(2)If a voluntary aided school [F10in Wales] was, immediately before the appointed day, a controlled school within the meaning of the M5Education Act 1996, this paragraph also applies to any disposal by the trustees of the school of any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred under section 63 or 64 of that Act.

[F11(2A)Nothing in sub-paragraph (1) applies in relation to any disposal to the extent that it is a disposal to which paragraph 2A applies.]

(3)Where paragraph (a), [F12(aa),] (b) or (c) of sub-paragraph (1) or sub-paragraph (2) applies, the trustees shall notify the [F7local authority] that that provision applies to them and they or their successors shall pay to the authority so much of the proceeds of disposal as may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the [F13Assembly].

(4)In making any determination under sub-paragraph (3), the trustees and the authority, or the [F14Assembly], as the case may be, shall have regard in particular to—

(a)the value, as at the date of the determination, of the land acquired from the authority;

(b)any enhancement in value of the land attributable to expenditure by the [F7local authority], the trustees or the governing body of the school on school buildings on the land; and

(c)any payments already made by the trustees to the authority—

(i)in respect of the current school site; or

(ii)under section 60(4) of the M6Education Act 1996 or under paragraph 2(6) of Schedule 3 or paragraph 16(5) of Schedule 6 to this Act [F15or under paragraph 7(6) of Schedule 3 to the School Standards and Organisation (Wales) Act 2013].

(5)More than one determination may be made under sub-paragraph (3) in relation to a disposal of land within sub-paragraph (1) or (2) where it is just to do so, in particular where the disposal involves the creation of a lease.

(6)Sub-paragraph (1)(b) shall not apply in the case of any expenditure unless the authority—

(a)prepared a statement in writing—

(i)containing details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and

(ii)indicating that the expenditure was being treated by them as expenditure of a capital nature; and

(b)sent a copy of the statement to the trustees either before, or no later than 12 months after, the expenditure was incurred.

(7)Sub-paragraph (3) does not apply in the case of land acquired under section 60 or 61 of the M7Education Act 1996 or under paragraph 2 or 4 of Schedule 3 to this Act by the trustees of an institution which is, or has at any time been, within the further education sector (as defined by section 4(3) of the M8Education Act 1996).

(8)Where paragraph F16... (e) or (f) of sub-paragraph (1) applies, the trustees shall notify the [F7local authority] that that paragraph applies to them and they and their successors shall (subject to sub-paragraph (9)) undertake to the authority to use the proceeds of disposal—

(a)for the purposes of the school, or

(b)for the purposes—

(i)of any other existing foundation [F17or voluntary] school, or

F18(ii)of any other proposed [F19voluntary] school, whether or not proposals have yet been published under [F20any enactment] in respect of that proposed school.

(9)Where it appears to the [F21Assembly] that the trustees have not given a suitable undertaking under sub-paragraph (8), the [F21Assembly] may direct the trustees to pay to the authority either the whole or any part of the proceeds of disposal as [F22the Assembly] determines to be just.

(10)More than one direction may be given under sub-paragraph (9) in relation to a disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.

(11)Where paragraph (g) of sub-paragraph (1) applies, the governing body of the school shall repay the grant referred to in that paragraph to the [F7local authority] by whom the school is maintained, unless the governing body and the authority otherwise agree.

(12)Where the trustees of a foundation [F23or voluntary] school [F24in Wales] wish, in the case of any land held by them for the purposes of the school, to use the land for purposes not connected with the provision of education in maintained schools—

(a)the preceding provisions of this paragraph shall apply as if any such change of use of the land were a disposal of the land; and

(b)the value of the land as at the date of any determination under sub-paragraph (3) or of any direction under sub-paragraph (9) shall be treated as proceeds of the disposal of the land.

Textual Amendments

F1Words in Sch. 22 para. 3(1) inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 5(2)(a) (with s. 119)

F2Words in Sch. 22 para. 3(1) substituted (W.) (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 19(14)(d)(i); S.I. 2013/1800, art. 3(j)

F3Words in Sch. 22 para. 3(1) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 7(2)(a); S.I. 2007/935, art. 7(p) (with art. 8(5))

F4Words in Sch. 22 para. 3(1)(a) inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 5(2)(b) (with s. 119)

F5Words in Sch. 22 para. 3(1)(a) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 7(2)(b), Sch. 18 Pt. 6; S.I. 2007/935, art. 7(p)(q) (with art. 8(5))

F6Sch. 22 para. 3(1)(aa) inserted (W.) (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 19(14)(d)(ii); S.I. 2013/1800, art. 3(j)

F7Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

F8Sch. 22 para. 3(1)(d) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 7(2)(c), Sch. 18 Pt. 6; S.I. 2007/935, art. 7(p)(q) (with art. 8(5))

F9Words in Sch. 22 para. 3(1)(f) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 7(2)(d), Sch. 18 Pt. 6; S.I. 2007/935, art. 7(p)(q) (with art. 8(5))

F10Words in Sch. 22 para. 3(2) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 7(3); S.I. 2007/935, art. 7(p) (with art. 8(5))

F11Sch. 22 para. 3(2A) inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 5(3) (with s. 119)