School Standards and Framework Act 1998

Notice by trustees terminating foundation or voluntary school’s occupation of existing site E+W

8 (1) This paragraph applies where trustees have given a notice falling within section 30(10) [F1 or section 80(11) of the School Standards and Organisation (Wales) Act 2013] which is effective to terminate a foundation or voluntary school’s occupation of any land (“the relevant premises”). E+W

(2) If any expenditure has been incurred on the relevant premises as mentioned in section 30(2)(a) to (d) [F2 or section 80(2) of the School Standards and Organisation (Wales) Act 2013], the [F3 appropriate authority] may impose any requirements that [F4 the appropriate authority] thinks just—

(a) in respect of the repayment by the trustees of all or part of any such expenditure which was incurred by [F5 the appropriate authority];

(b) in respect of the transfer by the trustees to the [F6 local authority] of the whole or part of the relevant premises where [F4 the appropriate authority] is satisfied [F7 the [F6 local authority]] will need them for any purpose connected with education;

(c) (to the extent that the relevant premises are to be so transferred) in respect of the payment by [F7 the [F6 local authority]] to the trustees of so much of the value of those premises as is just having regard to the extent to which the premises were provided otherwise than at public expense;

(d) (to the extent that the relevant premises are not to be so transferred) in respect of the payment by the trustees to [F7 the [F6 local authority]] of so much of the value of those premises as is just having regard to the extent to which they were provided at public expense.

(3) In sub-paragraph (2) “at public expense” means at the expense of—

(a) the Funding Agency for Schools, or

(b) any [F6 local authority] or an authority within section 30(2)(d).

Textual Amendments

F1 Words in Sch. 22 para. 8(1)(a) inserted (W.) (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 19(14)(h)(i); S.I. 2013/1800, art. 3(j)

F2 Words in Sch. 22 para. 8(2) inserted (W.) (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 19(14)(h)(ii); S.I. 2013/1800, art. 3(j)

F3 Words in Sch. 22 para. 8(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 12(a); S.I. 2007/935, art. 7(p)

F4 Words in Sch. 22 para. 8(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 12(b); S.I. 2007/935, art. 7(p)

F5 Words in Sch. 22 para. 8(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 12(c); S.I. 2007/935, art. 7(p)

F6 Words 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))

F7 Words in Sch. 22 para. 8(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 12(d); S.I. 2007/935, art. 7(p)