Part V

Miscellaneous and general

Other miscellaneous provisions

Designated institutions: disposal of land, &c.
144
1
This section applies to land which after the coming into force of this section is transferred to trustees under section 32(3)(b) of the Further and Higher Education Act 1992 (transfer of property on designation of institution).
2
This section also applies to land which—
a
is held by trustees for the purposes of an institution which became a designated institution after the coming into force of this section, and
b
was acquired or enhanced in value wholly or partly by means of money paid under section 65 of the Education Act 1996 (grants) or paragraph 5 of Schedule 3 to the School Standards and Framework Act 1998 (grants).
3
If trustees dispose of land to which this section applies they shall notify the appropriateauthority.
4
If trustees dispose of land to which this section applies they shall pay to the appropriate authority so much of the proceeds of disposal as may be determined to be just—
a
by agreement between the trustees and the authority, or
b
in default of agreement,
i
if the land is in England, the Secretary of State;
ii
if the land is in Wales, by an arbitrator to be appointed (the expense of which shall be borne equally by the trustees and the National Assembly for Wales) in default of agreement, by the President of the Chartered Institute of Arbitrators.
5
In making a determination under subsection (4) regard shall be had, in particular, to—
a
the value of the land at the date of the determination, and
b
any enhancement of the land’s value which is attributable to expenditure by the trustees or the governing body of the designated institution.
6
More than one determination may be made under subsection (4) in relation to a particular disposal where it is just to do so, in particular where the disposal involves the creation of a lease.
7
If trustees permit land to which this section applies to be used for purposes not connected with the designated institution—
a
they shall be treated for the purposes of this section as having disposed of the land, and
b
subsection (4) shall have effect as if the reference to the proceeds of disposal were a reference to the value of the land.
8
Where a designated institution has ceased to exist—
a
this section applies to land which satisfied subsection (1) or (2) immediately before the institution ceased to exist, and
b
in subsection (7) the reference to purposes not connected with the designated institution shall be treated as a reference to purposes not connected with an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992).
9
In this section “the appropriate authority” means—
a
the Young People’s Learning Agency for England, in respect of land in England held for the purposes of a sixth form college;
aa
the Chief Executive of Skills Funding, in respect of any other land in England;
b
the National Assembly for Wales, in respect of land in Wales.
S. 144 wholly in force at 1.4.2001; s. 144 not in force at Royal Assent see s. 154; s. 144 in force for E. at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; s. 144 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
1992 c. 13.
1996 c. 56.
1998 c. 31.
1992 c. 13.
Word in s. 144(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 77(a) (with art. 7)
Word in s. 144(4) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 77(b) (with art. 7)
Word in s. 144(9) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 77(d)(i) (with art. 7)
Words in s. 144(9)(b) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 77(d)(ii) (with art. 7)
S. 144(9)(a)(aa) substituted for s. 144(9)(a) (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 100 (with art. 2(3))
Word in s. 144(4)(b) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 77(c) (with art. 7)