SCHEDULES

SCHEDULE 4Disposals and changes of use of land

Part 2Amendments to section 77 of SSFA 1998

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1

Section 77 of SSFA 1998 (control of disposals or changes of use of school playing fields in relation to England) is amended as follows.

2

In subsection (1)—

a

for “Except” substitute “ Subject to subsections (2A) and (2B), except ”, and

b

after “a body” insert “ or trustees ”.

3

For subsection (2) substitute—

2

Subsection (1) applies to—

a

a local authority;

b

the governing body of a maintained school;

c

a foundation body;

d

the trustees of a foundation, voluntary or foundation special school.

4

After subsection (2) insert—

2A

Subsection (1) applies in the case of a disposal by the trustees of a foundation, voluntary or foundation special school, only if the disposal is of land falling within paragraph A13(1), (2) or (3) of Schedule 22.

2B

Subsection (1) does not apply—

a

to a disposal in pursuance of a transfer order under paragraph A23 of that Schedule, or

b

to a disposal to which paragraph 5 or 6 of Schedule 22 (disposals on discontinuance) applies.

5

In subsection (3)—

a

for “Except” substitute “ Subject to subsections (4) and (4A), except ”,

b

for “a local authority” substitute “ a body or trustees to whom subsection (1) applies ”, and

c

for “falling within subsection (1)” substitute “ which falls within subsection (1) or is excluded from that subsection by subsection (2B)(a) or (b) ”.

6

In subsection (4) omit “by a local authority”.

7

After subsection (4) insert—

4A

Subsection (3) applies in relation to the trustees of a foundation, voluntary or foundation special school only if the playing fields in question are land falling within paragraph A13(1), (2) or (3) of Schedule 22.

8

In subsection (7), at the appropriate place, insert—

“maintained school” includes a maintained nursery school;