Academies Act 2010

[F1 Power of Secretary of State to make direction on proposed disposal of Academy land E+W

Textual Amendments

F1 Sch. 1 substituted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 14 para. 1; S.I. 2012/84, art. 3 (with art. 5)

17 (1) This paragraph applies to a disposal of publicly funded land that is held by a person (“P”) for the purposes of an Academy. E+W

(2) P must give the Secretary of State notice of P's intention to dispose of the land.

(3) In determining whether, and how, to give notice to the Secretary of State under sub-paragraph (2), P must have regard to any guidance given from time to time by the Secretary of State.

(4) On receipt of the notice, the Secretary of State must—

(a) decide whether to make a direction under sub-paragraph (7) in respect of the land specified in the notice, and

(b) notify P of that decision.

(5) P may not dispose of the land until P has been notified of the Secretary of State's decision.

(6) If the Secretary of State decides to make a direction in respect of the land, P may not dispose of the land except in accordance with the direction.

(7) The Secretary of State may make one or more of the following directions—

(a) a direction that the land or any part of the land be transferred to such local authority as the Secretary of State may specify, subject to the payment by that local authority of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate;

(b) a direction that P pay, either to the Secretary of State or to such local authority as the Secretary of State may specify, the whole or any part of the value, as at the date of the direction, of the whole or any part of the land;

(c) a direction that the land or any part of the land be transferred to a person concerned with the running of an Academy, subject to the payment by that person or the Secretary of State of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate;

(d) in the case of playing field land, a direction that the disposal is not to be made.

(8) In this paragraph—

(a) “playing field land” means land in the open air which is provided for the purposes of physical education or recreation, other than any land falling within a description prescribed under section 77(7) of SSFA 1998;

(b) references to a disposal of land include references to a change of use of the land in cases where the land is no longer to be used for the purposes of an Academy.]