School Standards and Framework Act 1998

• (b) a grant is paid under sub-paragraph (2) in the case of any school which is established as a voluntary aided school,

the grant shall for the purposes of section 30(2) be treated as expenditure incurred by the Secretary of State (otherwise than in connection with repairs) in respect of the school premises.

• (7) In this paragraph “relevant body”, in relation to a voluntary aided school, means the appropriate diocesan authority or the school’s trustees.

Loans by Secretary of State in respect of initial expensesexpenditure

7

• (1) Where, on the application of the governing body of a voluntary aided school and after consulting persons representing the governing body, the Secretary of State—

• (a) is satisfied that the governing body’s share of any initial expenditure required in connection with the school premises will involve capital expenditure, and

• (b) having regard to all the circumstances of the case, considers that that capital expenditure ought properly to be met by borrowing,

he may make a loan to the governing body for the purpose of helping them meet that expenditure.

• (2) The amount, rate of interest and other terms and conditions applicable to the loan shall be such as may be specified in an agreement made between the Secretary of State and the governing body with the consent of the Treasury.

• (3) For the purposes of this paragraph “initial expenditure” is expenditure to be incurred in providing—

• (a) a site or . . . buildings for a voluntary aided school in connection with—

• (i) the implementation of any proposals for a prescribed alteration to the school published under section 28, or

• (ii) the transfer of the school to a new site, or

• (b) a site or . . . buildings for a new voluntary aided school,

being expenditure in respect of which grants may be paid under paragraph 5.

• (4) For the purposes of this paragraph the governing body’s share of any initial expenditure shall be taken to be so much of the expenditure as remains to be borne by the governing body after taking into account the amount of any grant under paragraph 5 that may be paid or payable in respect of them.

• (5) The preceding provisions of this paragraph shall apply for the purpose of enabling loans to be made to a relevant body (within the meaning of paragraph 5) in respect of expenditure incurred by that body on behalf of the governing body as it applies to expenditure incurred by the governing body; and in those provisions, as they apply in relation to a new voluntary aided school, references to the governing body are to the promoters.

• (6) Paragraph 3(3) of Schedule 10 (consent to borrowing) does not apply to any borrowing by a governing body under this paragraph.

Assistance by local authorities in respect of maintenance and other obligations of governing bodies

8

A local authority may give to the governing body of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by the governing body of any obligation under paragraph 3.

Duty to transfer interest in premises provided under paragraph 8

9

• (1) Where assistance under paragraph 8 consists of the provision of any premises for use for the purposes of a school, the local authority shall transfer their interest in the premises—

• (a) to the trustees of the school, to be held by them on trust for the purposes of the school, or

• (b) if the school has no trustees, to the school’s foundation body, to be held by that body for the relevant purposes.

• (2) If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it shall be made to such persons as the Secretary of State thinks proper.

• (3) The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

• (4) In this paragraph “the relevant purposes” means, in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts.

Meaning of “capital expenditure”

9A

• (1) This paragraph applies for the purposes of this Schedule as it applies in relation to England.

• (2) Subject to sub-paragraphs (3) and (4), references in this Schedule to capital expenditure, in relation to an appropriate body or the promoters, in the case of a voluntary aided school, are references to—

• (a) expenditure of the body or, as the case may be, the promoters which falls to be capitalised in accordance with proper accounting practices, or

• (b) expenditure which would fall to be so capitalised were it to be incurred by the body or, as the case may be, the promoters.

• (3) The Secretary of State may by regulations prescribe classes or descriptions of expenditure which are to be treated for the purposes of this Schedule as being, or as not being, capital expenditure in relation to—

• (a) any appropriate body, or any prescribed class or description of appropriate body;

• (b) any promoters, or any prescribed class or description of promoters.

• (4) The Secretary of State may by direction provide that, in the case of a particular voluntary aided school—

• (a) expenditure of a particular appropriate body which is expenditure of a particular class or description;

• (b) expenditure of particular promoters which is expenditure of a particular class or description,

is to be treated for the purposes of this Schedule as being, or as not being, capital expenditure in relation to that body, or as the case may be, those promoters.

• (5) Directions under sub-paragraph (4) may be expressed to have effect in specified circumstances or subject to specified conditions.

• (6) In this paragraph an “appropriate body”, in the case of a voluntary aided school, means—

• (a) the governing body of the school, or

• (b) a relevant body in relation to the school (within the meaning of paragraph 5).

9B

• (1) For the purposes of paragraph 9A, “proper accounting practices”, in relation to an appropriate body or the promoters, in the case of a voluntary aided school, means those accounting practices—

• (a) which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the appropriate body, or as the case may be, the promoters, or

• (b) which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the local authority.

• (2) In the event of conflict between the accounting practices falling within paragraph (a) of sub-paragraph (1) and those falling within paragraph (b) of that sub-paragraph, only those falling within paragraph (a) are to be regarded as proper accounting practices.

• (3) In this paragraph an “appropriate body”, in the case of a voluntary aided school, has the same meaning as in paragraph 9A.

Part III — Foundation, voluntary and foundation special schools: common provisions

Default powers of Secretary of State

10

• (1) Where it appears to the Secretary of State that a local authority have defaulted in the discharge of their duties relating to the maintenance of a foundation, voluntary or foundation special school, he may—

• (a) direct that any act done by or on behalf of the school’s governing body for the purpose of securing the proper maintenance of the school shall be taken to have been done by or on behalf of the authority, and

• (b) reimburse to the governing body any sums which in his opinion they have properly expended for that purpose.

• (2) The amount of any sum reimbursed under sub-paragraph (1) shall be recoverable by the Secretary of State as a debt due to him from the authority; and without prejudice to any other method of recovery the whole or any part of any such sum may be deducted from any sums payable to the authority by the Secretary of State in pursuance of any regulations relating to the payment of grants.

Endowments

11

Where any sums accruing in respect of the income of an endowment are required by virtue of the provisions of a trust deed to be applied towards the maintenance of a foundation, voluntary or foundation special school, those sums shall not be payable to the local authority but shall be applied by the governing body of the school—

• (a) (in the case of a voluntary aided school) towards the discharge of their obligations under paragraph 3, or

• (b) (in the case of any school) in such manner, if any, as may be determined by a scheme for the administration of the endowment made after 1st April 1945.

Disapplication of restriction on local authority disposals

12

Subsection (2) of section 123 of the Local Government Act 1972 (local authority prohibited from making disposal of land under that section below market value without consent of the Secretary of State) shall not apply in the case of a disposal—

• (a) to the governing body of a foundation, voluntary or foundation special school, or

• (b) to persons proposing to establish such a school.

SCHEDULE 4

Interpretation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Election of chairmen and appointment of members

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allowances for members

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial and other assistance by Local Education AuthorityLEA

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Indemnity

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Default powers of Secretary of State

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5

Interpretation

1

In this Schedule “adjudicator” means a person appointed under section 25.

Tenure of office

2

• (1) Subject to sub-paragraphs (2) and (3), an adjudicator shall hold and vacate office in accordance with the terms of his appointment.

• (2) An adjudicator—

• (a) may at any time resign his office by notice in writing to the Secretary of State; and

• (b) is eligible for re-appointment if he ceases to hold office.

• (3) An adjudicator may be removed from office by the Secretary of State on the ground of incapacity or misbehaviour.

Remuneration and pensions

3

• (1) The Secretary of State may pay to an adjudicator such remuneration and allowances as the Secretary of State may determine.

• (2) If the Secretary of State so determines in the case of any adjudicator, the Secretary of State may pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

Staff and accommodation etc.

4

The Secretary of State may—

• (a) provide an adjudicator with such administrative staff as the adjudicator may require; and

• (b) provide, or defray the expenses of providing, an adjudicator with such accommodation and other facilities as the adjudicator may require.

Procedure

5

• (1) Regulations may make provision as to the procedure to be followed in connection with the reference, under this Part or Part III of this Act or under Part 2 of the Education and Inspections Act 2006, of matters to adjudicators and their determination of matters so referred.

• (2) The regulations may, in particular, make provision—

• (a) as to the manner in which matters may be referred to adjudicators;

• (b) for determining the adjudicators to which individual referrals are to be made;

• (c) authorising adjudicators to hold local inquiries;

• (d) as to the procedure to be followed where local inquiries are held by adjudicators (whether by virtue of paragraph (c) or otherwise);

• (e) authorising adjudicators to appoint assessors to sit with them at such inquiries to advise them on matters arising;

• (f) requiring anything falling to be done under the regulations to be done within such period as may be specified in or determined in accordance with the regulations.

• (3) Subject to any provision made by the regulations, an adjudicator may regulate his own procedure.

• (4) The Secretary of State may make orders—

• (a) as to the costs of the parties at any local inquiry held by an adjudicator (whether by virtue of sub-paragraph (2)(c) or otherwise), and

• (b) as to the parties by whom the costs are to be paid;

and any costs payable under any such order shall be subject to taxation in such manner as the Secretary of State may direct.

6

When taking any decision an adjudicator shall have regard (so far as relevant) to the obligations which, by virtue of—

• (a) section 149 of the Equality Act 2010,

• (b) Parts 3 and 6 of the Equality Act 2010,

are owed by any local authority or governing body which will be affected by the decision.

Indemnity

7

The Secretary of State shall indemnify an adjudicator against any reasonable legal costs and expenses reasonably incurred by him in connection with any decision or action taken by him in good faith in pursuance of his functions as an adjudicator.

Parliamentary disqualification

8

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), at the appropriate place there shall be inserted—

Adjudicator appointed under section 25 of the School Standards and Framework Act 1998.

Parliamentary Commissioner

9

For the purposes of section 5 of the Parliamentary Commissioner Act 1967 (matters subject to investigation) administrative functions exercisable by any person provided by the Secretary of State under paragraph 4 above shall be taken to be administrative functions of the Department for Education.

Supervision of Council on Tribunals

10

• (1) In section 7 of the Tribunals and Inquiries Act 1992 (which restricts Ministers’ powers to remove members of tribunals listed in Schedule 1 to that Act) in subsection (2) (tribunals to which that section does not apply) after “14,” there shall be inserted “ 15(f), ”.

• (2) In Schedule 1 to that Act (tribunals under the supervision of the Council on Tribunals) at the end of paragraph 15 (tribunals concerned with education) there shall be inserted—

	(f) an adjudicator appointed under section 25 of the School Standards and Framework Act 1998.

SCHEDULE 6

Part I — Procedure for dealing with statutory proposals: England

Application of Part I

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Objections

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval of proposals

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination by Local Education AuthorityLEA whether to implement proposals

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to implement proposals

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — procedure for dealing with statutory proposals

Application of Part II

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Objections

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval of proposals

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination whether to implement proposals

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to implement proposals

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — Manner of implementation of statutory proposals

Introductory

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proposals relating to community or maintained nursery schools

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proposals relating to foundation or voluntary controlled schools

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proposals relating to voluntary aided schools

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proposals relating to community or foundation special schools

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV — Provision of premises and other assistance

Provision of site and buildings for foundation, voluntary controlled or foundation special school

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grants in respect of certain expenditure relating to existing or proposed voluntary aided school

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance in respect of maintenance and other obligations relating to voluntary aided school

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance for promoters of new voluntary aided school

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to transfer interest in premises provided under paragraph 18 or 19

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V — Transitional exemption orders for purposes of Sex Discrimination Act 1975

...

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Single-sex schools

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7

Part I — Introductory

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Directions to bring forward proposals

Directions to bring forward proposals to remedy excessive provision

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directions to bring forward proposals to remedy insufficient provision

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — PROPOSALS BY NATIONAL ASSEMBLY FOR WALES

Publication of proposals

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV — Procedure for dealing with proposals under paragraph 5: England

Application of Part IV

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Objections

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval of proposals

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local inquiry into proposals

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Implementation of proposals

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V — Procedure for dealing with proposals under paragraph 5: Wales

Application of Part V

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Objections

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local inquiry into proposals

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adoption of proposals

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Implementation of proposals

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VI — Transitional exemption orders for purposes of Sex Discrimination Act 1975

Single-sex schools: England

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Single-sex schools: Wales

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8

Permitted changes of category

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure for changing category of school

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mandatory publication of proposals for voluntary aided school to change category

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on changing category of school

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Implementation of proposals

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 13

Community and community special schools: general

1

• (1) This paragraph applies to a community or community special school.

• (2) The occupation and use of the premises of the school, both during and outside school hours, shall be under the control of the governing body, subject to—

• (a) any directions given by the local education authority under sub-paragraph (3);

• (b) any transfer of control agreement entered into by the governing body under paragraph 2; and

• (c) any requirements of an enactment other than this Act or regulations made under it.

• (3) The local education authority may give such directions as to the occupation and use of the premises of a community or community special school as they think fit.

• (4) In exercising control of the occupation and use of the premises of the school outside school hours the governing body shall have regard to the desirability of those premises being made available for community use.

Transfer of control agreement in case of community or community special school

2

• (1) Subject to sub-paragraph (2), the governing body of a community or community special school may enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the school premises.

• (2) The governing body shall not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the school premises during school hours unless they have first obtained the local education authority’s consent to the agreement in so far as it makes such provision.

• (3) A transfer of control agreement shall be taken to include the following terms, namely—

• (a) that the governing body shall notify the controlling body of any directions given to the governing body under paragraph 1(3);

• (b) that the controlling body, in exercising control of the use of any premises subject to the agreement—

• (i) shall do so in accordance with any directions from time to time notified to that body in pursuance of paragraph (a); and

• (ii) shall have regard to the desirability of the premises being made available for community use; and

• (c) that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then—

• (i) the use of the specified premises at those times shall be under the control of the governing body, and

• (ii) accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,

even though their use at those times would, apart from this paragraph, be under the control of the controlling body.

• (4) Sub-paragraph (5) applies where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement.

• (5) In such a case paragraph (c) of sub-paragraph (3) shall not have effect in relation to the transfer of control agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.

• (6) Where the governing body enter into a transfer of control agreement, they shall so far as reasonably practicable secure that the controlling body exercises control in accordance with any such directions as are notified to that body in pursuance of sub-paragraph (3)(a).

• (7) In this paragraph—

• “the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;

• “transfer of control agreement” means an agreement which (subject to sub-paragraph (3)) provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.

Foundation and foundation special schools: general

3

• (1) This paragraph applies to a foundation or foundation special school.

• (2) The occupation and use of the premises of the school, both during and outside school hours, shall be under the control of the governing body, subject to—

• (a) any transfer of control agreement entered into by the governing body under paragraph 4; and

• (b) any requirements of an enactment other than this Act or regulations made under it.

• (3) In exercising control of the occupation and use of the premises of the school outside school hours the governing body shall have regard to the desirability of those premises being made available for community use.

• (4) Where the school has a trust deed which provides for any person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control agreement made under paragraph 4) the use of those premises is or would be under the control of such a person—

• (a) this paragraph, and

• (b) paragraph 4,

shall have effect in relation to the school with the substitution of references to that person for references to the governing body.

Transfer of control agreement in case of foundation or foundation special school

4

• (1) Subject to sub-paragraph (2), the governing body of any foundation or foundation special school shall have power to enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the school premises; and—

• (a) they may do so even though the school has a trust deed that would, apart from this sub-paragraph, expressly or impliedly preclude them from entering into such an agreement with that body or person or from conferring control on the controlling body in question; but

• (b) they shall not enter into a transfer of control agreement unless the use to which the premises may be put under the agreement is in all other respects in conformity with any such requirements, prohibitions or restrictions imposed by any such trust deed as would apply if control were being exercised by the governing body.

• (2) The governing body shall not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the school premises during school hours unless they have first obtained the Secretary of State’s consent to the agreement in so far as it makes such provision.

• (3) A transfer of control agreement shall be taken to include the following terms, namely—

• (a) that the controlling body, in exercising control of the use of any premises subject to the agreement, shall have regard to the desirability of the premises being made available for community use; and

• (b) that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then—

• (i) the use of the specified premises at those times shall be under the control of the governing body, and

• (ii) accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,

even though their use at those times would, apart from this paragraph, be under the control of the controlling body.

• (4) Sub-paragraph (5) applies where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement.

• (5) In such a case paragraph (b) of sub-paragraph (3) shall not have effect in relation to the transfer of control agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.

• (6) In this paragraph—

• “the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;

• “transfer of control agreement” means an agreement which (subject to sub-paragraph (3)) provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.

Voluntary schools: general

5

• (1) This paragraph applies to a voluntary school.

• (2) The occupation and use of the premises of the school, both during and outside school hours, shall be under the control of the governing body, subject to—

• (a) any directions given by the local education authority—

• (i) (in the case of a voluntary controlled school) under sub-paragraph (3), or

• (ii) (in the case of a voluntary aided school) under paragraph 7(3);

• (b) any transfer of control agreement entered into by the governing body under paragraph 6; and

• (c) any requirements of an enactment other than this Act or regulations made under it.

• (3) The local education authority may give such directions as to the occupation and use of the premises of a voluntary controlled school as they think fit (subject to paragraph 7(1) and (2)).

• (4) Where the trust deed for a voluntary school provides for any person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control agreement made under paragraph 6) the use of those premises is or would be under the control of such a person—

• (a) this paragraph, and

• (b) paragraphs 6 and 7,

shall have effect in relation to the school with the substitution of references to that person for references to the governing body.

Transfer of control agreement in case of voluntary school

6

• (1) Subject to sub-paragraph (2), the governing body of any voluntary school shall have power to enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the school premises; and—

• (a) they may do so even though the trust deed for the school would, apart from this sub-paragraph, expressly or impliedly preclude them from entering into such an agreement with that body or person or from conferring control on the controlling body in question; but

• (b) they shall not enter into a transfer of control agreement unless the use to which the premises may be put under the agreement is in all other respects in conformity with any such requirements, prohibitions or restrictions imposed by the trust deed as would apply if control were being exercised by the governing body.

• (2) The governing body shall not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the school premises during school hours unless they have first obtained the local education authority’s consent to the agreement in so far as it makes such provision.

• (3) A transfer of control agreement shall be taken to include the following terms, namely—

• (a) that the governing body shall notify the controlling body of—

• (i) any directions given to the governing body under paragraph 5(3) (in the case of a voluntary controlled school) or paragraph 7(3) (in the case of a voluntary aided school); and

• (ii) any determination made by the foundation governors under paragraph 7(2) (in the case of a voluntary controlled school);

• (b) that the controlling body, in exercising control of the use of any premises subject to the agreement—

• (i) shall do so in accordance with any directions or determinations from time to time notified to that body in pursuance of paragraph (a); and

• (ii) shall have regard to the desirability of the premises being made available for community use; and

• (c) that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then—

• (i) the use of the specified premises at those times shall be under the control of the governing body, and

• (ii) accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,

even though their use at those times would, apart from this paragraph, be under the control of the controlling body.

• (4) Sub-paragraph (5) applies where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement.

• (5) In such a case paragraph (c) of sub-paragraph (3) shall not have effect in relation to the transfer of control agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.

• (6) Where the governing body enter into a transfer of control agreement, they shall so far as reasonably practicable secure that the controlling body exercises control in accordance with any such directions or determinations as are notified to that body in pursuance of sub-paragraph (3)(a).

• (7) In this paragraph—

• “the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;

• “transfer of control agreement” means an agreement which (subject to sub-paragraph (3)) provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.

Control of use of premises of voluntary school outside school hours

7

• (1) The governing body may determine the use to which the premises of a voluntary controlled school (or any part of them) are put on Saturdays when not required—

• (a) for the purposes of the school, or

• (b) for any purpose connected with education or with the welfare of the young for which the local education authority desire to provide accommodation on the premises (or on the part in question).

• (2) The foundation governors may determine the use to which the premises of a voluntary controlled school (or any part of them) are put on Sundays.

• (3) If the local education authority—

• (a) desire to provide accommodation for any purpose connected with education or with the welfare of the young, and

• (b) are satisfied that there is no suitable alternative accommodation in their area for that purpose,

they may direct the governing body of a voluntary aided school to provide accommodation free of charge for that purpose on the school premises (or any part of them) on any weekday when not needed for the purposes of the school.

• (4) The local education authority shall not exercise their power under sub-paragraph (3) so as to direct the governing body to provide accommodation on more than three days in any week.

• (5) In exercising control of the occupation and use of the premises of a voluntary school outside school hours the governing body shall have regard to the desirability of those premises being made available for community use.

Saving

8

The power of the governing body of a maintained school to control the occupation and use of the premises of the school shall be subject to any arrangements made under or by virtue of—

• (a) an agreement made under paragraph 1 or 2 of Schedule 10 to the Education Reform Act 1988 or a determination made in accordance with paragraph 62 or 63 of Schedule 8 to the Further and Higher Education Act 1992; or

• (b) an agreement made under paragraph 1 or 2 of Schedule 5 to the Further and Higher Education Act 1992 or a determination made in accordance with paragraph 3 or 4 of that Schedule.

Interpretation

9

In this Schedule—

• “community use” means the use of school premises (when not required by or in connection with the school) by members of the local community;

• “school hours” means any time during a school session or during a break between sessions on the same day;

• “school session”, in relation to any school, means a school session beginning and ending at such times as may from time to time be determined for that school in accordance with section 41.

SCHEDULE 14

Publication of schemes

1

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) A scheme maintained by a local authority under section 48(1) shall be published in such manner as may be prescribed—

• (a) on its coming into force as revised under this Schedule, and

• (b) on such other occasions as may be prescribed.

Revision of schemes

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2A

• (1) A local authority may, in accordance with this paragraph, revise the whole or part of the scheme maintained by them under section 48(1).

• (2) In revising the scheme, the local authority shall take into account any guidance given by the Secretary of State, whether—

• (a) generally, or

• (b) in relation to that authority or any class or description of local authorities to which that authority belongs,

as to the provisions the Secretary of State regards as appropriate for inclusion in the scheme.

• (3) As regards any proposed variation of the scheme, the authority—

• (a) shall first consult the governing body and head teacher of every school maintained by the authority (within the meaning of this Chapter), and

• (b) shall then submit a copy of their proposals to the authority's schools forum for their approval.

• (4) The Secretary of State may by a direction revise the whole or any part of a scheme maintained by a local authority in England as from such date as may be specified in the direction.

• (5) Before giving such a direction the Secretary of State must consult the local authority and such other persons as the Secretary of State thinks fit.

2B

• (1) Regulations may make provision preventing schemes as revised from coming into force unless they are approved in accordance with the regulations by the local authority's schools forum or by the Secretary of State.

• (2) The regulations may in particular—

• (a) prescribe circumstances in which proposals which have been submitted to a local authority's schools forum may be submitted to the Secretary of State,

• (b) enable the schools forum or the Secretary of State to approve proposals with modifications, and

• (c) enable the schools forum or the Secretary of State, in giving their or his approval, to specify the date on which the scheme as revised is to come into force.

SCHEDULE 15

Suspension of financial delegation for mismanagement, etc.

1

• (1) This paragraph applies where it appears to the local authority that the governing body of a school which has a delegated budget—

• (a) have been guilty of a substantial or persistent failure to comply with any delegation requirement or restriction, ...

• (b) are not managing in a satisfactory manner the expenditure or appropriation of the sum referred to in section 50(1) or

• (c) are not managing in a satisfactory manner any expenditure, or sums received, in the exercise of the power conferred by section 27 of the Education Act 2002 (power to provide community facilities etc.).

• (2) The authority may suspend the governing body’s right to a delegated budget by giving the governing body not less than one month’s notice of the suspension, unless by reason of any gross incompetence or mismanagement on the part of the governing body or other emergency it appears to the authority to be necessary—

• (a) to give the governing body a shorter period of notice, or

• (b) to give the governing body a notice suspending their right to such a budget with immediate effect.

• (3) The notice must specify the grounds for the suspension, giving particulars—

• (a) of any alleged failure on the part of the governing body to comply with any delegation requirement or restriction;

• (b) of any alleged mismanagement on their part; and

• (c) if applicable, of the basis upon which a period of notice of less than one month was given under sub-paragraph (2).

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) A copy of the notice must be given to the head teacher of the school at the same time as the notice is given to the governing body.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In this paragraph “delegation requirement or restriction” means any requirement or restriction applicable, under or by virtue of the scheme or section 50(3), to the management by the governing body of the school’s budget share.

• (8) Any notice given under this paragraph must be in writing.

Review of suspension

2

• (1) The local authority concerned—

• (a) shall review before the beginning of every funding period any suspension under paragraph 1 which is for the time being in force, unless the suspension took effect less than two months before the beginning of that period; and

• (b) may review at any time any suspension under paragraph 1 which is for the time being in force, if they consider it appropriate to do so.

• (2) For the purposes of any review under sub-paragraph (1), the authority shall give the governing body and the head teacher of the school an opportunity of making representations with respect to the suspension.

• (3) If on the review the authority consider it appropriate to do so, they shall revoke the suspension—

• (a) (in the case of a review under sub-paragraph (1)(a)) with effect from the beginning of the funding period next following the review; or

• (b) (in the case of a review under sub-paragraph (1)(b)) with effect from such time before the beginning of the funding period next following the review as they may determine.

• (4) The authority shall give the governing body and the head teacher notice in writing of their decision on the review.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal against suspension or refusal to revoke it

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of suspension of right to delegated budget

4

• (1) During any period when a governing body’s right to a delegated budget is suspended under paragraph 1—

• (a) the local authority’s duty under section 50(1) shall not apply in relation to the school; but

• (b) the authority may permit the governing body to take such decisions as to the spending of sums to be met from the school’s budget share as the authority consider appropriate.

• (2) Where in accordance with sub-paragraph (1)(b) the governing body have decided that a particular sum should be spent, they shall, in spending that sum, comply with such reasonable conditions as the authority think fit to impose.

• (3) The governing body may, to such extent as they may specify, delegate their powers in relation to that sum to the head teacher.

Schedule 16

Staffing of community, voluntary controlled and community special schools

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 19

Introductory

1

• (1) In this Schedule “the required provision for religious education”, in relation to a school, means the provision for pupils at the school which is required by section 80(1)(a) ... of the Education Act 2002 to be included in the school’s basic curriculum.

• (2) In this Schedule “agreed syllabus” has the meaning given by section 375(2) of the Education Act 1996.

Community schools and foundation and voluntary schools without a religious character

2

• (1) This paragraph applies to—

• (a) any community school in England ; and

• (b) any foundation or voluntary school in England which does not have a religious character.

• (2) Subject to sub-paragraph (4), the required provision for religious education in the case of pupils at the school is provision for religious education in accordance with an agreed syllabus adopted for the school or for those pupils.

• (3) If the school is a secondary school so situated that arrangements cannot conveniently be made for the withdrawal of pupils from it in accordance with section 71 to receive religious education elsewhere and the local authority are satisfied—

• (a) that the parents of any pupils at the school desire them to receive religious education in the school in accordance with the tenets of a particular religion or religious denomination, and

• (b) that satisfactory arrangements have been made for the provision of such education to those pupils in the school, and for securing that the cost of providing such education to those pupils in the school will not fall to be met from the school’s budget share or otherwise by the authority,

the authority shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) provide facilities for the carrying out of those arrangements.

• (4) If immediately before the appointed day the school was a grant-maintained school (within the meaning of the Education Act 1996), and in relation to the school or any pupils at the school the appropriate agreed syllabus as defined by section 382 of that Act was a syllabus falling within subsection (1)(c) of that section, then until—

• (a) the end of such period as the Secretary of State may by order prescribe, or

• (b) such earlier date as the governing body may determine,

the required provision for religious education in the case of the school or (as the case may be) those pupils is provision for religious education in accordance with that syllabus.

• (5) No agreed syllabus shall provide for religious education to be given to pupils at a school to which this paragraph applies by means of any catechism or formulary which is distinctive of a particular religious denomination (but this is not to be taken as prohibiting provision in such a syllabus for the study of such catechisms or formularies).

Foundation and voluntary controlled schools with a religious character

3

• (1) This paragraph applies to any foundation or voluntary controlled school in England which has a religious character.

• (2) Subject to sub-paragraph (4), the required provision for religious education in the case of pupils at the school is provision for religious education—

• (a) in accordance with any arrangements made under sub-paragraph (3), or

• (b) subject to any such arrangements, in accordance with an agreed syllabus adopted for the school or for those pupils.

• (3) Where the parents of any pupils at the school request that they may receive religious education—

• (a) in accordance with any provisions of the trust deed relating to the school, or

• (b) where provision for that purpose is not made by such a deed, in accordance with the tenets of the religion or religious denomination specified in relation to the school under section 69(4),

the foundation governors shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for securing that such religious education is given to those pupils in the school during not more than two periods in each week.

• (4) If immediately before the appointed day the school was a grant-maintained school (within the meaning of the Education Act 1996), and in relation to the school or any pupils at the school the appropriate agreed syllabus as defined by section 382 of that Act was a syllabus falling within subsection (1)(c) of that section, then until—

• (a) the end of such period as the Secretary of State may by order prescribe, or

• (b) such earlier date as the governing body may determine,

that syllabus shall be treated for the purposes of sub-paragraph (2)(b) as an agreed syllabus adopted for the school or (as the case may be) those pupils.

Voluntary aided schools with a religious character

4

• (1) This paragraph applies to any voluntary aided school in England which has a religious character.

• (2) The required provision for religious education in the case of pupils at the school is provision for religious education—

• (a) in accordance with any provisions of the trust deed relating to the school, or

• (b) where provision for that purpose is not made by such a deed, in accordance with the tenets of the religion or religious denomination specified in relation to the school under section 69(4), or

• (c) in accordance with any arrangements made under sub-paragraph (3).

• (3) Where the parents of any pupils at the school—

• (a) desire them to receive religious education in accordance with any agreed syllabus adopted by the local authority, and

• (b) cannot with reasonable convenience cause those pupils to attend a school at which that syllabus is in use,

the governing body shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for religious education in accordance with that syllabus to be given to those pupils in the school.

• (4) Religious education under any such arrangements shall be given during the times set apart for the giving of religious education in the school in accordance with the provision for that purpose included in the school’s basic curriculum by virtue of section 80(1)(a) or 101(1)(a) of the Education Act 2002.

• (5) Any arrangements under sub-paragraph (3) shall be made by the governing body, unless the local authority are satisfied that the governing body are unwilling to make them, in which case they shall be made by the authority.

• (6) Subject to sub-paragraph (3), the religious education given to pupils at the school shall be under the control of the governing body.

SCHEDULE 20

Introductory

1

In this Schedule “the required collective worship”, in relation to a school, means the collective worship in that school which is required by section 70.

General provisions as to collective worship

2

• (1) This paragraph applies to any community, foundation or voluntary school.

• (2) The arrangements for the required collective worship may, in respect of each school day, provide for a single act of worship for all pupils or for separate acts of worship for pupils in different age groups or in different school groups.

• (3) For the purposes of sub-paragraph (2) a “school group” is any group in which pupils are taught or take part in other school activities.

• (4) Subject to sub-paragraph (6), the arrangements for the required collective worship shall be made—

• (a) if the school is a community school or a foundation school which does not have a religious character, by the head teacher after consulting the governing body;

• (b) if the school is a foundation school which has a religious character or a voluntary school, by the governing body after consulting the head teacher.

• (5) Subject to sub-paragraph (6), the required collective worship shall take place on the school premises.

• (6) If the governing body of a community, foundation or voluntary school are of the opinion that it is desirable that any act of collective worship in the school required by section 70 should, on a special occasion, take place elsewhere than on the school premises, they may, after consultation with the head teacher, make such arrangements for that purpose as they think appropriate.

• (7) The powers of a governing body under sub-paragraph (6) shall not be exercised so as to derogate from the rule that the required collective worship must normally take place on the school premises.

Nature of collective worship in community schools and foundation schools without a religious character

3

• (1) This paragraph applies to—

• (a) any community school; and

• (b) any foundation school which does not have a religious character.

• (2) Subject to paragraph 4, the required collective worship shall be wholly or mainly of a broadly Christian character.

• (3) For the purposes of sub-paragraph (2), collective worship is of a broadly Christian character if it reflects the broad traditions of Christian belief without being distinctive of any particular Christian denomination.

• (4) Not every act of collective worship in the school required by section 70 need comply with sub-paragraph (2) provided that, taking any school term as a whole, most such acts which take place in the school do comply with that sub-paragraph.

• (5) Subject to sub-paragraphs (2) and (4)—

• (a) the extent to which (if at all) any acts of collective worship required by section 70 which do not comply with sub-paragraph (2) take place in the school,

• (b) the extent to which any act of collective worship in the school which complies with sub-paragraph (2) reflects the broad traditions of Christian belief, and

• (c) the ways in which those traditions are reflected in any such act of collective worship,

shall be such as may be appropriate having regard to any relevant considerations relating to the pupils concerned which fall to be taken into account in accordance with sub-paragraph (6).

• (6) Those considerations are—

• (a) any circumstances relating to the family backgrounds of the pupils which are relevant for determining the character of the collective worship which is appropriate in their case, and

• (b) their ages and aptitudes.

• (7) In this paragraph references to acts of collective worship in the school include such acts which by virtue of paragraph 2(6) take place otherwise than on the school premises.

Disapplication of requirement under paragraph 3(2)

4

• (1) This paragraph applies where a standing advisory council on religious education constituted under section 390 of the Education Act 1996 have determined (under section 394 of the Education Act 1996) that it is not appropriate for the requirement imposed by paragraph 3(2) to apply in the case of any school to which paragraph 3 applies or in the case of any class or description of pupils at any such school.

• (2) While the determination has effect—

• (a) paragraph 3 shall not apply in relation to the school or (as the case may be) the pupils in question, and

• (b) the collective worship required by section 70 in the case of the school or pupils shall not be distinctive of any particular Christian or other religious denomination;

but paragraph (b) shall not be taken as preventing that worship from being distinctive of any particular faith.

Nature of collective worship in foundation schools with a religious character and voluntary schools

5

In the case of a foundation school which has a religious character or a voluntary school, the required collective worship shall be—

• (a) in accordance with any provisions of the trust deed relating to the school, or

• (b) where—

• (i) provision for that purpose is not made by such a deed, and

• (ii) the school has a religious character,

in accordance with the tenets and practices of the religion or religious denomination specified in relation to the school under section 68A or 69(4).

SCHEDULE 21

Part I — General provisions

Introductory

1

In this Schedule any reference to a grant-maintained or grant-maintained special school is a reference to such a school within the meaning of the Education Act 1996.

Effect of transfers under this Schedule

2

• (1) Where any land is transferred to and vests in any body in accordance with this Schedule, any rights or liabilities—

• (a) enjoyed or incurred by the transferor in connection with the land, and

• (b) subsisting immediately before the appointed day,

shall also be transferred to, and by virtue of this Act vest in, that body.

• (2) Any reference in this Schedule, in relation to a school, to land being transferred to, and vesting in, a foundation body is a reference to its being transferred to, and vesting in, that body for the purposes of the schools comprising the group for which that body acts.

• (3) This Schedule is subject to section 198 of the Education Reform Act 1988 (which with Schedule 10 to that Act makes further provision in relation to transfers of property, rights and liabilities), and references in that Schedule as applied by virtue of this sub-paragraph to the transfer date are to the appointed day.

Part II — Rules relating to transfers

Application of Part II

3

• (1) This Part of this Schedule applies to schools which, in accordance with Schedule 2, become community, foundation, voluntary or community special schools on the appointed day.

• (2) This Part has effect subject to Part III of this Schedule.

Transfers for purposes of community schools

4

• (1) This paragraph applies where a grant-maintained school (an “existing school”) becomes a community school.

• (2) In such a case—

• (a) any publicly funded land shall on the appointed day be transferred to, and by virtue of this Act vest in, the local authority;

• (b) any other land which, immediately before that day, is held by the governing body for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement; and

• (c) any land which, immediately before that day, is held by any trustees for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement.

• (3) In this paragraph “publicly funded land” means land which—

• (a) immediately before the appointed day is held by the governing body for the purposes of the existing school, and

• (b) was acquired from a local authority under a transfer under section 201(1)(a) of the Education Act 1996 or from the Funding Agency for Schools or was acquired wholly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of that Act).

• (4) In this paragraph “transfer agreement” means an agreement—

• (a) made for the purposes of sub-paragraph (2) between the local authority and the governing body or (as the case may be) trustees mentioned in that sub-paragraph, and

• (b) providing for the land in question to be transferred to, and vest in, the authority on the appointed day, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.

Transfers for purposes of foundation schools

5

• (1) This paragraph applies where—

• (a) a grant-maintained school (an “existing school”) becomes a foundation school; and

• (b) as from the appointed day the school (as a foundation school) is a member of the group for which a foundation body acts.

• (2) In such a case, any land which, immediately before the appointed day, was held by the governing body for the purposes of the existing school shall on that day be transferred to, and by virtue of this Act vest in, the foundation body.

Transfers for purposes of voluntary schools

6

• (1) This paragraph applies where—

• (a) a grant-maintained school (an “existing school”) becomes a voluntary school; and

• (b) as from the appointed day the school (as a voluntary school) is a member of the group for which a foundation body acts.

• (2) In such a case, any land which, immediately before the appointed day, was held by the governing body for the purposes of the existing school shall on that day be transferred to, and by virtue of this Act vest in, the foundation body.

Transfers for purposes of community special schools

7

• (1) This paragraph applies where a grant-maintained special school (an “existing school”) becomes a community special school.

• (2) In such a case—

• (a) any publicly funded land shall on the appointed day be transferred to, and by virtue of this Act vest in, the local authority;

• (b) any other land which, immediately before that day, is held by the governing body for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement; and

• (c) any land which, immediately before that day, is held by any trustees for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement.

• (3) In this paragraph “publicly funded land” means land which—

• (a) immediately before the appointed day is held by the governing body for the purposes of the existing school, and

• (b) was acquired from a local authority under a transfer under section 201(1)(a) of the Education Act 1996 or from the Funding Agency for Schools or was acquired wholly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of that Act).

• (4) In this paragraph “transfer agreement” means an agreement—

• (a) made for the purposes of sub-paragraph (2) between the local authority and the governing body or (as the case may be) the trustees mentioned in that sub-paragraph, and

• (b) providing for the land in question to be transferred to, and vest in, the authority on the appointed day, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.

Outstanding transfers to existing school

8

Where immediately before the appointed day—

• (a) any land vested in a local authority is by virtue of any statutory provision required to be transferred to the governing body or any trustees of an existing school within the meaning of any of paragraphs 4 to 7, but

• (b) the land has not yet been so transferred,

that paragraph shall apply to the school as if it had been so transferred by that time.

Transfer of rights to use land

9

• (1) Where paragraph 4, 5, 6 or 7 applies to an existing school and any land held by a person or body other than the governing body of the school was, immediately before the appointed day, used for the purposes of the school, any rights or liabilities—

• (a) enjoyed or incurred by the governing body in connection with the use of the land, and

• (b) subsisting immediately before the appointed day,

shall on that day be transferred to, and by virtue of this Act vest in, the local authority (in a case to which paragraph 4 or 7 applies) or the foundation body (in a case to which paragraph 5 or 6 applies).

• (2) Where paragraph 4 or 7 applies to an existing school and any land held by a person or body other than any trustees who hold any land for the purposes of the school was, immediately before the appointed day, used for the purposes of the school, any rights or liabilities—

• (a) enjoyed or incurred by any such trustees in connection with the use of the land, and

• (b) subsisting immediately before the appointed day,

shall on that day be transferred to, and vest in, the local authority in accordance with a transfer agreement.

• (3) Nothing in this paragraph applies in relation to land to which paragraph 4, 5, 6 or 7 applies.

• (4) In this paragraph—

• “existing school” has the meaning given by paragraph 4, 5, 6 or 7, as the case may be;

• “transfer agreement” means an agreement—made for the purposes of sub-paragraph (2) between the local authority and the trustees mentioned in that sub-paragraph, andproviding for the rights or liabilities in question to be transferred to, and vest in, the authority on the appointed day, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.

Part III — Property excluded from transfers

10

• (1) Nothing in Part II of this Schedule has the effect of transferring to, or vesting in, any body—

• (a) any land, rights or liabilities excluded under sub-paragraph (2) or (3),

• (b) any rights or liabilities under a contract of employment,

• (c) any liability of a governing body in respect of the principal of, or any interest on, any loan,

• (d) any liability in tort, or

• (e) any rights or liabilities which are determined in accordance with regulations to be rights or liabilities falling within this paragraph.

• (2) If before the appointed day—

• (a) the prospective transferee and transferor have agreed in writing that any land should be excluded from the operation of Part II of this Schedule, and

• (b) the Secretary of State has given his written approval of the agreement,

the land (and any rights or liabilities relating to it) shall be so excluded.

• (3) If in default of agreement under sub-paragraph (2)—

• (a) the prospective transferee or transferor have applied to the Secretary of State to exclude any land from the operation of Part II of this Schedule, and

• (b) the Secretary of State has by order directed its exclusion,

the land (and any rights or liabilities relating to it) shall be so excluded.

• (4) An agreement under sub-paragraph (2) may provide for the land to be used or held for the purposes of the school (as a school of a new category) on such terms as may be specified in or determined in accordance with the agreement; and directions under sub-paragraph (3)—

• (a) may confer any rights or impose any liabilities that could have been conferred or imposed by such an agreement, and

• (b) shall have effect as if contained in such an agreement.

• (5) In this paragraph—

• “new category” means one of the categories set out in section 20(1);

• “the prospective transferee”, in relation to any land, means the body to whom, apart from sub-paragraph (2) or (3), the land would fall to be transferred under Part II of this Schedule; and

• “the prospective transferor” shall be construed accordingly.

SCHEDULE 22

Part A1 — Foundation, voluntary and foundation special schools in England: disposals of land

Disposal of land by governing body of foundation, voluntary or foundation special school

A1

• (1) This paragraph applies to any disposal by the governing body of a foundation, voluntary or foundation special school in England of—

• (a) any land acquired under a transfer under section 201(1)(a) of the Education Act 1996,

• (b) any land acquired under any of the following—

• paragraph 2 of Schedule 3;

• paragraph 16 of Schedule 6 (including that provision as applied by any enactment);

• paragraph 5(4)(c), 5(4B)(d) or 8A of this Schedule;

• any regulations made under paragraph 5 of Schedule 8;

• paragraph 28(2) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment),

• paragraph 15(3)(d) or 16(6)(d) of Schedule 1 to the Academies Act 2010,

• (c) any land acquired under any regulations made under—

• section 24 of the Education and Inspections Act 2006 by virtue of subsection (3)(b) of that section, or

• section 27 of that Act by virtue of subsection (2)(b) of that section,

• (d) any land acquired from a foundation body,

• (e) any land acquired from the Funding Agency for Schools,

• (f) any land acquired, or enhanced in value, wholly or partly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter 6 of Part 3 of the Education Act 1996),

• (g) any land acquired, or enhanced in value, wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A27,

• (h) any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred for the purposes of the school and treated by the local authority as expenditure of a capital nature, or

• (i) any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in any of paragraphs (a) to (h).

• (2) But this paragraph does not apply to any disposal which—

• (a) is made by the governing body of a foundation or foundation special school after the commencement of this sub-paragraph, and

• (b) is a disposal to the trustees of the school made on the school becoming a school with a foundation established otherwise than under this Act.

• (3) Sub-paragraph (1)(h) does not apply in the case of any expenditure incurred on or after the appointed day unless the authority—

• (a) prepared an appropriate statement in relation to the expenditure, and

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

• (4) An “appropriate statement” in relation to expenditure is a statement in writing which—

• (a) contains 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

• (b) indicates that the expenditure was being treated by the authority as expenditure of a capital nature.

A1A

• (1) This paragraph applies to a disposal of land to which paragraph A1 applies if, or to the extent that, it comprises a disposal of non-playing field land.

• (2) “Non-playing field land” means land which does not include playing fields within the meaning of section 77.

• (3) Accordingly, in this paragraph, paragraphs A2 to A5 and paragraph A19—

• (a) references to the disposal are to the disposal by the governing body of the non-playing field land, and

• (b) references to the land are to that non-playing field land.

• (4) The governing body must give the Secretary of State notice of their intention to dispose of the land.

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

• (a) decide whether to make a direction under paragraph 12 of Schedule 1 to the Academies Act 2010 (transfer to Academy) in respect of the land, and

• (b) notify the governing body of that decision.

• (6) The governing body may not dispose of the land until they have been notified of the Secretary of State's decision.

• (7) If the Secretary of State decides to make a direction in respect of the land, the governing body may not dispose of the land except in accordance with the direction.

A2

• (1) This paragraph applies where a governing body receives a notification under paragraph A1A(5)(b) that the Secretary of State has decided not to make a direction in respect of the land.

• (4) The governing body must give the local authority notice of their intention to dispose of the land.

• (5) That notification must specify—

• (a) the relevant capital expenditure upon which it is proposed the publicly funded proceeds of disposal are to be used, and

• (b) the estimated amount of the proceeds of disposal.

• (6) For the purposes of this paragraph and paragraphs A3 and A4, the “publicly funded proceeds of disposal” means the proceeds of disposal which are attributable to the land having been acquired or enhanced in value, or both, as the case may be, as mentioned in the relevant paragraph or paragraphs of sub-paragraph (1) of paragraph A1.

• (7) The authority may, within the requisite period, give the governing body any or all of the following—

• (a) notice of their objection to the disposal, giving reasons for their objection;

• (b) notice of their objection to the proposed use of the publicly funded proceeds of disposal, giving reasons for their objection;

• (c) notice of their claim to the whole or a part of the publicly funded proceeds of disposal.

• (8) The “requisite period” means the period of 6 weeks beginning with the date upon which the governing body gave notification of the disposal to the authority under sub-paragraph (4).

• (9) A notice given under sub-paragraph (7) may be withdrawn at any time by the authority giving the governing body notice to that effect.

• (10) The governing body may not make the disposal within the requisite period unless within that period—

• (a) the authority give the governing body notice that they relinquish any right to give notice under sub-paragraph (7)(a) in relation to the disposal, or

• (b) in a case where the authority give notice of their objection to the disposal in accordance with sub-paragraph (7)(a), the relevant requirements in relation to such a notice are met.

• (11) If the authority give notice of their objection to the disposal in accordance with sub-paragraph (7)(a), the governing body may not make the disposal on or after the expiry of the requisite period until the relevant requirements in relation to such a notice are met.

• (12) The “relevant requirements” in relation to a notice given under sub-paragraph (7)(a) are met if—

• (a) the adjudicator has approved the disposal on a reference made under paragraph A3(1), or

• (b) the authority have withdrawn notice of their objection to the disposal in accordance with sub-paragraph (9).

• (13) If the authority give either or both of the following notices in relation to the disposal in accordance with sub-paragraph (7)—

• (a) notice of their objection to the proposed use of the publicly funded proceeds of disposal under sub-paragraph (7)(b);

• (b) notice of their claim to the whole or a part of the publicly funded proceeds of disposal under sub-paragraph (7)(c),

the governing body may not use the publicly funded proceeds of disposal until the relevant requirements in relation to each notice so given are met.

• (14) The “relevant requirements” in relation to a notice given under sub-paragraph (7)(b) are met if—

• (a) the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has been determined in accordance with paragraph A3(2), or

• (b) the authority have withdrawn notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with sub-paragraph (9).

• (15) The “relevant requirements” in relation to a notice given under sub-paragraph (7)(c) are met if—

• (a) the “appropriate amount” has been determined in accordance with paragraph A3(3), or

• (b) the authority have withdrawn notice of their claim in accordance with sub-paragraph (9).

A3

• (1) Where the authority give the governing body notice of their objection to the disposal in accordance with paragraph A2(7)(a), the governing body or the authority may refer the matter to the adjudicator for a determination by him as to whether he approves the disposal.

• (2) Where the authority give the governing body notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with paragraph A2(7)(b), the relevant capital expenditure upon which those proceeds are to be used is to be determined—

• (a) by agreement between the governing body and the authority, or

• (b) by the adjudicator where—

• (i) the governing body or the authority refer the matter to him for determination, and

• (ii) by the time of his determination the matter has not been determined by agreement between the governing body and the authority.

• (3) Where the authority give the governing body notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A2(7)(c), the amount of those proceeds which it is appropriate for the governing body to pay to the authority (the “appropriate amount”) is to be determined—

• (a) by agreement between the governing body and the authority, or

• (b) by the adjudicator where—

• (i) the governing body or the authority refer the matter to him for determination, and

• (ii) by the time of his determination the matter has not been determined by agreement between the governing body and the authority.

• (4) Before making a reference to the adjudicator under sub-paragraph (1), (2)(b) or (3)(b), the governing body or, as the case may be, the authority, must give the other notice of their intention to make the reference.

• (5) On a reference under sub-paragraph (1), (2)(b) or (3)(b), the adjudicator may determine the proportion (if any) of the proceeds of disposal that are or will be the publicly funded proceeds of disposal.

A4

• (1) This paragraph applies where the disposal is made.

• (2) The governing body must notify the authority that the disposal has been made and of the amount of the proceeds of disposal.

• (3) Where—

• (a) the authority gave notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A2(7)(c), and

• (b) the “appropriate amount” has been determined in accordance with paragraph A3(3) to be an amount greater than zero,

the governing body must pay the “appropriate amount” to the authority.

• (4) The governing body must ensure that the remaining publicly funded proceeds of disposal are used on the agreed relevant capital expenditure.

• (5) If the amount of the remaining publicly funded proceeds of disposal exceeds the amount of the agreed relevant capital expenditure, then the governing body must ensure that the surplus amount is used on relevant capital expenditure.

• (6) The “agreed relevant capital expenditure” means—

• (a) in a case where—

• (i) no notice of objection to the proposed use of the publicly funded proceeds of disposal was given by the authority in accordance with paragraph A2(7)(b), or

• (ii) such a notice was so given and was then withdrawn in accordance with paragraph A2(9),

the relevant capital expenditure specified in the notification of the disposal given to the authority under paragraph A2(4), and

• (b) in a case where such notice of objection was so given and was not withdrawn, the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used as determined in accordance with paragraph A3(2).

• (7) The “remaining publicly funded proceeds of disposal” means the amount of the publicly funded proceeds of disposal which remains after deducting the “appropriate amount” (if any) determined in accordance with paragraph A3(3).

• (8) Sub-paragraphs (3), (4) and (5) are subject to paragraph A2(13) (restriction on use of publicly funded proceeds of disposal where notices given under paragraph A2(7)(b) or (c)).

A5

• (1) This paragraph applies where—

• (a) the authority gave notice of their objection to the disposal in accordance with paragraph A2(7)(a), and

• (b) the adjudicator has determined that he does not approve the disposal.

• (2) The governing body may apply to the adjudicator for an order to be made by him requiring the land or any part of the land to be transferred to such local authority as he may specify subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate.

• (3) Before making an application under sub-paragraph (2), the governing body must give notice of their intention to do so to the authority mentioned in sub-paragraph (1)(a).

• (4) In this paragraph “local authority” includes a non-metropolitan district council for an area for which there is a county council.

A6

• (1) For the purposes of paragraphs A2 to A4, “relevant capital expenditure”, in relation to a disposal of land by the governing body of a foundation, voluntary or foundation special school, means capital expenditure in relation to the premises of—

• (a) the school,