Section 90 Compulsory purchase of land and other dealings in land by local education authorities.

England and Wales

(1)

A local education authority may be authorised F1by the F2Secretary of State for Education and Science to purchase compulsorily any land, whether situate within or without the area of the authority, which is required for the purposes of any school or F3institution which is, or is to be, maintained by them F4or which they have the power to assist, or otherwise for the purposes of their functions under this Act; . . . F5

Provided that the Secretary of State for Education and Science shall not authorise the purchase of any land required for the purposes of a voluntary school unless he is satisfied that the arrangements made as to the vesting of the land to be purchased, and as to the appropriation thereof for those purposes, are such as to secure that the expenditure ultimately borne by the local education authority will not include any expenditure which, if the land had been purchased by the . . . F6 governors of the school, would have fallen to be borne by the . . . governors.

F7(1A)

The proviso in subsection (1) of this section shall not apply where the local education authority propose that expenditure to be incurred in connection with the purchase should ultimately be borne by them under section 282(1) of the Education Act 1993 (power of local education authority to give assistance).

2)(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Annotations

Textual amendments

F1: Words substituted by Acquisition of Land (Authorisation Procedure) Act 1946 (c. 49), Sch. 4
F2: Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F3: Word substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 59
F4: Words inserted by Education (Miscellaneous Provisions) Act 1948 (c. 40), s. 10(1)
F5: Words repealed by Acquisition of Land (Authorisation Procedure) Act 1946 (c. 49), Sch. 6
F6: Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1
F7: S. 90(1A) inserted (1.10.1993) by 1993 c. 35, s. 282(3); S.I. 1993/1975, art. 9, Sch. 1
F8: SS. 90(2)(3), 97 repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7

Notes on the whole Act

Textual amendments

F1: Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), Sch. 38 Pt.I.