Paragraph 12 Rules relating to transfers

(1)

This paragraph applies where any proposals that a foundation special school should become a community special school have been approved under paragraph 3 of the modified Schedule 6 to the Act.

(2)

In such a case—

(a)

any publicly funded land which, immediately before the implementation date, was held by the trustees of the school or the governing body for the purposes of the foundation special school shall on that date be transferred to, and by virtue of this paragraph vest in, the local education authority; and

(b)

any other land which, immediately before that date, was held by the trustees of the school or the governing body for the purposes of the foundation special school shall be transferred to and vest in the local education authority in accordance with a transfer agreement.

(3)

In this paragraph “publicly funded land” means land which was acquired—

(a)

from a local authority under a transfer under section 201(1)(a) of the Education Act 1996;

(b)

from the Funding Agency for Schools;

(c)

wholly be means of any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of the Education Act 1996);

(d)

wholly by means of any grant paid under regulation 2 of the Education (Schedule 32 to the School Standards and Framework Act 1998) (England) (No. 2) Regulations 1999;

(e)

wholly by means of expenditure incurred for the purposes of the school and treated by the local education authority as expenditure of a capital nature;

(f)

under a transfer under this Schedule; or

(g)

wholly with the proceeds of disposal of any land acquired as mentioned in any of paragraphs (a) to (f).

(4)

In this paragraph “transfer agreement” means an agreement—

(a)

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

(b)

providing for the land in question to be transferred to, and vest in, the authority on the implementation date, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.