Paragraph 7

England and Wales

(1)

This paragraph applies in connection with the dissolution of the governing body of a maintained school by virtue of F1paragraph 5 of Schedule 1 to the Education Act 2002 F2other than a dissolution by virtue of paragraph 5(2)(a)(iv) of that Schedule (dissolution following Academy order).

(2)

Where a governing body are so dissolved—

(a)

all land or other property of the governing body which is used or held for the purposes of the school, and

(b)

all rights and liabilities (including rights and liabilities in relation to staff) of the governing body subsisting immediately before the date of dissolution which were acquired or incurred for the purposes of the school,

shall on the date of dissolution be transferred to, and by virtue of this Act vest in—

(i)

the F3local authority, or

(ii)

one or more of the F4persons or bodies mentioned in sub-paragraph (2A), if the F5appropriate authority so directs before the date of dissolution.

F6(2A)

The persons and bodies are—

(a)

the governing body of a maintained school;

(b)

the temporary governing body of a new school;

(c)

in the case of the dissolution of a governing body of a maintained school in England, a person concerned with the running of an Academy.

(3)

Sub-paragraph (2) does not apply to—

(a)

any land or other property for which provision has been made for transfer or payment under paragraph 5(4) or 6(2),

(b)

any property of whatever nature which is held by the governing body on trust for the purposes of the school, or

(c)

unless the F7appropriate authority otherwise directs by order made before the date of dissolution, any liabilities of the governing body in respect of any loan made to the governing body.

(4)

Subject to sub-paragraph (5), a governing body who are to be dissolved as mentioned in sub-paragraph (1) may transfer any land or other property which is held by them on trust for the purposes of the school to any person to hold such land or other property on trust for purposes connected with the provision of education in maintained schools.

(5)

Sub-paragraph (4) does not apply to any land or other property so held by the governing body of a foundation, voluntary or foundation special school where any other persons also hold any property on trust for the purposes of the school; and any such land or other property shall on the date of dissolution be transferred to, and by virtue of this Act vest in, those persons.

(6)

If any doubt or dispute arises as to the persons to whom any land or other property within sub-paragraph (5) falls to be transferred under that sub-paragraph, it shall be treated as falling to be so transferred to such persons as the F8appropriate authority thinks proper.

Annotations

Textual amendments

F1: Words in Sch. 22 para. 7(1) substituted (1.10.2002 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 118(6) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2005/2910, art. 4, Sch.
F2: Words in Sch. 22 para. 7(1) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 14 para. 15(2); S.I. 2012/84, art. 3 (with art. 5)
F3: Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))
F4: Words in Sch. 22 para. 7(2)(ii) substituted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 14 para. 15(3); S.I. 2012/84, art. 3 (with art. 5)
F5: Words in Sch. 22 para. 7(2)(ii) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 11; S.I. 2007/935, art. 7(p)
F6: Sch. 22 para. 7(2A) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 14 para. 15(4); S.I. 2012/84, art. 3 (with art. 5)
F7: Words in Sch. 22 para. 7(3)(c) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 11; S.I. 2007/935, art. 7(p)
F8: Words in Sch. 22 para. 7(6) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 11; S.I. 2007/935, art. 7(p)

Notes on Schedule 22

Modifications

C1: Sch. 22 excluded (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 1 para. 10(2)(c); S.I. 2010/1937, art. 2, Sch. 1