OpenLegislation

Paragraph 8

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies where trustees have given a notice falling within section 30(10) F1or section 80(11) of the School Standards and Organisation (Wales) Act 2013 which is effective to terminate a foundation or voluntary school’s occupation of any land (“the relevant premises”).

(2)

If any expenditure has been incurred on the relevant premises as mentioned in section 30(2)(a) to (d) F2or section 80(2) of the School Standards and Organisation (Wales) Act 2013, the F3appropriate authority may impose any requirements that F4the appropriate authority thinks just—

(a)

in respect of the repayment by the trustees of all or part of any such expenditure which was incurred by F5the appropriate authority;

(b)

in respect of the transfer by the trustees to the F6local authority of the whole or part of the relevant premises where the appropriate authority is satisfied F7the local authority will need them for any purpose connected with education;

(c)

(to the extent that the relevant premises are to be so transferred) in respect of the payment by the local authority to the trustees of so much of the value of those premises as is just having regard to the extent to which the premises were provided otherwise than at public expense;

(d)

(to the extent that the relevant premises are not to be so transferred) in respect of the payment by the trustees to the local authority of so much of the value of those premises as is just having regard to the extent to which they were provided at public expense.

(3)

In sub-paragraph (2) “at public expense” means at the expense of—

(a)

the Funding Agency for Schools, or

(b)

any local authority or an authority within section 30(2)(d).

Annotations

Textual amendments

F1

Words in Sch. 22 para. 8(1)(a) inserted (W.) (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 19(14)(h)(i); S.I. 2013/1800, art. 3(j)

F2

Words in Sch. 22 para. 8(2) inserted (W.) (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 19(14)(h)(ii); S.I. 2013/1800, art. 3(j)

F3

Words in Sch. 22 para. 8(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 12(a); S.I. 2007/935, art. 7(p)

F4

Words in Sch. 22 para. 8(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 12(b); S.I. 2007/935, art. 7(p)

F5

Words in Sch. 22 para. 8(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 12(c); S.I. 2007/935, art. 7(p)

F6

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))

F7

Words in Sch. 22 para. 8(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 12(d); 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