Education and Inspections Bill

moved Amendments Nos. 132A to 132D: Page 169, line 33, at end insert- ““(3) In addition to having regard to guidance as required under sub-paragraph (1)(b) or (2), a local education authority, a governing body, a foundation body, trustees and the adjudicator, must also have regard, in particular, to the factors mentioned in sub-paragraph (4) in determining any of the following for the purposes of any of paragraphs A2 to A20A- (a) the publicly funded proceeds of disposal; (b) the ““appropriate amount””; (c) the amount of the consideration (if any) to be paid under paragraph A6A, A13A or A20A. (4) The factors referred to in sub-paragraph (3) are- (a) in the case of any disposal, the value of the land as at the date of the determination, (b) in the case of any disposal, any enhancement in value of the land attributable to expenditure on the land by the local education authority or a relevant person, (c) in the case of any disposal, any expenditure on the land by a relevant person, (d) in the case of any disposal, any relevant payments made by a relevant person to the local education authority or the Secretary of State, (e) in the case of any disposal, to the extent that they do not fall within paragraph (c) or (d), any payments in respect of the acquisition of the land, and (f) in the case of a disposal falling within paragraph A1(1)(i), paragraph A8(1)(h) or paragraph A15(1)(h) or (k), (2)(a)(iii) or (b), or (3)(a)(ii), the extent to which the proceeds of disposal mentioned in the provision in question were publicly funded proceeds of disposal as defined for the purposes of paragraph A2, A9 or A16, as the case may be. (5) A ““relevant person”” means- (a) in the case of a disposal to which paragraph A2 or A16 applies, the governing body or the trustees of the school in question, and (b) in the case of a disposal to which paragraph A9 applies, the foundation body in question. (6) A ““relevant payment”” means- (a) in the case of any disposal, a payment in respect of the current school site or sites to which the land relates, (b) in the case of any disposal, a payment under any of the following provisions- paragraph 2(6) of Schedule 3; paragraph 16(5) of Schedule 6 (including that provision as applied by any enactment); section 60(4) of the Education Act 1996; paragraph 28(5) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment), and. (c) in the case of a disposal of land falling within any of the following provisions- paragraph A1(1)(f) or (g); paragraph A8(1)(e) or (f); paragraph A15(1)(g), (i) or (j),. a payment in respect of the grant mentioned in the provision in question. (7) The reference in sub-paragraph (5)(a) to the governing body or the trustees of the school in question includes- (a) where the school was established in pursuance of proposals published under section 28(2) or 28A(2), the persons who published the proposals, (b) where the school was established in pursuance of proposals published under section 70 of the Education Act 2002 or section 66 of the Education Act 2005 which were made by persons other than a local education authority, the persons by whom the proposals were made, and (c) where the school was established in pursuance of proposals published under any of sections 7, 10 and 11 of the Education and Inspections Act 2006, any persons, other than a local education authority, by whom the proposals were treated for the purposes of Schedule 2 to that Act as having been made. (8) The reference in sub-paragraph (5)(b) to the foundation body in question includes- (a) where the school or any of the schools to which the land in question relates was established in pursuance of proposals published under section 28(2) or 28A(2), the persons who published the proposals, (b) where the school or any of the schools to which the land in question relates was established in pursuance of proposals published under section 70 of the Education Act 2002 or section 66 of the Education Act 2005 which were made by persons other than a local education authority, the persons by whom the proposals were made, and (c) where the school or any of the schools to which the land in question relates was established in pursuance of proposals published under any of sections 7, 10 and 11 of the Education and Inspections Act 2006, any persons, other than a local education authority, by whom the proposals were treated for the purposes of Schedule 2 to that Act as having been made.”” Page 169, line 47, at end insert- ““( ) In determining whether to make a reference to the adjudicator under sub-paragraph (1)(a), a relevant person must have regard, in particular, to any guidance given from time to time by the Secretary of State.”” . Page 169, line 47, at end insert- ““(3) An order made by the adjudicator on an application under paragraph A6A, A13A or A20A may be varied or revoked by a further order made by him if- (a) an application for its variation or revocation is made to him by an appropriate person in relation to the order, and (b) before making the further order, the adjudicator consults such persons as he considers appropriate. (4) An ““appropriate person”” in relation to an order made under paragraph A6A, A13A or A20A means- (a) the governing body, the foundation body or the trustees, as the case may be, who applied for the order, (b) the local education authority, or (c) if different from that authority, the local authority to whom land is required to be transferred under the order. (5) In determining whether to make an application to the adjudicator under sub-paragraph (3)(a), an appropriate person must have regard, in particular, to any guidance given from time to time by the Secretary of State.”” Page 169, line 47, at end insert- ““( ) Paragraph A22 applies in relation to the further determination by the adjudicator, by virtue of sub-paragraph (1) or (3), of any matter for the purposes of any of paragraphs A2 to A20A as it applies in relation to the original determination of the matter.”” On Question, amendments agreed to. [Amendment No. 132E not moved.]