SCHEDULE 5LAND TRANSFERS WHEN A SCHOOL CHANGES CATEGORY OR ACQUIRES A FOUNDATION

Restrictions on disposal of land when proposals are pending11

1

During any period when the procedure for becoming a school of another category is pending in relation to a school, a local authority must not, in relation to any land of the local authority used or held for the purposes of the school, take without the consent of the adjudicator any action (including appropriation of the land for any purpose) by which the land ceases to any extent to be so used or held.

2

If in the case of any school—

a

proposals that a school becomes a school of another category have been approved, and

b

a local authority have, in relation to any land, taken any action in contravention of sub-paragraph (1),

the provisions relating to the transfer of property in this Schedule have effect as if, immediately before the implementation date in relation to the change of category, the property were used or held by the local authority for the purposes for which it was used or held when the procedure for becoming a school of another category was initiated.