Office of Public Sector Information
PART II continued CHAPTER IX continued
(1) The instrument of government for the governing body of a group shall enable the Secretary of State to appoint not more than two additional governors if it appears to him that the governing body are not adequately carrying out their responsibilities in respect of the conduct or management of any of the schools in the group.
(2) The instrument shall enable the governing body, during any period when any additional governors appointed by the Secretary of State by virtue of subsection (1) above are in office, to appoint a number of additional core governors not greater than the number of additional governors appointed by the Secretary of State who are then in office.
(3) Section 122(3) of this Act and Schedule 8 to this Act do not apply to additional core governors.
In the case of a group of grant-maintained schools conducted by a single governing body, that body shall have in relation to each of the schools the powers conferred by section 68 of this Act on the governing body of a grant-maintained school.
(1) For each financial year the governing body of a group shall apply for the purposes of each school in the group the share of maintenance grant which is attributable to that school.
(2) For the purposes of subsection (1) above, in each financial year the share of maintenance grant which is attributable to each school in a group is the amount which in the case of that school is the prescribed percentage of the maintenance grant payable in respect of the school.
(3) The governing body of a group shall not apply otherwise than for the purposes of schools in the group any payments made to them in respect of maintenance grant.
(4) This section is subject to—
(a) any requirements imposed under section 84(1) or, as the case may be, 90(1) of this Act, and
(b) any requirements as to the application of maintenance grant contained in the articles of government for any of the schools.
(5) In relation to groups of grant-maintained schools, this section has effect in place of section 81(3) or, as the case may be, 87(2) of this Act.
(1) Regulations may make provision—
(a) for two or more schools, each of which is eligible for grant-maintained status and satisfies the prescribed requirements, to become grant-maintained schools conducted by a single governing body,
(b) for two or more grant-maintained schools, each of which is not a member of a group and satisfies the prescribed requirements, to become a new group conducted by a single governing body,
(c) for a school which is eligible for grant-maintained status, or is a grant-maintained school, and satisfies the prescribed requirements to become a member of an existing group,
(d) for the schools in two or more existing groups, where each of the schools satisfies the prescribed requirements, to become one group, and
(e) for a school in a group, where the school satisfies the prescribed requirements, to leave the group but continue to be a grant-maintained school (whether as a member of a group or not).
(2) Regulations shall require in the case of each school which is not a grant-maintained school but is to acquire grant-maintained status as a member of a group—
(a) a resolution of the existing governing body to hold a ballot of parents on the question of whether grant-maintained status as a member of a group should be sought for the school,
(b) a ballot of parents at the school,
(c) the publication by the existing governing body (together with the existing governing bodies of any other schools which are to acquire grant-maintained status as members of the same group) of proposals for the schools to acquire grant-maintained status and be conducted by a single governing body, and
(d) the approval of such proposals, as originally published or as modified by the Secretary of State (whether before or after they are approved).
(3) Regulations shall require in the case of each grant-maintained school which is not a member of a group but is to become a member of a new group—
(a) a resolution for the purpose of the existing governing body,
(b) the publication by the existing governing body (together with the governing bodies of any other schools which are to become members of the group) of proposals for the schools to become a new group conducted by a single governing body, and
(c) the approval of such proposals, as originally published or as modified by the Secretary of State (whether before or after they are approved).
(4) Regulations made by virtue of subsection (2) or (3) above shall not enable the Secretary of State to modify any proposals after approving them so as to exclude any school to which they relate; and where under such regulations the Secretary of State modifies any proposals so as to exclude any school to which they relate—
(a) he may not approve them without the consent of the existing governing bodies of the schools to which the proposals as modified relate, and
(b) if he approves them, the regulations shall have effect as if the proposals as published had related only to those schools.
(5) Where proposals for the purposes of subsection (1)(a) or (b) above are approved, regulations shall provide—
(a) for the determination of the persons who are to be the initial members of the governing body,
(b) for their incorporation, and
(c) for sections 119 to 123 of this Act, Schedule 8 to this Act and the instrument of government to have effect in relation to any person who becomes a member of the governing body—
(i) before the date of implementation of the proposals, or
(ii) before the date on which the first instrument under section 57(1) of this Act for the governing body comes into effect,
with such modifications as may be prescribed.
(6) Where proposals for the purposes of subsection (1)(a) above in relation to any schools, or proposals for the purposes of subsection (1)(c) above in relation to a school which is eligible for grant-maintained status, are approved, regulations shall provide in relation to each of the schools—
(a) for the local education authority to cease to be under a duty to maintain the school,
(b) for any special agreement relating to the school to cease to have effect, and
(c) for the functions, during the period beginning with the approval of the proposals and ending with their implementation, of the governing body incorporated under the regulations.
(7) Where proposals for the purposes of subsection (1)(b) above are approved, regulations shall provide for the functions, during the period beginning with the approval of the proposals and ending with their implementation, of the governing body incorporated under the regulations.
(8) In relation to—
(a) any schools seeking to acquire grant-maintained status as a group or grant-maintained schools seeking to become a new group,
(b) any school seeking to become a member of an existing group, and
(c) schools in a group,
regulations may provide for any provision of this Part of this Act, other than this Chapter, to apply with such modifications as may be prescribed.
(9) Regulations may make provision for the governing body of a group to be reconstituted where any change occurs in the membership of the group.
(10) The Secretary of State may instead of, or in addition to, prescribing requirements for the purposes of subsection (1) above issue guidance as to the requirements he would expect to be satisfied for any application—
(a) for any maintained schools, or grant-maintained schools, to become a new group,
(b) to join or leave a group, or
(c) for the merger of groups,
to be approved.
(11) This section does not apply to nursery schools.
It shall be the duty of the governing body of any grant-maintained school which provides—
(a) part-time education suitable to the requirements of persons of any age over compulsory school age, or
(b) full-time education suitable to the requirements of persons who have attained the age of nineteen years,
to secure that it is not provided at any time in a room where pupils are at that time being taught except in such circumstances as may be prescribed.
(1) Where—
(a) a local education authority are under a duty, or have power, to provide any benefits or services for pupils, and
(b) the duty is to be performed, or the power may be exercised, both in relation to pupils at schools maintained by a local education authority and in relation to pupils at grant-maintained schools,
the authority shall in performing the duty, or exercising the power, treat pupils at grant-maintained schools no less favourably (whether as to the benefits or services provided or as to the terms on which they are provided) than pupils at schools maintained by a local education authority.
(2) Where—
(a) a local education authority are under a duty, or have power, to provide any benefits or services for persons, other than pupils, receiving education at a school, and
(b) the duty is to be performed, or the power may be exercised, both in relation to such persons at schools maintained by a local education authority and in relation to such persons at grant-maintained schools,
the authority shall in performing the duty, or in exercising the power, treat such persons at grant-maintained schools no less favourably (whether as to the benefits or services provided or as to the terms on which they are provided) than such persons at schools maintained by a local education authority.
(1) Where grant under section 53(2) of this Act or capital grant is paid to the governing body of a grant-maintained school established in pursuance of proposals published under section 49 of this Act in respect of the provision of a site for the school or of school buildings, a requirement shall be imposed under section 53 or, as the case may be, Chapter VI for the purpose of securing that the site or buildings in question are held on trust by trustees of the school.
(2) Where buildings are to be provided for any grant-maintained school which are to—
(a) form part of the school premises, and
(b) be constructed partly on land held by the governing body and partly on land held on trust for the purposes of the school by persons other than the governing body,
the governing body shall transfer to those persons the land held by the governing body on which the buildings are to be constructed; and section 68(7)(b) of this Act does not apply to a transfer required by this subsection.
(3) In this section “site” does not include playing fields.
(1) Where—
(a) the funding authority pay capital grant in respect of a transfer of a grant-maintained school to a new site authorised under Chapter VII, and
(b) the governing body or any trustees of the school possess, or are or may become entitled to, a sum representing the proceeds of disposal of other premises which have been used for the purposes of the school,
the governing body or (as the case may be) the trustees or their successors shall pay to the Secretary of State the whole of that sum, if it is equal to or less than the amount of the capital grant, and otherwise so much of it as is required to repay that amount.
(2) Any sum paid under subsection (1) above shall, in a case where any interest in the new site has vested in any trustees of the school, be treated for the purposes of section 14 of the [1841 c. 38.] Schools Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school.
(3) Where trustees of a grant-maintained school are required to pay any sum to the Secretary of State under subsection (1) above in a case where any interest in the new site is or is to be held by the governing body, then—
(a) if the interest or, as the case may be, all the interests held by any persons for the purposes of the school in the previous site were freehold interests held by the trustees, the governing body shall transfer their interest in the new site to the trustees, and
(b) if in any other case the trustees held any interest in the previous site, the governing body shall if directed to do so by the Secretary of State transfer to the trustees their interest in the whole of the new site or such part of it as may be specified in the direction.
(4) Where trustees of a grant-maintained school are required to pay any sum to the Secretary of State under subsection (1) above in a case in which they may also be required to pay any sum to a local education authority under paragraph 8 of the First Schedule to the [1946 c. 50.] Education Act 1946 in respect of the disposal of the same premises, that paragraph shall have effect as if—
(a) in relation to that disposal, the reference to the purchase money paid in respect of the acquisition of the premises were a reference to so much of the amount of that purchase money as remains after deducting the amount of the payment under subsection (1) above, and
(b) any premises transferred to the trustees in pursuance of subsection (3) above were premises conveyed by the authority as mentioned in that paragraph.
(5) In subsection (3)(a) above “site” does not include playing fields.
(1) This section applies where the governing body of a grant-maintained school apply to the Secretary of State for his consent to the disposal of—
(a) any premises transferred to the governing body under section 38(1)(a) of this Act, or
(b) any premises acquired wholly or partly with the proceeds of the disposal of any premises so transferred or of any premises so acquired.
(2) Subject to subsection (3) below, the Secretary of State may—
(a) require the premises or any part of the premises to be transferred to such local authority as the Secretary of State may specify, subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate, or
(b) where he does not impose a requirement under paragraph (a) above, require the governing body when the premises are disposed of to pay to such local authority as the Secretary of State may specify the whole or any part of the proceeds of disposal.
(3) Where the occasion of the disposal is a transfer of the school to a new site in respect of which the funding authority have paid capital grant—
(a) no requirement shall be imposed under subsection (2)(a) above, and
(b) the reference in subsection (2)(b) above to the proceeds of disposal shall be read as a reference to such part (if any) of those proceeds as remains after repayment of the amount of that capital grant in accordance with section 131 of this Act.
(1) This section applies where any premises—
(a) transferred to the governing body of a grant-maintained school under section 38(1)(a) of this Act, or
(b) acquired by such a governing body wholly or partly with the proceeds of the disposal of any premises so transferred or of any premises so acquired,
have been transferred by them to be held on trust by the trustees of the school.
(2) If at any time the trustees dispose of the premises the Secretary of State may require them to pay to such local authority as he may specify the whole or any part of the proceeds of the disposal.
(1) Where the governing body of a grant-maintained school apply to the Secretary of State for his consent to the disposal of—
(a) any premises provided by the funding authority, or
(b) any premises acquired wholly or partly with the proceeds of the disposal of any premises so provided or of any premises so acquired,
the Secretary of State may require the governing body when the premises are disposed of to pay to him or to the funding authority the whole or any part of the proceeds of disposal.
(2) Where—
(a) any premises falling within subsection (1)(a) or (b) above are transferred by the governing body to be held on trust by the trustees of the school, or
(b) any premises in respect of which capital grant was paid are transferred by the governing body (otherwise than in pursuance of a requirement imposed in accordance with section 130 of this Act or in pursuance of section 131(3) of this Act) to be held on trust by the trustees of the school,
then, if at any time the trustees dispose of the premises, the Secretary of State may require them to pay to him or to the funding authority the whole or any part of the proceeds of the disposal.
(1) For the purposes of sections 131 and 132 of this Act, the funding authority are to be regarded as paying capital grant in respect of the transfer of a school to a new site if they pay capital grant in respect of the acquisition of the new site or the provision on that site of the school buildings or of any other buildings forming part of the new school premises.
(2) In sections 130 to 134 of this Act “trustees of the school” means any person (other than the governing body) holding property on trust for the purposes of the school.
(3) For the purposes of sections 131 to 134 of this Act—
(a) a governing body or trustees are to be regarded as disposing of any premises if those premises are acquired from them, whether compulsorily or otherwise, and
(b) “proceeds of disposal”, in relation to a disposal of premises by a governing body or trustees, means the compensation or purchase money paid in respect of the acquisition from them of those premises.
(4) In subsection (3) above—
(a) references to the acquisition of premises from a governing body or trustees include, in the case of any premises held under a tenancy to which Part II of the [1954 c. 56.] Landlord and Tenant Act 1954 (“the 1954 Act”) applies, the termination of that tenancy under that Part of that Act, and
(b) the reference to the purchase money paid in respect of such an acquisition includes any compensation paid by the landlord on the quitting of any such premises by the governing body or trustees (whether or not the compensation is required to be paid by section 37 of that Act (compensation where order for new tenancy precluded on certain grounds)).
(5) In subsection (4) above, expressions to which a meaning is given for the purposes of the 1954 Act have the same meaning as in that Act.
(1) The Secretary of State may by order make such modifications of any trust deed or other instrument relating to a school as, after consultation with the governing body of the school and the trustees (if any), appear to him to be requisite—
(a) in consequence of the approval of proposals for acquisition of grant-maintained status for the school,
(b) for removing any inconsistency between the provisions of that trust deed or other instrument and any provisions included or proposed to be included in any instrument or articles of government made for the school under Chapter V, or any scheme under section 69 of this Act, which it appears to him to be expedient to remove in the interests of the school, or
(c) in consequence of any proposals as to a change in the character or an enlargement of the premises of the school or a transfer of the school to a new site which fall to be implemented under section 100 of this Act.
(2) The Secretary of State may by order make such modifications of any trust deed or other instrument relating to an independent school where proposals have been approved for the establishment of a grant-maintained school in its place as, after consultation with the promoters and the trustees (if any), appear to him to be requisite—
(a) in consequence of the approval of the proposals, or
(b) for removing any inconsistency between the provisions of that trust deed or other instrument and any provisions included or proposed to be included in any instrument or articles of government made for the grant-maintained school under Chapter V which it appears to him to be expedient to remove in the interests of the school.
(3) Any modification made by an order under this section may be made to have permanent effect or to have effect for such period as may be specified in the order.
Any provision of an instrument relating to any land held for the purposes of a voluntary school which—
(a) confers on any person an option to acquire an interest in that land, or
(b) provides (in whatever terms) for the determination or forfeiture of any such interest,
in the event of the school’s ceasing to be a voluntary school or (as the case may be) ceasing to be maintained by a specified local education authority shall, if the school becomes a grant-maintained school, have effect as if the event referred to were the school’s ceasing to be a school which is either a grant-maintained school or a voluntary school.
(1) Subject to section 141 of this Act, this section applies in relation to a grant-maintained school if—
(a) it was a county school immediately before it became grant-maintained,
(b) it was established in pursuance of proposals published under section 48 of this Act, or
(c) it was established in pursuance of proposals published under section 49 of this Act and neither any trust deed relating to the school nor the statement required by paragraph 8 of Schedule 3 to this Act makes provision as to the religious education for pupils at the school.
(2) Subject to the following provisions of this section, in the case of a school to which this section applies the collective worship required in the school by section 6 of the [1988 c. 40.] Education Reform Act 1988 (collective worship) shall be wholly or mainly of a broadly Christian character.
(3) For the purposes of subsection (2) above, collective worship is of a broadly Christian character if it reflects the broad traditions of Christian belief without being distinctive of any particular Christian denomination.
(4) Every act of collective worship required by section 6 of that Act in the case of a school to which this section applies need not comply with subsection (2) above provided that, taking any school term as a whole, most such acts which take place in the school do comply with that subsection.
(5) Subject to subsections (2) and (4) above—
(a) the extent to which (if at all) any acts of collective worship required by section 6 of that Act which do not comply with subsection (2) above take place in such a school,
(b) the extent to which any act of collective worship in such a school which complies with subsection (2) above reflects the broad traditions of Christian belief, and
(c) the ways in which those traditions are reflected in any such act of collective worship,
shall be such as may be appropriate having regard to any relevant considerations relating to the pupils concerned which fall to be taken into account in accordance with subsection (6) below.
(6) Those considerations are—
(a) any circumstances relating to the family backgrounds of the pupils concerned which are relevant for determining the character of the collective worship which is appropriate in their case, and
(b) their ages and aptitudes.
(7) Where under section 12 of the [1988 c. 40.] Education Reform Act 1988 (determination by standing advisory councils of the cases in which the requirement for Christian worship is not to apply) a standing advisory council on religious education determine that it is not appropriate for subsection (2) above to apply in the case of a school to which this section applies, or in the case of any class or description of pupils at such a school (or where they had so determined in the case of a school or pupils at a school before it became grant-maintained) then, so long as that determination has effect—
(a) that subsection shall not apply in relation to that school or (as the case may be) in relation to those pupils, and
(b) the collective worship required by section 6 of that Act (collective worship) in the case of that school or those pupils shall not be distinctive of any particular Christian or other religious denomination (but this shall not be taken as preventing that worship from being distinctive of any particular faith).
(8) The arrangements for collective worship in a school to which this section applies required by section 6 of that Act shall be made by the head teacher after consultation with the governing body.
(9) The provision for religious education for pupils at the school which is required by section 2(1)(a) of that Act (basic curriculum for schools) shall be provision for religious education in accordance with the appropriate agreed syllabus.
(10) That syllabus shall not provide for religious education to be given to pupils at the school by means of any catechism or formulary which is distinctive of a particular religious denomination (but this is not to be taken as prohibiting provision in the syllabus for the study of such catechisms or formularies).
(11) If, in the case of a secondary school so situated that arrangements cannot conveniently be made for the withdrawal of pupils from it in accordance with section 9 of that Act (religious education - exceptions etc.) to receive religious education elsewhere, the governing body are satisfied—
(a) that the parents of any pupils at the school desire them to receive religious education in the school in accordance with the tenets of a particular religion or religious denomination, and
(b) that satisfactory arrangements have been made for the provision of such education to those pupils in the school, and for securing that the cost of providing such education to those pupils in the school will not fall upon the governing body,
the governing body shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) provide facilities for the carrying out of those arrangements.
(12) References in this section to acts of collective worship in a school to which this section applies include references to any such act which under section 6 of that Act takes place otherwise than on the school premises.
(1) Subject to section 141 of this Act, this section applies in relation to a grant-maintained school which was a controlled school immediately before it became grant-maintained.
(2) The provision for religious education for pupils at the school which is required by section 2(1)(a) of the [1988 c. 40.] Education Reform Act 1988 to be included in the school’s basic curriculum shall be provision for religious education—
(a) in accordance with any arrangements made under subsection (3) below, or
(b) subject to any such arrangements, in accordance with the appropriate agreed syllabus.
(3) Where the parents of any pupils at the school have requested (whether before or after the school became grant-maintained) that the pupils may receive religious education—
(a) in accordance with any provisions of the trust deed relating to the school, or
(b) where provision for that purpose is not made by such a deed, in accordance with the practice observed in the school before it became a grant-maintained school,
the foundation governors shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for securing that such religious education is given to those pupils in the school during not more than two periods in each week.
(1) Subject to section 141 of this Act, this section applies in relation to a grant-maintained school if—
(a) it was an aided or special agreement school immediately before it became grant-maintained, or
(b) it was established in pursuance of proposals published under section 49 of this Act and either any trust deed relating to the school or the statement required by paragraph 8 of Schedule 3 to this Act makes provision as to the religious education for pupils at the school.
(2) The provision for religious education for pupils at the school which is required by section 2(1)(a) of the [1988 c. 40.] Education Reform Act 1988 to be included in the school’s basic curriculum shall be provision for religious education—
(a) in accordance with any provisions of any trust deed relating to the school or, where provision for that purpose is not made by such a deed—
(i) in the case of a former aided or special agreement school, in accordance with the practice observed in the school before it became a grant-maintained school, or
(ii) in the case of a school established in pursuance of proposals published under section 49 of this Act, in accordance with the statement required by paragraph 8 of Schedule 3 to this Act, or
(b) in accordance with any arrangements made under subsection (3) below.
(3) Where the parents of any pupils at the school—
(a) desire them to receive religious education in accordance with any agreed syllabus adopted by the local education authority for the area in which the school is situated for use in schools maintained by the authority, and
(b) cannot with reasonable convenience cause those pupils to attend a school at which that syllabus is in use,
the governing body shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for religious education in accordance with that syllabus to be given to those pupils in the school.
(4) Religious education under any such arrangements shall be given during the times set apart for the giving of religious education in the school in accordance with the provision for that purpose included in the school’s basic curriculum by virtue of section 2(1)(a) of the [1988 c. 40.] Education Reform Act 1988.
(5) The head teacher of a school to which this section applies shall give notice in writing to the council constituted under section 11 of that Act (standing advisory councils on religious education) by the local education authority in whose area the school is of any agreed syllabus which is in use at the school in accordance with subsection (3) above.
(1) Subsection (2) below applies where, in the case of a school in relation to which section 138 or 139 of this Act for the time being applies, proposals that the required provision for religious education should be provision for religious education in accordance with the tenets of a particular religion or religious denomination are approved under section 98 of this Act.
(2) From the time at which the proposals fall to be implemented—
(a) the required provision for religious education shall (subject to subsection (3) below) be provision for religious education either in accordance with the tenets of that religion or religious denomination or in accordance with any arrangements made under section 140(3) of this Act (as applied by paragraph (b) below),
(b) section 140(3) to (5) of this Act shall apply in relation to the school, and
(c) any provisions of section 138 or 139 of this Act which apply in relation to the school shall cease to apply in relation to it.
(3) Where, in the case of any grant-maintained school, proposals that the required provision for religious education should be provision for religious education otherwise than in accordance with the tenets of a particular religion or religious denomination are approved under section 98 of this Act—
(a) section 138 of this Act shall apply in relation to the school from the time at which the proposals fall to be implemented, and
(b) any provisions of section 139 or 140 of this Act which apply in relation to the school shall cease to apply in relation to it from that time.
(4) In this section, “the required provision for religious education”, in relation to a school, means the provision for religious education for pupils at the school which is required by section 2(1)(a) of the [1988 c. 40.] Education Reform Act 1988 to be included in the school’s basic curriculum.
Education Act 1993