Diocesan Boards of Education Measure 1991

7 [F1 Powers of Board to give directions to governing bodies of voluntary aided church schools.] E

[F2 (1) Where the Board is satisfied that the governing body of a voluntary aided church school in the diocese in discharging, or failing to discharge, its functions so far as relating to—

[F3 (a) the making of any prescribed alteration to the school—

(i) in the case of a school in England, under Part 2 of the Education and Inspections Act 2006 (“ the 2006 Act ”), or

(ii) in the case of a school in Wales, under Chapter 2 of Part 2 of the School Standards and Framework Act 1998 (“ the 1998 Act ”), or

(b) the discontinuance of the school—

(i) in the case of a school in England, under Part 2 of the 2006 Act or section 30 of the 1998 Act, or

(ii) in the case of a school in Wales, under Chapter 2 of Part 2 of the 1998 Act, or

(c) in the case of a school in Wales, changing the school's category in accordance with paragraph 2 or 3 of Schedule 8 to the 1998 Act,]

is acting in a manner which is not in the interests of that school or of church schools generally, the Board may, subject to subsection (1A) below, give directions to the governing body as to the discharge of those functions.

(1A) The Board may not, under subsection (1) above, give directions as to the publication of proposals [F4 under section 19(3) of the 2006 Act or paragraph 2 or 3 of Schedule 8 to the 1998 Act] which would prevent the publication of proposals for the school to become a foundation school.]

(2) Where the giving of directions under subsection (1) above is to be considered at any meeting of the Board, at least fourteen days’ notice of the time and place at which the meeting is to be held shall be given by the secretary of the Board to [F5 the clerk to the governing body] of the school concerned, and the governors of that school shall be entitled to attend that meeting; and no directions shall be given unless they have been approved by a two-thirds majority of the members of the Board present and voting at the meeting.

(3) It shall be the duty of a governing body to comply with any lawful directions given to it under subsection (1) above and if, before the expiration of the period of six months beginning on the date on which the directions are given, the governing body fails to comply with directions with respect to any of the following matters, that is to say—

[F6 (a) publication of proposals for any prescribed alteration to the school [F7 under section 19(3) of the 2006 Act or section 28(2)(b) of the 1998 Act]; or

(b) [F8 in the case of a school in Wales] publication of proposals under paragraph 2 or 3 of Schedule 8 to [F9 the 1998 Act],

the Board may itself publish those proposals, and [F10 the provisions of the 1998 Act and the 2006 Act] shall apply to anything done by the Board by virtue of this subsection as if it had been done by the governing body of the school.]

(4) Where the Board gives any directions under subsection (1) above it shall cause a report thereon to be laid before the next meeting of the diocesan synod.

F11 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Side note to s. 7 substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30, para. 31(e)(with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F2 S. 7(1)(1A) substituted for s. 7(1) (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 31(a)(with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F3 S. 7(1)(a)-(c) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 5(2); S.I. 2007/935, art. 7(o)

F4 Words in s. 7(1A) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 5(3); S.I. 2007/935, art. 7(o)

F5 Words in s. 7(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30, para. 31(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F6 Words in s. 7(3) substituted (1.9.1999) by virtue of 1998 c. 31, s. 140(1), Sch. 30, para. 31(c) )(with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F7 Words in s. 7(3)(a) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 5(4)(a); S.I. 2007/935, art. 7(o)

F8 Words in s. 7(3)(b) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 5(4)(b)(i); S.I. 2007/935, art. 7(o)

F9 Words in s. 7(3)(b) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 5(4)(b)(ii); S.I. 2007/935, art. 7(o)

F10 Words in s. 7(3) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 5(4)(c); S.I. 2007/935, art. 7(o)

F11 S. 7(5) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 31(d), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Commencement Information

I1 S. 7 fully in force at 1.8.1991 see s. 13(3) and Archbishops' Instrument made at 26.7.1991