School Standards and Framework Act 1998

[F1 Review of instruments of government E+W

Textual Amendments

F1 Schs. 9-13 repealed (1.10.2002 for E. for specified purposes, 1.9.2003 for E., 1.9.2004 for W. for specified purposes, 31.10.2005 for W. for specified purposes, 31.3.2008 for W. in so far as not already in force) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1667, art. 4; S.I. 2004/1728, art. 5, Sch. Pt. 2; S.I. 2005/2910, art. 4, Sch.; S.I. 2007/3611, art. 4(2), Sch. Pt. 2

4 (1) The governing body or the local education authority may review the instrument at any time after it is made. E+W

(2) The governing body or the authority shall review the instrument on such occasions as may be prescribed; and regulations may require the instrument to be varied at the instance of the governing body in such circumstances as may be prescribed.

(3) Where—

(a) on any review the governing body or the authority decide that the instrument should be varied, or

(b) any regulations under sub-paragraph (2) require the instrument to be varied,

the governing body or (as the case may be) the authority shall notify the other of their proposed variation.

(4) Where the governing body have received a notification under sub-paragraph (3), they shall notify the authority as to whether or not they are content with it.

(5) Where the school has foundation governors, the governing body shall not give the authority—

(a) any notification under sub-paragraph (3), or

(b) any notification under sub-paragraph (4) to the effect that they are content with the authority’s proposed variation,

unless the persons mentioned in paragraph 3(2) have agreed to the proposed variation.

(6) If—

(a) both the governing body and the authority are content with a proposed variation as notified under sub-paragraph (3), or

(b) there is agreement between the authority, the governing body and (if the school has foundation governors) the persons mentioned in paragraph 3(2) that some other variation should be made instead,

the instrument shall be varied accordingly by order of the authority.

(7) If, in the case of a school which has foundation governors, there is at any time disagreement as to the proposed variation among the bodies and persons mentioned in sub-paragraph (6)(b), any of those bodies or persons may refer the proposed variation to the Secretary of State; and on such a reference the Secretary of State shall give such direction as he thinks fit having regard, in particular, to the category of school to which the school belongs.

(8) If neither of paragraphs (a) and (b) of sub-paragraph (6) applies in the case of a school which does not have foundation governors, the authority shall—

(a) notify the governing body of the reasons—

(i) why they are not content with the governing body’s proposed variation, or

(ii) why they wish to proceed with their own proposed variation,

as the case may be, and

(b) give the governing body a reasonable opportunity to reach agreement with the authority on revising the variation;

and the instrument shall be varied by order of the authority either in the manner agreed between the authority and the governing body or (in the absence of such agreement) in such manner as the authority think fit having regard, in particular, to the category of school to which the school belongs.

(9) Where there is no such agreement (and no variation is required by regulations under sub-paragraph (2)), sub-paragraph (8) does not require the authority to vary the instrument if they consider it appropriate not to do so.

(10) The following requirements under paragraph 3, namely—

(a) the requirement under sub-paragraph (3) for the authority to consider compliance with all applicable statutory provisions, and

(b) the requirement under sub-paragraph (6) to have regard, in connection with the name of the school, to guidance given by the Secretary of State,

shall apply in relation to a proposed variation of an instrument of government as they apply in relation to a draft of such an instrument.

(11) Where an instrument of government is varied under this paragraph—

(a) the instrument shall set out the date on which the variation takes effect, and

(b) paragraph 1(3) shall apply in relation to any variation relating to the manner in which the governing body are to be constituted as if it referred to the date when the variation is made rather than the date when the instrument is made.

(12) Nothing in this paragraph requires the agreement of, or enables any objection to be made by, any body or person to any proposed variation that reflects any decision taken by the governing body or any other person which the governing body or that person is required or authorised to take by virtue of any statutory provision.]