Diocesan Boards of Education Measure 1991

3 Transactions for which advice or consent of Board is required. E

(1) The governing body of any church school, and the trustees of any church educational endowment held wholly or partly for or in connection with any church school, shall obtain the advice of the Board for the diocese in which the school is situated and shall have regard to that advice [F1 before—.

[F2 (a) publishing proposals for any prescribed alteration to the school—

(i) in the case of a school in England, under section 19(3) of the Education and Inspections Act 2006 (“ the 2006 Act ”), or

F3 ( ii ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) publishing proposals for the discontinuance of the school—

(i) in the case of a school in England, under section 15(2) of the 2006 Act, or

F4 ( ii ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(c) serving notice of an intention to discontinue the school under section 30(1) of [F5 School Standards and Framework Act 1998 (“ the 1998 Act ”) ] ;

[F6 (cc) consulting under section 89(2) of [F7 the 1998 Act] about proposed admission arrangements for any school year;]

F8 ( d ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) making any application to, or entering into any agreement with, any body or person for or in connection with any disposal (whether by sale or otherwise) of the premises of the school or any part of them.]

[F9 (1A) The governing body of a church school in England shall not, unless it has obtained the consent in writing of the Board for the diocese in which the school is situated, publish proposals under section 19 of the 2006 Act—

(a) where the school is a voluntary school, for a change of category to foundation school, or

(b) where the school is a foundation school, for a change in the instrument of government which results in the majority of governors being foundation governors.

(1B) Subsection (1)(a)(i) does not apply in any case where by virtue of subsection (1A) the consent of the Board is required.]

(2) Subject to subsection (3) below, the governing body of any church school which is [F10 a voluntary aided school] shall not, unless it has obtained the consent in writing of the Board for the diocese in which the school is situated, enter into any agreement or arrangement with any body or person for or in connection with any alteration or repair of the premises of the school, being an alteration or repair in respect of which grant may be paid by the Secretary of State or of which the approval of the Secretary of State is required before it is carried out.

(3) Subsection (2) above shall not apply in relation to any alteration or repair of premises of which the estimated cost is less than such amount as may from time to time be determined by the Board for the diocese in which the school is situated.

F11 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(6) Where the giving of advice under subsection (1) F12 . . . or consent under [F13 subsection (1A) or (2)] F14 . . . 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 [F15 the clerk to the governing body] of the school concerned, and the governors of that school shall be entitled to attend that meeting.

Textual Amendments

F1 Word and sub-paras (a)-(e) in s. 3(1) substituted (1.9.1999) by 1998 c. 31, ss. 140(1), Sch. 30 para. 30(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1

F2 S. 3(1)(a)(b) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 4(2)(a); S.I. 2007/935, art. 7(o)

F3 S. 3(1)(a)(ii) omitted (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 15(2)(a); S.I. 2013/1800, art. 3(j)

F4 S. 3(1)(b)(ii) omitted (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 15(2)(a); S.I. 2013/1800, art. 3(j)

F5 Words in s. 3(1)(c) substituted (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 15(2)(b); S.I. 2013/1800, art. 3(j)

F6 S. 3(1)(cc) inserted (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 13 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 9); S.I. 2006/172, art. 4, Sch.

F7 Words in s. 3(1)(cc) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 4(2)(b); S.I. 2007/935, art. 7(o)

F8 S. 3(1)(d) omitted (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 15(2)(a); S.I. 2013/1800, art. 3(j)

F9 S. 3(1A)(1B) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 4(3); S.I. 2007/935, art. 7(o)

F10 Words in s. 3(2) substituted (1.9.1999) by 1998 c. 31, ss. 140(1), Sch. 30, para. 30(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1

F11 S. 3(4)(5) repealed (1.9.1999) by 1998 c. 31, ss. 140(1)(3), Sch. 30 para. 30(c), Sch.31(with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F12 Words in s. 3(6) repealed (1.1.1994) by 1993 c. 35, ss. 303, 307(1)(3), Sch. 19 para. 163(c), Sch. 21 Pt. II; S.I. 1993/3106, art. 4, Sch. 1.

F13 Words in s. 3(6) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 4(4); S.I. 2007/935, art. 7(o)

F14 Words in s. 3(6) repealed (1.9.1999) by 1998 c. 31, ss. 140(1)(3), Sch. 30, para. 30(d)(i), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F15 Words in s. 3(6) substituted (1.9.1999) by 1998 c. 31, ss. 140(1), Sch. 30, para. 30(d)(ii) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1

Commencement Information

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