Education Reform Act 1988

Chapter IV E+W Grant-Maintained Schools

Duty of Secretary of State to maintain certain schools E+W

[F1 52 Duty of Secretary of State to maintain certain schools. E+W

(1) Subject to the provisions of this Chapter, and the granting of approval to proposals submitted under section 62(2) below in accordance with the provisions of that section, it shall be the duty of the Secretary of State to maintain any school conducted by a governing body incorporated under this Chapter for the purpose of conducting the school.

(2) For the purposes of this Chapter, the duty of the Secretary of State to maintain a school is a duty to make such payments in respect of the expenses of maintaining the school as are required by the following provisions of this Chapter.

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

F1 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 S. 52 repealed (1.1.1994 in respect of s. 52(3)-(9) and otherwiseprosp.) by 1993 c. 35, ss. 307(1)(3), 308(3), Sch. 19 para. 126, Sch. 21Pt. I; S.I. 1993/3106, art. 4,Sch. 1 Appendix (with art. 5, Sch. 2) (as amended by S.I. 1994/436, art.2)

F2 S. 52(6)(7) repealed by S.I. 1990/2031, art. 3

Modifications etc. (not altering text)

C1 S. 52(1)(2) modified (1.1.1994) by S.I. 1993/3103, reg.3 Sch. 2

Government, powers and conduct E+W

F3 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F3 S. 53 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F4 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F4 S. 54 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F5 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F5 S. 55 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2) (as amended by S.I. 1994/436, art.2).

F6 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F6 S. 56 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2) (as amended by S.I. 1994/436, art.2).

57 Powers of the governing body. E+W

(1) The governing body of a grant-maintained school shall have power to conduct a school of the same description, subject to any changes authorised under section 89 or 91 of this Act, as the school immediately before it became a grant-maintained school.

(2) The school conducted by the governing body of a grant-maintained school shall be regarded for the purposes of subsection (1) above as remaining of the same description as the school immediately before it became a grant-maintained school if no changes are made in the character or premises of the school which require to be authorised under either of those sections.

(3) Subject to subsection (4) below and to any provision made by the instrument or articles of government of the school, the governing body of such a school shall have power to do anything which appears to them to be necessary or expedient for the purpose of or in connection with the conduct of the school as for the time being constituted, including in particular power—

(a) to assume the conduct as from the incorporation date in relation to the school of the school as constituted immediately before that date, and for that purpose to receive any property, rights and liabilities transferred to the governing body under section 74 of this Act;

(b) to acquire and dispose of land and other property;

(c) to enter into contracts, including in particular contracts for the employment of teachers and other staff;

(d) to invest any sums not immediately required for the purposes of meeting the expenses of conducting the school or any liability transferred to the governing body under section 74 of this Act; and

(e) to accept gifts of money, land or other property and apply it, or hold and administer it on trust, for any such purposes.

(4) Subsection (3) above does not confer power to borrow money; and the power under paragraph (b) of that subsection to dispose of land—

(a) does not include power to grant any mortgage, charge or other security in respect of any land; and

(b) may only be exercised with the written consent of the Secretary of State.

(5) Without prejudice to subsection (3) above, but subject to any provision made by the instrument or articles of government of the school, the governing body of a grant-maintained school shall also have power to provide education at the school which is neither primary nor secondary education, provided that

[F7 (a) it is part-time education suitable to the requirements of persons of any age over compulsory school age, or full-time education suitable to the requirements of persons who have attained the age of nineteen years; or

(b)]

they do so as agents for a local education authority under arrangements made with the authority for the purpose.

Textual Amendments

F7 S. 57(5)(a) and word inserted (1. 8. 1993) by Further and Higher Education Act 1992 (c. 13), s. 13(1); S.I. 1992/831, art. 2, Sch.4.

F8 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F8 S. 58 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2) (as amended by S.I. 1994/436, art.2).

F9 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F9 S. 59 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

Procedure for acquisition of grant-maintained status E+W

F10 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F10 S. repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F11 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F11 S. 61 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F12 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F12 S. repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F13 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F13 S. 63 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F14 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F14 S. 64 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F15 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F15 S. 65 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F16 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F16 S. 66 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F17 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F17 S. 67 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F18 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F18 S. 68 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F19 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F19 S. 69 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch.21 Pt. I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F20 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F20 S. 70 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F21 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F21 S. 71 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F22 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F22 S. 72 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

Procedure for acquisition of grant-maintained status E+W

F10 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F10 S. repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F11 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F11 S. 61 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F12 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F12 S. repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F13 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F13 S. 63 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F14 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F14 S. 64 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F15 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F15 S. 65 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F16 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F16 S. 66 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F17 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F17 S. 67 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F18 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F18 S. 68 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F19 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F19 S. 69 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch.21 Pt. I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F20 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F20 S. 70 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F21 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F21 S. 71 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

Proposals under section 12 or 13 of the 1980 Act in respect of schools eligible for grant-maintained status E+W

73 Proposals for alteration, etc., of schools eligible for grant-maintained status. E+W

(1) Before formulating in respect of any school which is eligible for grant-maintained status any proposals for a purpose mentioned in section 12(1)(c) or (d) of the 1980 Act (proposals to cease to maintain certain schools or to make significant changes in the character, or enlargements of the premises of, a county school), the local education authority shall consult the governing body of the school.

(2) No proposals shall be published under section 12 or 13 of that Act in respect of any school in respect of which proposals for acquisition of grant-maintained status have been approved.

(3) Subsection (4) below applies in any case where either—

(a) after proposals for acquisition of grant-maintained status have been published in respect of any school which is eligible for grant-maintained status but before those proposals are withdrawn or determined proposals under section 12 or 13 of that Act in respect of the school are first published for the purposes of that section; or

(b) after proposals under section 12 or 13 of that Act in respect of any such school have first been published for the purposes of that section but before those proposals are withdrawn or determined the governing body of the school publish proposals for acquisition of grant-maintained status for the school.

(4) In any case to which this subsection applies—

(a) the proposals under section 12 or 13 of that Act shall require the approval of the Secretary of State where they would not do so apart from this provision; and

(b) the Secretary of State shall consider both sets of proposals together but shall not determine the proposals under section 12 or 13 of that Act until he has made his determination with respect to the proposals for acquisition of grant-maintained status.

(5) If in any such case the Secretary of State approves the proposals for acquisition of grant-maintained status, he shall reject the proposals under section 12 or 13 of that Act in respect of the school.

(6) Where proposals under section 12 or 13 of that Act in respect of any school which is eligible for grant-maintained status have first been published for the purposes of that section and have not been withdrawn or determined, the Secretary of State—

(a) may determine a period of suspension in relation to the proposals; and

(b) may from time to time by a further determination extend any period of suspension previously determined under this subsection.

(7) A determination under subsection (6) above may be made in relation to all cases to which that subsection applies or in relation to any particular case; and a determination under that subsection which extends the period of suspension previously so determined may be made before or after the expiry of that period.

(8) Where it is for the local education authority to determine proposals to which a period of suspension determined under subsection (6) above applies, the proposals shall not be determined until the end of that period; and in such a case section 12(7) of the 1980 Act (which requires the authority to make such a determination within four months after the submission of proposals to the Secretary of State) shall have effect as if for the reference to the submission of the proposals to the Secretary of State there were substituted a reference to the end of that period.

(9) Where proposals to which a period of suspension determined under that subsection applies require the approval of the Secretary of State, he may suspend his consideration of the proposals—

(a) where proposals for acquisition of grant-maintained status for the school are published before the end of the period of suspension, until the end of the period of two months beginning with the date of publication of those proposals; or

(b) in any other case, until the end of the period of suspension.

(10) Where the Secretary of State makes a determination under subsection (6) above in relation to proposals under section 12 or 13 of the 1980 Act made in respect of any school, he shall give written notification of the determination—

(a) to the governing body of the school; and

(b) in the case of proposals under section 12 of that Act, to the local education authority.

(11) The power of the Secretary of State under subsection (6) above shall not apply in relation to proposals under section 12 or 13 of that Act published on or after such date as may be appointed for the purposes of this section by order made by the Secretary of State.

(12) Where—

(a) proposals under section 12 or 13 of that Act with respect to a change in the character or an enlargement of the premises of any school have been approved; and

(b) the school becomes a grant-maintained school before those proposals have been implemented;

those proposals shall be treated for the purposes of this Chapter as if they had been published and approved under section 89 of this Act.

Modifications etc. (not altering text)

C2 S. 73(2)(12) modified (1.1.1994) by S.I. 1993/3103, reg. 3 Sch.2

Transfer of property and staff, etc. E+W

F23 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F23 S. 74 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F24 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F24 S. 75 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F25 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F25 S. 76 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F26 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F26 S. 77 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F27 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F27 S. 78 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 126, Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

Finance E+W

79 Maintenance grants, special purpose grants and capital grants. E+W

(1) The payments the Secretary of State is required to make in pursuance of his duty to maintain a grant-maintained school are annual grants to the governing body of the school in respect of expenditure for the purposes of the school incurred or to be incurred by the governing body in the financial year to which any such grant relates (to be known as maintenance grants).

(2) The amount of the maintenance grant payable in respect of such a school for any financial year shall be such as may be determined (and from time to time revised) in accordance with regulations made by the Secretary of State under this section (referred to below in this Chapter as grant regulations).

(3) Grant regulations may also provide for the payment to the governing bodies of such schools—

(a) of grants (to be known as special purpose grants) in respect of expenditure incurred or to be incurred by them of any class or description specified in the regulations—

(i) for or in connection with educational purposes of any class or description so specified;

(ii) in making any provision (whether of educational services or facilities or otherwise) of any class or description so specified which appears to the Secretary of State to be required for meeting any special needs of the population of the area served by the school; or

(iii) in respect of expenses of any class or description so specified, being expenses which it appears to the Secretary of State the governing bodies of such schools cannot reasonably be expected to meet from maintenance grant; and

(b) of grants (to be known as capital grants) in respect of expenditure of a capital nature incurred or to be incurred by them of any class or description so specified.

(4) Grant regulations may provide for special purpose grants to be payable on a regular basis in respect of expenditure of a recurrent kind or by reference to expenditure incurred or to be incurred on particular occasions or during any particular period.

(5) The amount of any capital grant shall be equal to 100 per cent. of the expenditure in respect of which it is made.

(6) The descriptions of expenditure which are to be regarded for the purposes of subsection (3)(b) above as expenditure of a capital nature shall be such as may be determined by or in accordance with the regulations.

(7) A governing body to whom any payments in respect of maintenance grant or special purpose grants are made shall comply with such requirements as the Secretary of State may from time to time impose, being requirements—

(a) specified in grant regulations as requirements which may be imposed by the Secretary of State on governing bodies to whom such payments are made; or

(b) determined in accordance with such regulations by the Secretary of State.

(8) A governing body to whom any payments in respect of capital grant are made shall comply with such requirements determined by the Secretary of State as he may from time to time impose.

(9) Requirements imposed under subsection (7) or (8) above—

(a) may be imposed on or at any time after the making of any payment by reference to which they are imposed; and

(b) may at any time be waived or removed or, subject to subsection (10) below, varied by the Secretary of State.

(10) The power of the Secretary of State to vary such a requirement—

(a) does not apply to a requirement imposed under subsection (7)(a) above; and

(b) is subject, in the case of a requirement imposed under subsection (7)(b) above, to the provisions of the regulations with respect to the determination of the requirements that may be so imposed in the case of payments in respect of the grants in question.

(11) The requirements—

(a) which may be specified in or authorised by grant regulations as requirements which may be imposed on governing bodies to whom payments are made in respect of special purpose grants; or

(b) which may be imposed by the Secretary of State on a governing body to whom payments in respect of capital grants are made;

include in particular requirements with respect to the repayment, in whole or in part, of payments made in respect of those grants if any other requirement imposed under subsection (7) or (8) above by reference to payments of such grants (whether imposed before, at or after the time when the payments subject to the repayment requirement are made) is not complied with.

(12) Subject to—

(a) any requirements imposed by the Secretary of State under subsection (7) above; and

(b) any requirements with respect to the application of maintenance grant contained in the articles of government of the school;

it shall be the duty of the governing body of a grant-maintained school to apply any payments made to them in respect of maintenance grant solely for the purposes of the school.

[F28 (13) In this section “the purposes of the school” do not include purposes wholly referable to the provision of—

(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]

Textual Amendments

F28 S. 79(13) added (1. 8. 1993) by Further and Higher Education Act 1992 (c. 13), s. 13(2); S.I. 1992/831, art. 2, Sch.4.

Modifications etc. (not altering text)

C3 Power to transfer functions conferred on s. 79 (prosp.) by 1993 c. 35, ss. 307(2), 308(3), Sch. 20 para.2

Ss. 79-91 modified (1.1.1994) by 1993/3103, reg. 3, Sch.2

80 Grants: further provisions. E+W

(1) The times at which, and the manner in which, payments are made in respect of—

(a) maintenance grant for any grant-maintained school in respect of any financial year;

(b) special purpose grants; and

(c) capital grants;

shall be such as may be determined from time to time by the Secretary of State.

(2) Payments in respect of maintenance grant for any such school in respect of any financial year may be made, before any amount has been determined in accordance with grant regulations as the amount of such grant payable for that year in respect of that school, by reference to an estimate of the amount which will be so payable made by the Secretary of State.

(3) Where in respect of any financial year any over-payment of maintenance grant is made to the governing body of such a school a sum equal to the amount of that over-payment shall be recoverable from the governing body by the Secretary of State.

(4) Where any sum is payable by the governing body of such a school to the Secretary of State—

(a) in respect of any over-payment of maintenance grant in respect of any financial year; or

(b) by way of repayment of special purpose grant or capital grant (whether by virtue of any such requirement as is mentioned in section 79(11) of this Act or otherwise);

the Secretary of State may (without prejudice to any other mode of recovery) recover the whole or any part of that sum by deducting it from any grant payable by him to the governing body.

(5) References in this section, in relation to any such school, to an overpayment of maintenance grant in respect of any financial year are references to any amount by which the aggregate amount of any payments in respect of maintenance grant made to the governing body of the school in respect of that year exceeds the amount finally determined in accordance with grant regulations as the amount of maintenance grant payable for that year in respect of the school.

Modifications etc. (not altering text)

C4 Power to transfer functions conferred on s. 80 (prosp.) by 1993 c. 35, ss. 307(2), 308(3), Sch. 20 para.2

Ss. 79-91 modified (1.1.1994) by S.I. 1993/3103, reg. 3, Sch.2

81 Recovery from local funds of sums in respect of maintenance grant. E+W

(1) The Secretary of State may in respect of any financial year recover from the former maintaining authority sums in respect of the maintenance grant payable for that year to the governing body of a grant-maintained school.

(2) Subject to subsection (5) below, sums recoverable by virtue of subsection (1) above in respect of any school for any financial year—

(a) shall be of such amounts; and

(b) shall fall due on such date or dates;

as may be determined by the Secretary of State.

(3) The total amount so recoverable shall be such as may be determined (and from time to time revised) in accordance with regulations made by the Secretary of State under this section (referred to below in this section as recoupment regulations).

(4) Subject to any provision made by such regulations by virtue of subsection (6) below, recoupment regulations shall provide for the total amount so recoverable to be determined by reference to any amount determined under grant regulations as the amount of the maintenance grant payable in respect of the school and the financial year in question (as from time to time revised).

(5) The amount of any sum so recoverable shall be determined—

(a) where before the determination of the amount of that sum any amount has been determined under recoupment regulations as the total amount recoverable by virtue of subsection (1) above in respect of the school and financial year in question, by reference to any amount so determined as the total amount so recoverable; and

(b) in any other case, by reference to any amount estimated by the Secretary of State as the amount which will initially be so determined as the total amount so recoverable;

which the Secretary of State considers it appropriate to adopt for the time being as a basis for determining the amounts of sums so recoverable.

(6) Recoupment regulations may provide for reducing any amount which would otherwise fall to be determined under the regulations as the total amount recoverable from any authority by virtue of subsection (1) above in respect of any school for any financial year by reference to any excess amounts recovered under this section in respect of any previous financial year.

(7) For the purposes of subsection (6) above an excess amount is recovered under this section in respect of any financial year if the aggregate amount of the sums recovered under this section for that year from the former maintaining authority for any grant-maintained school—

(a) in respect of any school in respect of which sums are recoverable from the authority under this section; or

(b) where there is more than one such school, in respect of both or all of those schools;

exceeds the total amount recoverable under this section in accordance with recoupment regulations in respect of that school or (as the case may be) in respect of both or all of those schools for that year.

(8) The Secretary of State may recover sums due to him under this section from such an authority in either or both of the following ways—

(a) by requiring the authority to pay the whole or any part of any such sum at such time or times as he thinks fit; and

(b) by deducting, at such time or times as he thinks fit, the whole or any part of any such sum from any grant payable by him to the authority under any enactment (whether passed before or after this Act) [F29 or from any amount payable by him to the authority under Part III of Schedule 8 to the Local Government Finance Act 1988 (which makes provision in respect of redistributed non-domestic rates).].

(9) Any sums received by the Secretary of State by virtue of this section shall be paid into the Consolidated Fund.

Textual Amendments

F29 Words in s. 81(8)(b) added (1. 4. 1993) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 58(1) (with s. 118(1)(2)(4)); S.I. 1992/2454, art.3.

Modifications etc. (not altering text)

C5 Ss. 79-91 modified (1.1.1994) by 1993/3103, reg. 3, Sch.2

82 Provisions consequential on section 81. E+W

(1) For the purposes of determining the grant related expenditure of a local authority in accordance with Part VI of the M1 Local Government, Planning and Land Act 1980—

(a) the provision of education for registered pupils at any grant-maintained school in respect of which sums are recoverable from the authority under section 81 of this Act shall be regarded as a function of the authority; but

(b) no account shall be taken of the authority’s actual expenditure in any year under that section in determining so much of the authority’s notional total expenditure for that year as is referable to the notional exercise of that function.

(2) Subsection (1)(b) above applies notwithstanding that the whole or any part of the actual expenditure there mentioned falls in accordance with section 3 of the M2 Local Government Finance Act 1987 to be taken into account in determining the authority’s total expenditure in relation to the year in question for the purposes of Part VI.

(3) In subsections (1) and (2) above—

• “local authority” means a body which is a local authority for the purposes of Part VI; and

• “year” has the same meaning as in that Part;

and the reference in subsection (1)(a) above to the provision of education includes a reference to the provision of any benefits or services for which provision is made by or under the enactments relating to education.

(4) For the purposes of sections 51 and 52 of the 1986 Act (recoupment for provision for education of pupils belonging to, or having connection with, area of another authority) the provision for education made in any financial year in respect of a registered pupil at a grant-maintained school shall be taken to have been made by the local education authority from whom sums are recoverable under section 81 of this Act in respect of the school and that year.

(5) The reference in subsection (4) above to provision for education includes a reference to provision of any benefits or services for which provision is made by or under the enactments relating to education.

(6) The governing body of a grant-maintained school shall provide the local education authority from whom sums are recoverable under section 81 of this Act in respect of the school with such information relating to the registered pupils at the school as the authority may require for the purposes of claiming any amount in respect of any such pupil from another authority under section 51 of the 1986 Act or by virtue of regulations under section 52 of that Act.

Modifications etc. (not altering text)

C6 Ss. 79-91 modified (1.1.1994) by 1993/3103, reg. 3, Sch.2

Marginal Citations

M1 1980 c. 65.

M2 1987 c. 6.

Admissions E+W

83 Admissions. E+W

(1) The governing body of a grant-maintained school shall not fix as the number of pupils in any relevant age group it is intended to admit to the school in any school year a number which is less than the approved admission number for that age group.

(2) Subject to subsection (3) below, for the purposes of subsection (1) above, as it applies in relation to any such school—

(a) the approved admission number in relation to any relevant age group is the number specified in the proposals for acquisition of grant-maintained status for the school in accordance with section 62(8) of this Act;

(b) pupils intended to be admitted to the school for nursery education shall be disregarded; and

(c) pupils already so admitted intended to be transferred to a reception class at the school shall be treated as intended to be admitted to the school on their transfer.

(3) The approved admission number in relation to any relevant age group may be varied in the case of any such school with the approval of the Secretary of State.

Modifications etc. (not altering text)

C7 Ss. 79-91 modified (1.1.1994) by S.I. 1993/3103, reg. 3 Sch.2

Religious education E+W

84 Religious education in former county schools. E+W

(1) This section applies to a grant-maintained school which was a county school immediately before it became a grant-maintained school; but the provisions of this section are subject to section 87 of this Act.

(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 this Act 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 this 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 this 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) In the case of a school to which this section applies the provision for religious education for pupils at the school which is required by section 2(1)(a) of this Act to be included in the school’s basic curriculum shall be provision for religious education in accordance with the appropriate agreed syllabus.

(8) That syllabus shall not provide for religious education to be given to pupils at such a school by means of any catechism or formulary which is distinctive of any particular religious denomination; but this provision is not to be taken as prohibiting provision in that syllabus for the study of such catechisms or formularies.

(9) Subject to section 88(3) of this Act, for the purposes of subsection (7) above “the appropriate agreed syllabus" is, in relation to a school to which this section applies or to any pupils at the school, the agreed syllabus which immediately before the school became a grant-maintained school was adopted under Schedule 5 to the 1944 Act for use in the school or for those pupils.

(10) The arrangements for the collective worship in a school to which this section applies required by section 6 of this Act shall be made by the head teacher after consultation with the governing body.

(11) Subsection (12) below applies where a secondary school to which this section applies is so situated that arrangements cannot conveniently be made for the withdrawal of pupils from the school in accordance with section 9 of this Act to receive religious education elsewhere.

(12) If in any such case the governing body are satisfied—

(a) that the parents of pupils in attendance at the school desire them to receive religious education in the school in accordance with the tenets of a particular 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 owing to any special circumstances it would be unreasonable to do so, provide facilities for the carrying out of those arrangements.

(13) No person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship, from being a teacher in, or from being otherwise employed for the purposes of, a school to which this section applies.

(14) No teacher in a school to which this section applies shall be required to give religious education or receive any less emolument or be deprived of, or disqualified for, any promotion or other advantage by reason of the fact that he does or does not give religious education or by reason of his religious opinions or of his attending or omitting to attend religious worship.

(15) 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 this Act takes place otherwise than on the school premises.

Modifications etc. (not altering text)

C8 Ss. 79-91 modified (1.1.1994) by 1993/3103, reg. 3, Sch.2

85 Religious education in former controlled schools. E+W

(1) This section applies to a grant-maintained school which was a controlled school immediately before it became a grant-maintained school; but the provisions of this section are subject to section 87 of this Act.

(2) Where the parents of any pupils in attendance at a school to which this section applies have requested (whether before or after the school became a grant-maintained school) that they 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 controlled school;

the foundation governors shall, unless they are satisfied that owing to special circumstances it would be unreasonable so to do, make arrangements for securing that such religious education is given to those pupils at the school during not more than two periods in each week.

(3) In the case of a school to which this section applies the provision for religious education for pupils at the school which is required by section 2(1)(a) of this Act to be included in the school’s basic curriculum shall be provision for religious education—

(a) in accordance with any arrangements made under subsection (2) above; or

(b) subject to any such arrangements, in accordance with the appropriate agreed syllabus.

(4) Subject to section 88(3) of this Act, for the purposes of subsection (3) above “the appropriate agreed syllabus" is, in relation to a school to which this section applies or to any pupils at the school, the agreed syllabus which immediately before the school became a grant-maintained school was adopted under Schedule 5 to the 1944 Act for use in the school or for those pupils.

(5) No person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship, from being employed (otherwise than as a teacher) for the purposes of a school to which this section applies.

(6) No teacher in a school to which this section applies shall receive any less emolument or be deprived of, or disqualified for, any promotion or other advantage by reason of the fact that he gives religious education or by reason of his religious opinions or of his attending religious worship.

Modifications etc. (not altering text)

C9 Ss. 79-91 modified (1.1.1994) by 1993/3103, reg. 3, Sch.2

86 Religious education in former aided or special agreement schools. E+W

(1) This section applies to a grant-maintained school which was an aided or special agreement school immediately before it became a grant-maintained school; but the provisions of this section are subject to section 87 of this Act.

(2) In the case of a school to which this section applies the provision for religious education for pupils at the school which is required by section 2(1)(a) of this Act to be included in the school’s basic curriculum shall be provision for religious education—

(a) in accordance with any provisions of the trust deed relating to the school or, 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 voluntary school; or

(b) in accordance with any arrangements made under this section.

(3) Where the parents of pupils in attendance at such a 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 any school at which that syllabus is in use;

then, unless the governing body are satisfied that owing to any special circumstances it would be unreasonable to do so, they shall make arrangements for religious education in accordance with that syllabus to be given to those pupils in the school 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 this Act.

(4) No person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship, from being employed (otherwise than as a teacher) for the purposes of a school to which this section applies.

(5) No teacher in a school to which this section applies shall receive any less emolument or be deprived of, or disqualified for, any promotion or other advantage by reason of the fact that he gives religious education or by reason of his religious opinions or of his attending religious worship.

Modifications etc. (not altering text)

C10 Ss. 79-91 modified (1.1.1994) by 1993/3103, reg. 3, Sch.2

87 Changes in religious education. E+W

(1) Where, in the case of a grant-maintained school to which section 84(2) to (8) or 85(3) 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 religious denomination are approved under section 89 of this Act, then, from the time at which the proposals fall to be implemented—

(a) the required provision for religious education shall (subject to subsection (2) below) be provision for religious education either in accordance with the tenets of that religious denomination or in accordance with any arrangements made under section 86(3) of this Act (as applied by paragraph (b) below);

(b) section 86(3) to (5) of this Act shall apply in relation to the school; and

(c) subject to section 88(5) of this Act, any provisions of section 84 or 85 of this Act which apply in relation to the school shall cease to apply in relation to it.

(2) 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 religious denomination are approved under section 89 of this Act, then, from the time at which the proposals fall to be implemented—

(a) section 84(2) to (8) and (10) to (15) of this Act shall apply in relation to the school; and

(b) any provisions of section 85 or 86 of this Act which apply in relation to the school shall cease to apply in relation to it.

(3) Subject to section 88(3) of this Act, for the purposes of section 84(7) of this Act in its application to a school by virtue of subsection (2) above “the appropriate agreed syllabus" in relation to a school or to any pupils at the school is—

(a) the agreed syllabus adopted, or deemed to be adopted, under Schedule 5 to the 1944 Act by the local education authority for the area in which the school is situated for use in the schools maintained by the authority at the time at which the proposals referred to in that subsection fall to be implemented; or

(b) where at that time that authority have adopted, or are deemed to have adopted, under that Schedule for use in those schools more than one agreed syllabus, whichever of them the governing body shall determine.

(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 this Act to be included in the school’s basic curriculum.

Modifications etc. (not altering text)

C11 Ss. 79-91 modified (1.1.1994) by 1993/3103, reg. 3, Sch.2

88 Religious education: supplementary. E+W

(1) Subsections (2) and (3) below shall have effect where any agreed syllabus for the time being adopted by a local education authority which is in use at a grant-maintained school (or for any pupils at the school) falls to be reconsidered under Schedule 5 to the 1944 Act.

(2) The conference convened under that Schedule to reconsider the syllabus shall consult the governing body of the grant-maintained school before making any recommendation.

(3) Where any new syllabus is adopted, or deemed to be adopted, by the authority under that Schedule in substitution for the existing syllabus, then, for the purposes of section 84(7) of this Act (including that subsection in its application to a school by virtue of section 87(2) of this Act) or 85(3) of this Act “the appropriate agreed syllabus" in relation to the grant-maintained school (or to the pupils in question) shall be—

(a) the new syllabus so adopted, or deemed to be adopted; or

(b) if more than one new syllabus is so adopted, or deemed to be adopted, whichever of them the governing body shall determine.

(4) Where, in accordance with section 84, 85 or 86 of this Act or any proposals approved under section 89 of this Act, religious education is given to pupils at a grant-maintained school otherwise than in accordance with an agreed syllabus, such religious education shall not be subject to inspection under section 77 of the 1944 Act.

(5) Without prejudice to sections 85(5) and (6) and 86(4) and (5) of this Act, where—

(a) immediately before a school to which section 85 or 86 of this Act applies became a grant-maintained school any of the provisions of section 30 of the 1944 Act applied with respect to a teacher in the school; or

(b) the provisions of section 84(13) and (14) of this Act apply with respect to a teacher employed in a grant-maintained school falling within subsection (1) of section 87 of this Act immediately before any proposals such as are referred to in that subsection fall to be implemented;

those provisions shall continue to apply to him until he ceases to be employed as a teacher in the school.

Modifications etc. (not altering text)

C12 Ss. 79-91 modified (1.1.1994) by 1993/3103, reg. 3, Sch.2

Control over alteration and change of site E+W

89 Change of character or enlargement of grant-maintained school. E+W

(1) Subject to subsection (2) below, where the governing body of a grant-maintained school intend to make a significant change in the character, or significant enlargement of the premises, of the school they shall publish proposals for that purpose in such manner as may be required by regulations made by the Secretary of State and submit to him a copy of the published proposals.

[F30 (1A) The reference in subsection (1) above to a change in the character of a school does not include a change in character resulting only from persons beginning or ceasing to be provided with part-time education suitable to the requirements of persons of any age over compulsory school age or full-time education suitable to the requirements of persons who have attained the age of nineteen years, but it shall be the duty of the governing body of any grant-maintained school which provides such education 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.]

(2) No proposals shall be published under this section for the purpose of making a significant change in the religious character of such a school unless the trustees of the school (if any) have given their consent in writing to the change in question.

(3) Proposals published under this section shall include particulars—

(a) of the time or times at which it is intended to implement the proposals; and

(b) of the number of pupils intended to be admitted to the school in each relevant age group in the first school year in relation to which the proposals have been wholly implemented.

(4) For the purposes of subsection (3)(b) above—

(a) pupils intended to be admitted to the school for nursery education shall be disregarded; and

(b) pupils already so admitted intended to be transferred to a reception class at the school shall be treated as intended to be admitted to the school on their transfer.

(5) Proposals published under this section shall be accompanied by a statement—

(a) describing any effect the implementation of the proposals would have on provision at the school for pupils who have special educational needs; and

(b) explaining the effect of subsection (6) below.

(6) Before the end of the period of two months beginning with the date of publication of the proposals, any of the following may submit objections to the proposals to the Secretary of State—

(a) any ten or more local government electors;

(b) the governing body of any school affected by the proposals; and

(c) any local education authority concerned.

(7) The proposals shall require the approval of the Secretary of State; and he may reject them, approve them without modification or, after consultation with the governing body by whom they were made, approve them with such modifications as he thinks desirable.

(8) It shall be the duty of the governing body of a grant-maintained school to implement any proposals with respect to the school which have been approved by the Secretary of State under this section; but the Secretary of State may, at the request of the governing body, modify any proposals which they are required to implement by virtue of this subsection.

(9) Neither the governing body of a grant-maintained school nor any other person shall do or undertake anything for which proposals are required to be published and submitted in accordance with this section until such proposals have been so published and submitted and approved by the Secretary of State.

(10) The Secretary of State may in any case allow such steps to be taken by the governing body of a grant-maintained school pending compliance with the requirements of this section and the giving by him of his approval of any such proposals as he considers reasonable in the circumstances of the case.

(11) No decision taken at a meeting of the governing body of a grant-maintained school that would result in the submission of proposals under this section shall have effect unless it is confirmed at a second meeting of the governing body held not less than twenty-eight days after the first.

Textual Amendments

F30 S. 89(1A) inserted (1. 8. 1993) by Further and Higher Education Act 1992 (c. 13), s. 13(3); S.I. 1992/831, art. 2, Sch. 4.

Modifications etc. (not altering text)

C13 Ss. 79-91 modified (1.1.1994) by S.I. 1993/3103, reg. 3 Sch.2

C14 S. 89(2) saved (1.8.1991) by Diocesan Boards of Education Measure 1991 (No. 2, SIF 41:1), s. 3(5); Archbishops' Instrument 1991 No. 1 (made 26.7.1991)

90 Approval of school premises on change of character or enlargement. E+W

(1) Where the governing body of a grant-maintained school submit proposals under section 89 of this Act, they shall, at such time and in such form and manner as the Secretary of State may direct, submit to him for his approval—

(a) particulars of the access provision made or to be made with respect to the premises or proposed premises of the school indicating the extent to which the provision conforms with the minimum requirements of the Design Note so far as they are relevant to school premises; and

(b) such other particulars with respect to the premises or proposed premises of the school as he may require.

(2) In subsection (1)(a) above—

• “access provision”, in relation to school premises, means provision as to the means of access both to and within the premises; and

• “the Design Note” means Design Note 18 “Access for Disabled People to Educational Buildings" published in 1984 on behalf of the Secretary of State, or any document replacing that Note prescribed by regulations under [F31 the Town and Country Planning Act 1990].

(3) Where the proposals are approved, the governing body shall implement the proposals in accordance with the particulars submitted under this section as approved by the Secretary of State.

(4) In section 63(2) of the 1944 Act (exemption from building regulations, etc.) references to plans approved by the Secretary of State shall include references to any particulars submitted to and approved by him under this section.

Textual Amendments

F31 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 78

Modifications etc. (not altering text)

C15 Ss. 79-91 modified (1.1.1994) by 1993/3103, reg. 3, Sch.2

91 Change of site. E+W

The Secretary of State may by order authorise the transfer of a grant-maintained school to a new site; and no such school shall be transferred to a new site without the authority of an order under this section.

Modifications etc. (not altering text)

C16 Ss. 79-91 modified (1.1.1994) by 1993/3103, reg. 3, Sch.2

Discontinuance of grant-maintained schools E+W

92 Discontinuance by governing body. E+W

(1) The governing body of a grant-maintained school shall not discontinue the school except in pursuance of proposals published and approved under this section.

(2) Where the governing body of such a school—

(a) decide by a resolution passed at a meeting of that body (“the first resolution") to publish proposals under this section for the discontinuance of the school and confirm that decision by a resolution (“the second resolution") passed at a subsequent meeting of that body held not less than twenty-eight days after that at which the first resolution was passed; and

(b) give notice in writing of the second resolution to the local education authority for the area in which the school is situated;

they may within the period of six months beginning with the date of the second resolution publish proposals for that purpose in such manner as may be required by regulations made by the Secretary of State and shall submit to him a copy of the published proposals.

(3) The notice required by subsection (2)(b) above shall be given as soon as practicable after the passing of the resolution to which it refers.

(4) The published proposals—

(a) shall specify the proposed date of discontinuance of the school; and

(b) shall be accompanied by a statement—

(i) indicating whether or not any proposals with respect to the establishment of a new school on the premises of the school have been published under section 12 or 13 of the 1980 Act (which relate respectively to county schools and voluntary schools); and

(ii) explaining the effect of subsection (5) below.

(5) Before the end of the period of two months beginning with the date of publication of the proposals, any of the following may submit objections to the Secretary of State—

(a) any ten or more local government electors;

(b) the governing body of any school affected by the proposals; and

(c) any local education authority concerned.

(6) The Secretary of State may reject any proposals under this section, approve them without modification or, after consultation with the governing body, approve them with the substitution of a different date for the date of discontinuance proposed.

(7) If the Secretary of State approves proposals under this section with respect to a grant-maintained school—

(a) the governing body of the school shall cease to conduct the school; and

(b) the Secretary of State’s duty to maintain the school shall cease;

on the date of discontinuance specified in the proposals as approved or on any other date subsequently specified by the Secretary of State at the request of the governing body (whether in substitution for the date specified in the proposals as approved or in substitution for a date previously specified under this subsection).

93 Withdrawal of grant by Secretary of State. E+W

(1) The Secretary of State may cease to maintain a grant-maintained school by giving notice of his intention to do so to the governing body of the school under this section; and on the date specified in any such notice as the date on which the Secretary of State intends to cease to maintain the school the Secretary of State’s duty to maintain the school shall cease.

(2) Subject to the following provisions of this section—

(a) a notice under this section may not specify as the date on which the Secretary of State intends to cease to maintain such a school a date falling less than seven years after the date of the notice; and

(b) before giving such a notice the Secretary of State shall consult—

(i) the governing body of the school;

(ii) the local education authority for the area in which the school is situated;

(iii) the statutory diocesan body responsible for schools in the diocese in which the school is situated; and

(iv) the former maintaining authority, if that authority is not the local education authority for the area in which the school is situated.

(3) Subsection (2) above shall not apply where the Secretary of State is satisfied, in the case of any grant-maintained school, that the school as currently constituted or conducted is unsuitable to continue as a grant-maintained school on all or any of the following grounds—

(a) that the number of registered pupils at the school is too small for sufficient and suitable instruction to be provided for them at reasonable cost;

(b) that the governing body have failed for a significant period of time to carry out their duties under Chapter I of this Part;

(c) that the governing body have been guilty of substantial or persistent failure to comply or secure compliance with any other requirement imposed by or under this Act or any other enactment.

(4) In any case within subsection (3) above, the Secretary of State may give to the governing body of the school a notice stating the grounds on which he considers that the school as currently constituted or conducted is unsuitable to continue as a grant-maintained school together with full particulars of the matters relevant to each such ground.

(5) Where any of the matters of which particulars are given in a notice under subsection (4) above are stated in the notice to be in the opinion of the Secretary of State irremediable, the notice shall also state that the Secretary of State intends to cease to maintain the school on a date specified in the notice.

(6) Where subsection (5) above does not apply in the case of any notice under subsection (4) above, the notice shall—

(a) state that the Secretary of State intends to cease to maintain the school unless the matters of which particulars are given in the notice are remedied;

(b) specify the measures necessary in the opinion of the Secretary of State to remedy those matters; and

(c) specify the time, not being less than six months after the date of the notice, within which the governing body are required to take those measures.

(7) Where the governing body of a grant-maintained school fail to take the measures required by a notice under subsection (4) above within the time specified in the notice or allowed by any previous notice under this subsection, the Secretary of State shall within the period of two months beginning with the date next following the end of that time either—

(a) give notice to the governing body extending the time within which those measures are required to be taken; or

(b) after consulting the local education authority for the area in which the school is situated, give notice that he intends to cease to maintain the school on a date specified in the notice.

(8) The Secretary of State may by notice given to the governing body—

(a) withdraw any notice under subsection (1), (4) or (7)(b) above; or

(b) vary—

(i) any notice under subsection (1) or (7)(b) above; or

(ii) any notice under subsection (4) above to which subsection (5) above applies;

by substituting a later date for the date for the time being specified in the notice as the date on which he intends to cease to maintain the school; or

(c) vary any notice under subsection (4) above to which subsection (6) above applies, so far as relates to the measures required by the notice to remedy the matters of which particulars are given in the notice.

(9) If by virtue of subsection (8)(c) above the Secretary of State varies any notice under subsection (4) above so as to require different measures to be taken he shall also substitute for the time specified in the notice as the time within which the governing body are required to take the measures specified in the notice as varied a time ending—

(a) not less than six months after the date of the notice of variation; and

(b) where the time so specified has been extended under subsection (7) above, not earlier than that time as so extended.

(10) Any variation under subsection (9) above of the time specified in a notice under subsection (4) above is without prejudice to any further extension of that time under subsection (7) above.

(11) Any notice under this section shall be in writing; and references in this section to the date of any such notice given to a governing body under this section are references to the date on which it is given to the governing body.

Winding up and disposal of property E+W

94 Winding up. E+W

(1) Where in the case of any grant-maintained school—

(a) proposals for discontinuance of the school have been approved under section 92 of this Act; or

(b) the Secretary of State has given notice to the governing body of the school under section 93 of this Act specifying a date on which he intends to cease to maintain the school;

the Secretary of State may by order make provision for the winding up of the governing body of the school and the disposal of the school property.

(2) An order made under this section may—

(a) set out a proposed timetable for the winding up and, in particular, for—

(i) securing that all property belonging to the governing body or held by any trustees on trust for the purposes of the school is brought into the custody or control of that body or those trustees (as the case may require);

(ii) discharging any liabilities of the governing body;

(iii) making any provision mentioned in paragraphs (d) to (f) below; and

(iv) the preparation and audit of the governing body’s final accounts;

(b) make provision with respect to the exercise of the functions of the governing body in relation to the school, including in particular—

(i) provision requiring the governing body in the exercise of those functions to comply with any directions given by the Secretary of State;

(ii) provision authorising any of those functions to be exercised by any member of the governing body specified in the order; and

(iii) provision for the application of the seal of the governing body to be authenticated by the signature of any person so specified;

(c) make provision for conferring or imposing functions on the governing body in relation to the winding up and the management and disposal of the school property;

(d) make any provision authorised by section 95 of this Act for or in connection with the transfer of the school property;

(e) make any provision authorised by section 97 of this Act with respect to the discharge of the liabilities of the governing body and the payment of the costs of the winding up;

(f) make any provision authorised by section 98 or 99 of this Act in relation to capital expenditure in respect of the school premises;

(g) require the governing body to give to persons employed by them notice terminating their contracts of employment as from a date specified in the order; and

(h) appoint a date on which the governing body is to be dissolved.

(3) Below in this Chapter—

(a) references to a governing body in liquidation are references to a governing body in respect of whom any order has been made under this section; and

(b) references, in relation to any such governing body or the grant-maintained school conducted, or formerly conducted, by any such body, to the dissolution date are references to the date appointed in relation to that governing body by virtue of subsection (2)(h) above.

(4) The Secretary of State may make grants to a governing body in liquidation for the purpose of—

(a) discharging any liabilities of that governing body (other than section 105 loan liabilities); and

(b) meeting any costs incurred by that governing body for the purposes of the winding up under this section.

(5) The Secretary of State may impose on a governing body to whom any such payment is made such requirements as he may from time to time determine (whether before, at or after the time when the payment in question is made).

(6) The Secretary of State shall not by an order under this section appoint a date on which a governing body in liquidation is to be dissolved unless he is satisfied that—

(a) all liabilities of the governing body (other than any section 105 loan liabilities which fall to be transferred or terminated under section 97 of this Act) have been discharged;

(b) all costs of the winding up have been met; and

(c) any provision authorised by any of sections 95 to 99 of this Act which is possible and expedient in the circumstances of the case has been made and anything required to be done by the governing body for the purposes of or in connection with any such provision has been done.

(7) In this Chapter—

(a) references, in relation to a governing body in liquidation, to section 105 loan liabilities are references to any liabilities in respect of any loans made under section 105 of the 1944 Act (loans by Secretary of State towards initial capital expenditure) which were transferred to the governing body under section 74 of this Act;

(b) references, in relation to a grant-maintained school conducted or formerly conducted by a governing body in liquidation, to the school property are references to—

(i) the premises used or formerly used for the purposes of the school;

(ii) any interest belonging to the governing body or held by any trustees on trust for the purposes of the school in any dwelling-house used or held or formerly used or held for occupation by a person employed to work at the school; and

(iii) all other equipment and property used or held or formerly used or held for the purposes of the school, with the exception of money and any investments to which section 96 of this Act applies; and

(c) references to a grant-maintained school formerly conducted by a governing body in liquidation apply in circumstances where the school has been discontinued before the dissolution date and refer to the school as conducted immediately before discontinuance (and “formerly" in sub-paragraphs (i) to (iii) of paragraph (b) above applies in the same circumstances and refers to the time immediately before the discontinuance of the school concerned).

95 Disposal of school property. E+W

(1) Subject to subsection (7) below, where—

(a) a grant-maintained school conducted or formerly conducted by a governing body in liquidation was a county school immediately before it became a grant-maintained school; and

(b) proposals under section 13 of the 1980 Act that any school proposed to be established on the premises of the grant-maintained school should be maintained by a local education authority as a voluntary school have been approved;

an order under section 94 of this Act may vest the school property or any part of it in persons specified in the order to be held on trust for the purposes of the proposed school, subject to the payment by those persons of the appropriate consideration.

(2) Subject to subsection (7) below, where—

(a) a grant-maintained school conducted or formerly conducted by a governing body in liquidation was a county school immediately before it became a grant-maintained school; and

(b) any persons propose to establish on the premises of the school a new independent school;

an order under section 94 of this Act may vest the school property or any part of it in the persons proposing to establish the new school, subject to the payment by those persons of the appropriate consideration.

(3) In any case within subsection (1) or (2) above, the appropriate consideration is payable to the former maintaining authority, subject to any provision made by virtue of section 97 or 99 of this Act.

(4) Where in the case of a grant-maintained school conducted or formerly conducted by a governing body in liquidation which was a voluntary school immediately before it became a grant-maintained school proposals by a local education authority for the establishment of a new county school on the premises of the school have been published under section 12 of the 1980 Act and either—

(a) the proposals have been approved by the Secretary of State under that section; or

(b) where the proposals do not require the approval of the Secretary of State, the local education authority have determined to implement them and notified the Secretary of State of their determination in accordance with subsection (8) of that section;

an order under section 94 of this Act may vest any part of the school property which is held by persons on trust for the purposes of the school or, where all the school property is so held, the whole of the school property in the local education authority concerned beneficially, subject to the payment by that authority of the appropriate consideration.

(5) In any case within subsection (4) above the appropriate consideration is payable to the persons from whom the property is transferred, subject to any provision made by virtue of section 97 or 98 of this Act.

(6) Subject to subsections (7) and (10) below, any school property held by a governing body in liquidation immediately before the dissolution date shall vest on that date in the former maintaining authority.

(7) Subsections (1), (2) and (6) above shall not apply to any school property which is held by persons on trust for the purposes of the grant-maintained school concerned; but an order under section 94 of this Act may vest the whole or any part of any property excluded from the application of subsection (1), (2) or (6) above by virtue of this subsection in such local education authority or other person as may be specified in the order.

(8) Where it appears to the Secretary of State that any school property to be vested in a local education authority by an order made by virtue of subsection (7) above—

(a) was wholly or mainly provided at the expense of a local education authority or a former authority; or

(b) will be held by the authority for the purposes of a county or voluntary school proposed to be established on the premises of the grant-maintained school concerned;

the order may vest the property in the authority beneficially.

(9) Subject to subsection (8) above, an order made by virtue of subsection (7) above shall vest the school property in the local education authority or other person concerned on trust for such purposes as may be specified in the order.

(10) Subsection (6) above shall not apply to any items of property excluded from transfer by the Secretary of State; and the Secretary of State may exclude any item, or any class or description of items, of property from transfer if he is satisfied that that item, or items of that class or description, were procured otherwise than at the expense of the authority concerned and that it is appropriate on that account to exclude them from transfer to that authority.

(11) An order under section 94 of this Act may vest any property excluded from a transfer under subsection (6) above by virtue of subsection (10) above in such persons as may be specified in the order on such terms as may be so specified.

(12) Any property vested in any person by an order made by virtue of this section shall so vest on such date as may be specified in the order as the transfer date.

(13) In this section “the appropriate consideration” means, in relation to any school property—

(a) so far as it consists of premises (including any interest in a dwelling-house such as is mentioned in section 94(7)(b)(ii) of this Act), such an amount as the Secretary of State determines to be the market value of the premises as at the transfer date or as at a date no earlier than six months before that date; and

(b) so far as it consists of other property, such an amount as the Secretary of State determines to be a fair consideration for the transfer of that property.

(14) Nothing in any provision included in an order under section 94 of this Act by virtue of this section shall affect any interest or right of any person in, to or over any school property which is held by that person otherwise than for the purposes of the school.

96 Surplus money and investments. E+W

(1) Subject to subsection (2) below—

(a) any money held by a governing body in liquidation (whether in cash or to their account at or on deposit with any bank or other institution which may lawfully take deposits within the meaning of the M3 Banking Act 1979); and

(b) any investments to which this section applies held by such a governing body;

after discharge of all their liabilities (other than any not required to be discharged before the dissolution date is appointed) and all costs of the winding up shall be paid or (as the case may be) transferred to the Secretary of State.

(2) Where the Secretary of State is satisfied as to the whole or any part of any such money or as to any such investments—

(a) that the money or that part of it was derived or (as the case may be) those investments were acquired otherwise than from grants paid by him under this Chapter; and

(b) that it ought to be paid, or the investments ought to be transferred, to a local education authority or to some other person;

he may require the governing body to pay that money, or an amount equal to the part in question, or to transfer those investments, to such local education authority or other person as he may specify, either beneficially or to be held on trust for such purposes as he may specify.

(3) Without prejudice to the power of the Secretary of State under subsection (2) above, any payment of money or transfer of investments under this section shall be free of any trusts on which the money or investments are held by the governing body before the payment or transfer is made.

(4) This section applies to any investment within the meaning of the M4 Financial Services Act 1986 which falls within—

(a) any of paragraphs 1 to 6 of Schedule 1 to that Act; or

(b) paragraph 11 of that Schedule, so far as referring to investments falling within any paragraph of that Schedule mentioned in paragraph (a) above.

(5) References in subsection (4) above to any paragraphs of Schedule 1 to that Act include references to those paragraphs as amended by any order under section 2 of that Act which amends those paragraphs for the purposes of all the provisions of that Act.

Marginal Citations

M3 1979 c. 37.

M4 1986 c. 60.

97 Discharge, transfer and termination of liabilities, etc. E+W

(1) Subsection (2) below applies where in the case of any grant-maintained school conducted or formerly conducted by a governing body in liquidation an order is made by virtue of section 95(2) of this Act vesting the school premises in any persons proposing to establish an independent school on those premises (“the new owners").

(2) Where this subsection applies, an order under section 94 of this Act may do either or both of the following things, that is to say—

(a) require the new owners to discharge any liabilities of the governing body in respect of redundancy payments; and

(b) require an amount equal to the whole or any part of the amount required for—

(i) discharging any liabilities of the governing body other than liabilities required by virtue of paragraph (a) above to be discharged by the new owners; and

(ii) meeting the costs of the winding up under section 94 of this Act;

to be deducted from the consideration otherwise payable by virtue of section 95 of this Act to the local education authority concerned and paid by the new owners to the Secretary of State.

(3) This subsection applies where in the case of any grant-maintained school conducted or formerly conducted by a governing body in liquidation proposals under section 13 of the 1980 Act that a school proposed to be established on the school premises should be maintained by a local education authority as a voluntary school have been approved.

(4) Where in any case to which subsection (3) above applies the school was an aided or special agreement school immediately before it became a grant-maintained school—

(a) if the Secretary of State has directed that the proposed school shall be an aided school, any section 105 loan liabilities of the governing body shall on the dissolution date be transferred to and become liabilities of the temporary governing body of the new school (subject to any variation of the terms applicable in relation to the loans in question immediately before that date that may be agreed between the Secretary of State and that governing body); and

(b) in any other case, any such liabilities shall be terminated on the dissolution date.

(5) Where—

(a) a school is established in pursuance of any proposals under section 13 of the 1980 Act on the premises of a discontinued grant-maintained school; and

(b) any liabilities of the governing body of that grant-maintained school have been terminated under subsection (4)(b) above;

the amount of those liabilities shall be treated for the purposes of section 14 of the 1944 Act (restrictions on discontinuance of voluntary schools) as expenditure incurred by the Secretary of State (otherwise than in connection with repairs) in respect of the premises of the new school.

(6) Where in any case to which subsection (3) above applies the school premises are vested in any persons by an order made by virtue of section 95(1) of this Act, an order under section 94 of this Act may require an amount equal to the whole or any part of the amount required for discharging any liabilities of the governing body and meeting the costs of the winding up to be deducted from the consideration otherwise payable by virtue of section 95 of this Act to the local education authority concerned and paid by the persons in whom the premises are so vested to the Secretary of State.

(7) Where in the case of any grant-maintained school conducted or formerly conducted by a governing body in liquidation the premises of the school are vested by an order made by virtue of section 95(4) of this Act in a local education authority for the purposes of a new county school, an order under section 94 of this Act may require an amount equal to the amount of any section 105 loan liabilities of the governing body to be deducted from the consideration otherwise payable by virtue of section 95 of this Act to the persons from whom the premises are transferred and paid by the authority to the Secretary of State.

(8) Where in the case of any grant-maintained school conducted or formerly conducted by a governing body in liquidation—

(a) the premises of the school—

(i) are vested by an order made by virtue of section 95(4) of this Act in a local education authority for the purposes of a new county school;

(ii) are vested beneficially in such an authority by an order made by virtue of section 95(7) and (8) of this Act; or

(iii) vest in such an authority by virtue of section 95(6) of this Act on the dissolution date; and

(b) any person subsequently acquires the premises or any part of them from that authority (whether compulsorily or otherwise);

the Secretary of State may require the authority to pay to him the whole or any part of the compensation or purchase money paid in respect of the acquisition in or towards repayment of any expenditure incurred by him in making grants for the purpose of discharging any liabilities of the governing body and meeting the costs of the winding up.

98 Capital expenditure: former voluntary schools. E+W

(1) This section applies where a grant-maintained school conducted or formerly conducted by a governing body in liquidation was a voluntary school immediately before it became a grant-maintained school.

(2) Subsection (3) below applies where in any such case—

(a) an order is made by virtue of section 95(4) of this Act vesting the premises of the school in a local education authority for the purposes of a new county school; or

(b) no such order has been made and no proposals have been approved under section 13 of the 1980 Act that a school proposed to be established on the school premises should be maintained by a local education authority as a voluntary school;

provided that, where paragraph (b) above applies, the Secretary of State is satisfied that no proposals for the establishment on those premises of a new county school are likely to be published, and no such proposals under section 13 are likely to be published or approved, before the date he proposes to appoint as the dissolution date.

(3) Where this subsection applies, an order under section 94 of this Act shall determine—

(a) the amount of any expenditure incurred by the Secretary of State in paying capital grant to the governing body of the school (“the capital grant amount");

(b) the amount of any expenditure incurred by him, otherwise than in connection with repairs, in respect of any premises used for the purposes of the school before it became a grant-maintained school (“the prior expenditure amount"); and

(c) an amount representing the appropriate share in the value of the school premises of the former maintaining authority (“the locally funded amount").

For the purposes of paragraph (c) above the appropriate share of a local education authority in the value of any school premises is such part of the value of those premises as the Secretary of State determines to be appropriate having regard to the extent to which those premises were provided at the expense of the local education authority concerned or a former authority.

(4) Subject to subsection (7) below, in a case within subsection (2)(a) above, an order under section 94 of this Act may—

(a) require an amount equal to the whole or any part of—

(i) the capital grant amount; and

(ii) the prior expenditure amount;

to be deducted from the consideration otherwise payable by virtue of section 95 of this Act to the persons from whom the premises are transferred and paid by the local education authority concerned to the Secretary of State; and

(b) either—

(i) where the local education authority concerned are the former maintaining authority, provide for the consideration otherwise so payable to be reduced by an amount equal to the locally funded amount; or

(ii) in any other case, require an amount equal to the locally funded amount to be deducted from that consideration and paid by the local education authority concerned to the former maintaining authority.

(5) Subject to subsection (7) below, in a case within subsection (2)(b) above, an order under section 94 of this Act may require any persons in whom the school premises are vested—

(a) to pay to the Secretary of State an amount equal to the whole or any part of—

(i) the capital grant amount; and

(ii) the prior expenditure amount; and

(b) to pay to the former maintaining authority an amount equal to the locally funded amount.

(6) Subject to subsection (7) below, where in a case within subsection (2)(b) above—

(a) no requirement has been imposed by virtue of subsection (5) above; and

(b) any person acquires the school premises or any part of them (whether compulsorily or otherwise) from the persons in whom they were vested immediately before an order was made under section 94 of this Act (or, where more than one such order has been made, before the first of them) or their successors;

the Secretary of State may impose on the persons from whom the school premises were acquired any requirement that could have been imposed by virtue of subsection (5) above.

(7) No provision may be made in an order under section 94 of this Act by virtue of subsection (4) or (5) above, and no requirement may be imposed by virtue of subsection (6) above, in any case where—

(a) that section applies in relation to the school in question by virtue of the fact that the Secretary of State has given notice to the governing body of the school specifying a date on which he intends to cease to maintain the school; and

(b) the notice was given in accordance with section 93(2) of this Act.

(8) Where in any case to which this section applies a school is established in pursuance of any proposals under section 13 of the 1980 Act on the premises of the grant-maintained school, any capital expenditure incurred by the Secretary of State in relation to the grant-maintained school shall for the purposes of section 14 of the 1944 Act (restrictions on discontinuance of voluntary schools) be treated (if it would not otherwise be so) as expenditure so incurred (otherwise than in connection with repairs) in respect of the premises of the new school.

(9) In subsection (8) above “capital expenditure” means any such expenditure as is mentioned in subsection (3)(a) or (b) above.

99 Capital expenditure: former county schools. E+W

(1) This section applies where—

(a) a grant-maintained school conducted or formerly conducted by a governing body in liquidation was a county school immediately before it became a grant-maintained school; and

(b) the Secretary of State has incurred any expenditure in paying capital grant to the governing body of the school (“the capital grant expenditure").

(2) Where in any case to which this section applies—

(a) an order is made by virtue of section 95(1) of this Act vesting the school premises in any persons to be held on trust for the purposes of a proposed voluntary school; and

(b) the Secretary of State has directed that the proposed school shall be an aided school;

an order under section 94 of this Act may provide for the consideration otherwise payable by virtue of section 95 to the local education authority concerned to be reduced by an amount equal to the whole or any part of the capital grant expenditure.

(3) Any reduction by virtue of subsection (2) above shall be disregarded in determining the amount of any sums expended by the persons in whom the school premises are vested by the order on the provision of a site for the new school or of the school buildings; but an amount equal to the amount of that reduction shall be treated as having been paid by the Secretary of State to the governing body of the new school—

(a) as to so much of it as does not exceed 85 per cent. of the amount of the sums so expended, by way of a grant under section 1(2)(a) of the M5 Education Act 1967; and

(b) as to the balance (if any), by way of a loan made under section 105 of the 1944 Act on such terms as the Secretary of State may specify.

(4) Where in any case to which this section applies—

(a) an order is made as mentioned in subsection (2)(a) above; but

(b) no direction that the proposed school shall be an aided school has been given before the dissolution date;

subsection (5) below shall apply in relation to the capital grant expenditure.

(5) Where this subsection applies the capital grant expenditure shall for the purposes of section 14 of the 1944 Act (restrictions on discontinuance of voluntary schools) be treated (if it would not otherwise be so) as expenditure incurred by the Secretary of State (otherwise than in connection with repairs) in respect of the premises of the new school.

(6) Where in any case to which this section applies an order is made by virtue of section 95(2) of this Act vesting the school premises in any persons proposing to establish an independent school on those premises, an order under section 94 of this Act may require an amount equal to the whole or any part of the capital grant expenditure to be deducted from the consideration otherwise payable by virtue of section 95 to the local education authority concerned and paid by the persons in whom the property is so vested to the Secretary of State.

(7) Where in any case to which this section applies—

(a) the school premises—

(i) are vested beneficially in a local education authority by an order made by virtue of section 95(7) and (8) of this Act; or

(ii) vest in such an authority by virtue of section 95(6) of this Act on the dissolution date; and

(b) any person subsequently acquires the premises or any part of them from that authority (whether compulsorily or otherwise);

the Secretary of State may require the authority to pay to him the whole or any part of the consideration or purchase money paid in respect of the acquisition in or towards repayment of the capital grant expenditure.

Marginal Citations

M5 1967 c. 3.

Miscellaneous and supplementary E+W

100 Provision of benefits and services for pupils by local education authorities. E+W

(1) Where—

(a) a local education authority are under a duty, or have power (whether by virtue of this section or otherwise), 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.

[F32 (1A) 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.]

(2) In section 50(1) of the 1944 Act (power of local education authority to provide board and lodging for pupils) after the words “voluntary school" there shall be inserted the words “grant-maintained school".

(3) In section 55 of the 1944 Act (provision of transport and other facilities), after subsection (3) there shall be inserted the following subsection—

“(4) Arrangements made by a local education authority under subsection (1) above shall make provision for pupils at grant-maintained schools which is no less favourable than the provision made in pursuance of the arrangements for pupils at schools maintained by a local education authority.”

This subsection is without prejudice to the generality of subsection (1) above.

(4) In section 5 of the M6 Education (Miscellaneous Provisions) Act 1948 (power of local education authority to provide clothing for pupils)—

(a) in subsection (1), the words “or at a grant-maintained school" shall be inserted at the end of paragraphs (a) and (c); and

(b) the words “or a grant-maintained school" shall be inserted at the end of subsection (2)(a), after the words “maintained by them" in subsection (3)(a) and after the words “special school" in subsection (4).

Textual Amendments

F32 S. 100(1A) inserted (1.8.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para.29; S.I. 1992/831, art. 2, Sch.4.

Modifications etc. (not altering text)

C17 Ss. 100-101 modified (1.1.1994) by 1993/3103, reg. 3, Sch.2

Marginal Citations

M6 1948 c. 40.

101 Application of proceeds of disposal of premises. E+W

(1) Where—

(a) the Secretary of State pays capital grant in respect of any transfer of a grant-maintained school to a new site authorised under section 91 of this Act; and

(b) the governing body or any trustees of the school possess, or are or may become entitled to, any 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.

Any sum so paid 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 M7 Schools Sites Act 1841 (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.

(2) Subject to subsection (4) below, where the governing body of any 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 74 of this Act from the former maintaining authority; or

(b) any premises acquired wholly or partly from the proceeds of the disposal of any premises so transferred or of any premises so acquired;

he may require the premises or any part of the premises to be transferred to that authority, subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate.

(3) Subject to subsection (4) below, where the governing body dispose of any premises within subsection (2)(a) or (b) above the Secretary of State may require the governing body to pay to the former maintaining authority the whole or any part of the proceeds of disposal in any case where he does not impose any requirement under subsection (2) above.

(4) Subsection (2) above shall not apply where the occasion of any disposal of premises by the governing body is a transfer of the school to a new site in respect of which the Secretary of State has paid capital grant; and in relation to any disposal occasioned by such a transfer the reference in subsection (3) 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 subsection (1) above.

(5) For the purposes of this section the Secretary of State is to be regarded as paying capital grant in respect of the transfer of a grant-maintained school to a new site if he pays such 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.

(6) For the purposes of this section—

(a) the governing body or trustees of a grant-maintained school are to be regarded as disposing of any premises if those premises are acquired from them, whether compulsorily or otherwise; and

(b) references to the proceeds of disposal are references, in relation to any disposal of premises by any such governing body or trustees, to the compensation or purchase money paid in respect of the acquisition from them of those premises.

(7) In subsection (6) above—

(a) references to the acquisition of premises from the governing body or the trustees of a grant-maintained school include, in the case of any premises held under a tenancy to which Part II of the M8 Landlord and Tenant Act 1954 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 a reference to any compensation paid by the landlord on the quitting of any such premises by the governing body or the trustees of the school (whether or not the compensation is required to be paid by section 37 of that Act).

In this subsection expressions to which a meaning is given for the purposes of that Act have the same meaning as in that Act.

Modifications etc. (not altering text)

C18 Ss. 100-101 modified (1.1.1994) by 1993/3103, reg. 3, Sch.2

Marginal Citations

M7 1841 c. 38.

M8 1954 c. 56.

F33 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F33 S. 102 repealed (1.1.1994) by 1993 c. 35, s. 307(3), Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

F34 103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F34 S. 103 repealed (1.1.1994) by 1993 c. 35, s. 307(3), Sch. 21 Pt.I; S.I. 1993/3106, art. 4, Sch.1 Appendix (with art. 5, Sch. 2 ) (as amended by S.I. 1994/436, art.2).

[104 Interpretation of Chapter IV. E+W

(1) In this Chapter—

F35 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) references to the character of a school are references to the kind of school it is determined by reference to any matter relating to—

(i) the provision of education at the school; or

(ii) the arrangements for admission of pupils to the school;

the alteration of which would amount to a change in the character of the school;

(d) references to a change in the character of a school include, in particular, changes in character resulting from education beginning or ceasing to be provided for pupils above or below a particular age, for boys as well as girls or for girls as well as boys, or from the making or alteration of arrangements for the admission of pupils by reference to ability or aptitude;

(e) references to a relevant age group are references to an age group in which pupils are or will normally be admitted to the school in question;

F35 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) references, in relation to a grant-maintained school, to the former maintaining authority shall be read, in any case where—

(i) the school was maintained by ILEA immediately before it became a grant-maintained school; and

(ii) the functions formerly exercisable by ILEA in relation to, or in relation to registered pupils at, the school are by virtue of section 166(7) of this Act exercisable by an inner London council or any other local education authority;

as references to that council or authority; and

(j) references, in relation to such a school, to school property include, in the case of such property as is mentioned in section 94(7)(b)(iii) of this Act, references to any right to such property.

F35 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this Chapter—

• F35 . . .

• “premises” includes any interest in or easement, right or charge in, to or over premises.

(4) The following table shows provisions defining or otherwise explaining expressions used in this Chapter (other than provisions defining or explaining an expression used only in the same section)—

dissolution date	section 94(3)(b)
eligible governor of an elected category	section 71
first governor	section 53(8) or 64(5) (as the context may require)
former maintaining authority	section 74(8) and subsection (1)(i) above.
foundation governor	section 53(8) or 64(5) (as the context may require)
governing body and initial governing body of a grant-maintained school	section 53(11) and (12)
governing body in liquidation	section 94(3)(a)
grant-maintained school formerly conducted by a governing body in liquidation	section 94(7)(c)
grant regulations	section 79(2)
parent governor	section 53(8) or 64(5) (as the context may require)
proposals for acquisition of grant-maintained status	section 52(4)(a)
pending proposals for acquisition of grant-maintained status	section 68(2)
the relevant particulars	section 62(16)
section 105 loan liabilities	section 94(7)(a)
school property	section 94(7)(b) and subsection (1)(j) above
a school which is eligible for grant-maintained status	section 52(5) to (9)
teacher governor	section 53(8) or 64(5) (as the context may require)

(5) Any notification to the governing body of a school for the purposes of any provision of this Chapter may be given, and withdrawn, in such manner as the governing body may require.

(6) In subsection (1)(i) above, “ILEA” and “inner London council” have the same meanings as in Part III of this Act.]

Textual Amendments

F35 S. 104 repealed (1.1.1994 in respect of s. 104(1)(a)(b)(f)-(h),(2) and in subsection (3) the definition of “incorporation tax" and otherwiseprosp.) by 1993 c. 35 ss. 307(1)(3), 308(3), Sch. 19 para. 126, Sch. 21Pt. I; S.I. 1993/3106, art. 4,Sch. 1 Appendix (with art. 5, Sch. 2) (as amended by S.I. 1994/436, art.2).

Modifications etc. (not altering text)

C19 S. 104(1)(c)-(e)(3)-(5) modified (1.1.1994) by S.I. 1993/3103, reg. 3, Sch.2