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Part IE+W General

Chapter IE+W The statutory system of education

GeneralE+W

1 The stages of education.E+W

(1)The statutory system of public education consists of three progressive stages: primary education, secondary education and further education.

(2)This Part—

(a)confers functions on the Secretary of State and local education authorities with respect to primary, secondary and further education; and

(b)provides for functions with respect to primary and secondary education to be conferred on the funding authorities constituted under Chapter IV.

(3)Part I of the M1Further and Higher Education Act 1992 confers functions with respect to further education on the further education funding councils established under section 1 of that Act.

(4)Apart from section 10 (general duty of Secretary of State), nothing in this Act confers any functions with respect to higher education.

Annotations:

Marginal Citations

2 Definition of primary, secondary and further education.E+W

(1)In this Act “primary education” means —

(a)full-time education suitable to the requirements of junior pupils who have not attained the age of 10 years and six months; and

(b)full-time education suitable to the requirements of junior pupils who have attained that age and whom it is expedient to educate together with junior pupils within paragraph (a).

(2)In this Act “secondary education” means—

(a)full-time education suitable to the requirements of pupils of compulsory school age who are either—

(i)senior pupils, or

(ii)junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with senior pupils of compulsory school age; and

(b)(subject to subsection (5)) full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19 which is provided at a school at which education within paragraph (a) is also provided.

(3)Subject to subsection (5), in this Act “further education” means—

(a)full-time and part-time education suitable to the requirements of persons who are over compulsory school age (including vocational, social, physical and recreational training), and

(b)organised leisure-time occupation provided in connection with the provision of such education,

except that it does not include secondary education or (in accordance with subsection (7)) higher education.

(4)Accordingly, unless it is education within subsection (2)(b), full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19 is further education for the purposes of this Act and not secondary education.

(5)For the purposes of this Act education provided for persons who have attained the age of 19 is further education not secondary education; but where a person—

(a)has begun a particular course of secondary education before attaining the age of 18, and

(b)continues to attend that course,

the education does not cease to be secondary education by reason of his having attained the age of 19.

(6)In subsection (3)(b) “organised leisure-time occupation” means leisure-time occupation, in such organised cultural training and recreative activities as are suited to their requirements, for any persons over compulsory school age who are able and willing to profit by facilities provided for that purpose.

(7)References in this section to education do not include references to higher education.

3 Definition of pupil etc.E+W

(1)In this Act “pupil” means a person for whom education is being provided at a school, other than—

(a)a person who has attained the age of 19 for whom further education is being provided, or

(b)a person for whom part-time education suitable to the requirements of persons of any age over compulsory school age is being provided.

(2)In this Act—

(3)The definition of “pupil” in subsection (1) also applies (unless the context otherwise requires) for the purposes of any instrument made or having effect as if made under the Education Acts.

Educational institutionsE+W

4 Schools: general.E+W

(1)In this Act “school” means an educational institution which is outside the further education sector and the higher education sector and is an institution for providing any one or more of the following—

(a)primary education,

(b)education which is secondary education by virtue of section 2(2)(a), or

(c)full-time education suitable to the requirements of persons who are over compulsory school age but under the age of 19,

whether or not the institution also provides part-time education suitable to the requirements of junior pupils, further education or secondary education not within paragraph (b).

(2)For the purposes of this Act an educational institution that would fall within subsection (1) but for the fact that it provides part-time rather than full-time education shall nevertheless be treated as a school if that part-time education is provided under arrangements made under section 19(1) (pupil referral units).

(3)For the purposes of this Act an institution is outside the further education sector if it is not—

(a)an institution conducted by a further education corporation established under section 15 or 16 of the M2Further and Higher Education Act 1992, or

(b)a designated institution for the purposes of Part I of that Act (defined in section 28(4) of that Act);

and references to institutions within that sector shall be construed accordingly.

(4)For the purposes of this Act an institution is outside the higher education sector if it is not—

(a)a university receiving financial support under section 65 of that Act,

(b)an institution conducted by a higher education corporation within the meaning of that Act, or

(c)a designated institution for the purposes of Part II of that Act (defined in section 72(3) of that Act);

and references to institutions within that sector shall be construed accordingly.

Annotations:

Marginal Citations

5 Primary schools, secondary schools and middle schools.E+W

(1)In this Act “primary school” means (subject to regulations under subsection (4)) a school for providing primary education, whether or not it also provides part-time education suitable to the requirements of junior pupils or further education.

(2)In this Act “secondary school” means (subject to regulations under subsection (4)) a school for providing secondary education, whether or not it also provides further education.

(3)In this Act “middle school” means a school in respect of which proposals authorised by section 49, 198(6) or 291 are implemented (that is, a school providing full-time education suitable to the requirements of pupils who have attained a specified age below 10 years and six months and are under a specified age above 12 years).

(4)The Secretary of State shall make regulations for determining, or enabling him to determine, whether a middle school is to be treated for the purposes of this Act and the other enactments relating to education as a primary school or as a secondary school.

(5)The powers conferred by sections 49, 198(6) and 291 and subsection (4) above are exercisable—

(a)notwithstanding anything in this Act (and in particular section 1); but

(b)without prejudice to the exercise of any other power conferred by this Act.

6 Nursery schools and special schools.E+W

(1)A primary school is a nursery school if it is used mainly for the purpose of providing education for children who have attained the age of two but are under the age of five.

(2)A school is a special school if it is specially organised, and for the time being approved, as mentioned in section 337(1).

Compulsory educationE+W

7 Duty of parents to secure education of children of compulsory school age.E+W

The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable—

(a)to his age, ability and aptitude, and

(b)to any special educational needs he may have,

either by regular attendance at school or otherwise.

Valid from 01/09/1997

8 Compulsory school age.E+W

(1)Subsections (2) and (3) apply to determine for the purposes of any enactment whether a person is of compulsory school age.

(2)A person begins to be of compulsory school age when he attains the age of five.

(3)A person ceases to be of compulsory school age at the end of the day which is the school leaving date for any calendar year—

(a)if he attains the age of 16 after that day but before the beginning of the school year next following,

(b)if he attains that age on that day, or

(c)(unless paragraph (a) applies) if that day is the school leaving date next following his attaining that age.

(4)The Secretary of State may by order determine the day in any calendar year which is to be the school leaving date for that year.

Education in accordance with parental wishesE+W

9 Pupils to be educated in accordance with parents’ wishes.E+W

In exercising or performing all their respective powers and duties under the Education Acts, the Secretary of State, local education authorities and the funding authorities shall have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure.

Chapter IIE+W Functions of the Secretary of State

10 General duty of Secretary of State.E+W

The Secretary of State shall promote the education of the people of England and Wales.

Annotations:

Modifications etc. (not altering text)

C1S. 10 amended (1.11.1996) by 1994 c. 30, s. 11A, as inserted by 1996 c. 56, ss. 582(1)(3), 583(2), Sch. 37 Pt. I para.126 (with ss. 1(4), 561, 562, Sch. 39)

11 Duty in the case of primary, secondary and further education.E+W

(1)The Secretary of State shall exercise his powers in respect of those bodies in receipt of public funds which—

(a)carry responsibility for securing that the required provision for primary, secondary or further education is made—

(i)in schools, or

(ii)in institutions within the further education sector,

in or in any area of England or Wales, or

(b)conduct schools or institutions within the further education sector in England and Wales,

for the purpose of promoting primary, secondary and further education in England and Wales.

(2)The Secretary of State shall, in the case of his powers to regulate the provision made in schools and institutions within the further education sector in England and Wales, exercise his powers with a view to (among other things) improving standards, encouraging diversity and increasing opportunities for choice.

Annotations:

Modifications etc. (not altering text)

C2S. 11 amended (1.11.1996) by 1994 c. 30, s. 11A, as inserted by 1996 c. 56, ss. 582(1)(3), 583(2), Sch. 37 Pt. I para.126 (with ss. 1(4), 561, 562, Sch. 39)

Chapter IIIE+W Local education authorities

The authoritiesE+W

12 Local education authorities and their areas.E+W

(1)The local education authority for a county in England having a county council is the county council.

(2)The local education authority for a district in England which is not in a county having a county council is the district council.

(3)The local education authority for a London borough is the borough council.

(4)The local education authority for the City of London (which for the purposes of this Act shall be treated as including the Inner Temple and the Middle Temple) is the Common Council of the City of London (in their capacity as a local authority).

(5)As respects Wales—

(a)the local education authority for a county is the county council; and

(b)the local education authority for a county borough is the county borough council.

(6)Any reference in this Act to the area of a local education authority shall be construed in accordance with the preceding provisions of this section.

General functionsE+W

13 General responsibility for education.E+W

(1)A local education authority shall (so far as their powers enable them to do so) contribute towards the spiritual, moral, mental and physical development of the community by securing that efficient primary education, secondary education and further education are available to meet the needs of the population of their area.

(2)The duty imposed by subsection (1) does not extend to matters in respect of which any duty is imposed on—

(a)the further education funding councils established under section 1 of the M3Further and Higher Education Act 1992, or

(b)the higher education funding councils established under section 62 of that Act.

Annotations:

Marginal Citations

Valid from 01/10/1999

[F113A Duty to promote high standards in primary and secondary education.E+W

(1)A local education authority shall ensure that their functions relating to the provision of education to which this section applies are (so far as they are capable of being so exercised) exercised by the authority with a view to promoting high standards.

(2)This section applies to education for—

(a)persons of compulsory school age (whether at school or otherwise); and

(b)persons of any age above or below that age who are registered as pupils at schools maintained by the authority;

and in subsection (1) “functions” means functions of whatever nature.]

Annotations:

Amendments (Textual)

14 Functions in respect of provision of primary and secondary schools.E+W

(1)A local education authority shall secure that sufficient schools for providing—

(a)primary education, and

(b)education that is secondary education by virtue of section 2(2)(a),

are available for their area.

(2)The schools available for an area shall not be regarded as sufficient for the purposes of subsection (1) unless they are sufficient in number, character and equipment to provide for all pupils the opportunity of appropriate education.

(3)In subsection (2) “appropriate education” means education which offers such variety of instruction and training as may be desirable in view of—

(a)the pupils’ different ages, abilities and aptitudes, and

(b)the different periods for which they may be expected to remain at school,

including practical instruction and training appropriate to their different needs.

(4)A local education authority is not by virtue of subsection (1)(a) under any duty in respect of children under the age of five.

(5)A local education authority may secure the provision for their area of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, including provision for persons from other areas.

(6)In exercising their functions under this section, a local education authority shall in particular have regard to—

(a)the need for securing that primary and secondary education are provided in separate schools;

(b)the need for securing that special educational provision is made for pupils who have special educational needs; and

(c)the expediency of securing the provision of boarding accommodation (in boarding schools or otherwise) for pupils for whom education as boarders is considered by their parents and the authority to be desirable.

(7)The duty imposed by subsection (6)(a) does not apply in relation to middle schools or special schools.

15 Functions in respect of provision of further education.E+W

(1)A local education authority shall secure the provision for their area of adequate facilities for further education.

(2)The duty imposed by subsection (1) does not apply in relation to—

(a)education to which section 2(1) of the M4Further and Higher Education Act 1992 applies (that is, full-time education suitable to the requirements of persons who are over compulsory school age and under the age of 19); or

(b)education to which section 3(1) of that Act applies (that is—

(i)part-time education suitable to the requirements of persons of any age over compulsory school age, and

(ii)full-time education suitable to the requirements of persons who have attained the age of 19,

where the education is provided by means of a course of a description mentioned in Schedule 2 to that Act).

(3)However, in respect of further education falling within subsection (2)(b), a local education authority may secure the provision for their area of such facilities as appear to them to be appropriate for meeting the needs of the population of their area.

(4)A local education authority may secure the provision of further education for persons from other areas.

(5)In exercising their functions under this section a local education authority shall have regard to—

(a)any educational facilities provided—

(i)by institutions within the higher education sector or the further education sector, and

(ii)by other bodies,

which are provided for, or available for use by persons in, their area, and

(b)the requirements of persons over compulsory school age who have learning difficulties.

(6)Subject to subsection (7), a person has a “learning difficulty” for the purposes of subsection (5) if—

(a)he has a significantly greater difficulty in learning than the majority of persons of his age, or

(b)he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided in pursuance of the duty under subsection (1) for persons of his age.

(7)A person is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.

(8)A local education authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.

Annotations:

Marginal Citations

Valid from 01/09/1999

[F215A Functions in respect of full-time education for 16 to 18 year olds.E+W

(1)A local education authority may secure the provision for their area of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, including provision for persons from other areas.

(2)Subsections (6) and (7) of section 14 shall apply in relation to functions under this section as they apply in relation to functions under that section.]

Annotations:

Amendments (Textual)

Valid from 28/07/2000

[F315B Functions in respect of education for persons over 19.E+W

(1)A local education authority may secure the provision for their area of full-time or part-time education suitable to the requirements of persons who have attained the age of 19, including provision for persons from other areas.

(2)The power under subsection (1) to secure the provision of education includes power to secure the provision—

(a)of training, including vocational, social, physical and recreational training, and

(b)of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).

(3)In exercising their functions under this section a local education authority shall in particular have regard to the needs of persons with learning difficulties (within the meaning of section 13(5) and (6) of the Learning and Skills Act 2000).

(4)A local education authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.

(5)This section does not apply to higher education.]

Annotations:

Amendments (Textual)

F3S. 15B inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 55 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

Establishment etc. of schoolsE+W

16 Power to establish, maintain and assist primary and secondary schools.E+W

(1)For the purpose of fulfilling their functions under this Act, a local education authority may—

(a)establish primary schools and secondary schools;

(b)maintain primary and secondary schools, whether established by them or not; and

(c)assist any primary or secondary school which is not maintained by them.

(2)A local education authority may under subsection (1) establish, maintain and assist schools outside as well as inside their area.

(3)A local education authority may not under subsection (1) establish a school to provide—

(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 19.

17 Powers in respect of nursery education.E+W

(1)A local education authority may—

(a)establish nursery schools;

(b)maintain nursery schools established by them or by an authority which was a local education authority within the meaning of any enactment repealed by the M5Education Act 1944 or an earlier Act; and

(c)assist any nursery school not so established.

(2)Section 14(4) does not affect a local education authority’s power under section 16(1) to establish, maintain and assist schools at which education is provided both for children under the age of five and for older pupils (including schools at which there are nursery classes for children under the age of five).

Annotations:

Marginal Citations

Other arrangements for provision of educationE+W

18 Power to arrange provision of education at non-maintained schools.E+W

A local education authority may make arrangements for the provision of primary and secondary education for pupils at schools not maintained by them or another local education authority.

19 Exceptional provision of education in pupil referral units or elsewhere.E+W

(1)Each local education authority shall make arrangements for the provision of suitable full-time or part-time education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

(2)Any school established (whether before or after the commencement of this Act) and maintained by a local education authority which—

(a)is specially organised to provide education for such children, and

(b)is not a county school or a special school,

shall be known as a “pupil referral unit”.

(3)A local education authority may secure the provision of boarding accommodation at any pupil referral unit.

(4)A local education authority may make arrangements for the provision of suitable full-time or part-time education otherwise than at school for those young persons who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

(5)Any child for whom education is provided otherwise than at school in pursuance of this section, and any young person for whom full-time education is so provided in pursuance of this section, shall be treated for the purposes of this Act as a pupil.

(6)In this section “suitable education”, in relation to a child or young person, means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have.

(7)Schedule 1 has effect in relation to pupil referral units.

Chapter IVE+W The Funding Authorities

The AuthoritiesE+W

20 The Funding Agency for Schools.E+W

(1)The Funding Agency for Schools shall continue in existence as a body corporate exercising in relation to England the functions conferred on them.

(2)The agency shall consist of not less than 10 nor more than 15 members appointed by the Secretary of State, one of whom shall be so appointed as chairman.

(3)In appointing the members of the agency the Secretary of State shall have regard to the desirability of including—

(a)persons who appear to him to have experience of, and to have shown capacity in, the provision of primary or secondary education or to have held, and to have shown capacity in, any position carrying responsibility for the provision of such education;

(b)persons who appear to him to have experience of, and to have shown capacity in, the provision of education in voluntary schools, or in grant-maintained schools having foundation governors;

(c)persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession; and

(d)persons who appear to him to have experience of, and to have shown capacity in, providing for children with special educational needs.

(4)Before appointing any member of the agency the Secretary of State shall consult—

(a)a body appearing to him to be representative of the Church of England, and

(b)a body appearing to him to be representative of the Roman Catholic Church,

in matters relating to the provision of education in voluntary schools, or in grant-maintained schools having foundation governors.

(5)Schedule 2 has effect in relation to the agency.

21 The Schools Funding Council for Wales.E+W

(1)The Secretary of State may by order make provision for the establishment of a body corporate to be known as the Schools Funding Council for Wales to exercise in relation to Wales, as from such date as may be specified in the order, the functions conferred on them.

(2)The council shall consist of not less than eight nor more than 12 members appointed by the Secretary of State, one of whom shall be so appointed as chairman.

(3)In appointing the members of the council the Secretary of State shall have regard to the desirability of including—

(a)persons who appear to him to have experience of, and to have shown capacity in, the provision of primary or secondary education or to have held, and to have shown capacity in, any position carrying responsibility for the provision of such education;

(b)persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession; and

(c)persons who appear to him to have experience of, and to have shown capacity in, providing for children with special educational needs.

(4)Schedule 2 has effect in relation to the council.

FunctionsE+W

22 Functions of funding authorities.E+W

(1)The functions which are or may be exercisable by a funding authority include in particular those which are or may be so exercisable by virtue of—

(a)section 23 (value-for-money studies of grant-maintained schools);

(b)section 27 (responsibility for provision of school places to be held together with, or to the exclusion of, local education authority); and

(c)Chapter VI of Part III (funding of grant-maintained schools).

(2)Schedule 3 enables the Secretary of State to transfer to a funding authority certain functions of his with respect to education.

23 Value-for-money studies of grant-maintained schools.E+W

(1)Each funding authority shall make arrangements for carrying out such value-for-money studies of grant-maintained schools in England or, as the case may be, Wales as in their opinion are required or as the Secretary of State may direct.

(2)The authority shall, in particular—

(a)in forming an opinion as to whether any value-for-money study is required to be carried out in pursuance of this section, have regard to the desirability of value-for-money studies being carried out at regular intervals, and

(b)in determining the scope of any value-for-money study to be carried out in pursuance of this section otherwise than on the direction of the Secretary of State, have regard to the scope of any value-for-money study which is being or has recently been carried out.

(3)In this section “value-for-money study”, in relation to any grant-maintained school, means—

(a)any examination into the economy, efficiency and effectiveness with which the governing body of the school have, in discharging their functions, used grant made by the authority, and

(b)any study designed to improve economy, efficiency and effectiveness in the management or operations of the school.

24 Supervision of funding authorities by the Secretary of State.E+W

(1)In exercising their functions each funding authority shall comply with any directions contained in an order made by the Secretary of State.

(2)In respect of the exercise by the funding authority of functions in respect of any grant-maintained school, such directions may relate to grant-maintained schools generally or to any class or description of such schools.

(3)Before making an order under this section, the Secretary of State shall consult the funding authority unless, for reasons of urgency, it is not in his opinion reasonably practicable for him to do so.

(4)Sections 496 and 497 (powers of Secretary of State where local education authority etc. are acting unreasonably or are in default) shall apply in relation to a funding authority and the functions conferred on them by or under the Education Acts as they apply in relation to local education authorities and the functions conferred on them by or under this Act.

(5)Subsection (4) does not prejudice the generality of subsection (1).

Annotations:

Modifications etc. (not altering text)

C3S. 24: power to modify conferred (1.4.1999) by 1998 c. 31, s. 132(4); S.I. 1999/1016, art. 2(1), Sch. 1

SupplementalE+W

25 Grants to funding authorities.E+W

The Secretary of State may make grants to a funding authority of such amounts and subject to such terms and conditions as he may determine.

26 Meaning of “funding authority”.E+W

(1)Any reference in this Act to a funding authority—

(a)in relation to schools, or local education authority areas, in England is to the Funding Agency for Schools, and

(b)in relation to schools, or local education authority areas, in Wales is, subject to subsection (2), to the Schools Funding Council for Wales,

and in any other context is to the agency or the council.

(2)Before the Schools Funding Council for Wales begin to exercise their functions, any reference in this Act (other than this Part) to a funding authority in relation to schools, or local education authority areas, in Wales is to be read as a reference to the Secretary of State.

Chapter VE+W Allocation of responsibility for education at school between LEA and funding authority

27 Responsibility for providing sufficient school places.E+W

(1)In respect of the area of any local education authority, the Secretary of State may—

(a)where he wishes responsibility for providing sufficient school places to be held by the funding authority as well as the local education authority, make an order under this paragraph, and

(b)where he wishes that responsibility to be held by the funding authority alone, make an order under this paragraph;

and such an order may relate to primary education, to secondary education or to both.

(2)An order under subsection (1) shall state—

(a)the local education authority area to which the order applies;

(b)whether the order is made under paragraph (a) or (b) of that subsection;

(c)the kind (that is primary or secondary) or kinds of education to which the order relates; and

(d)the date as from which the order is to have effect.

(3)No order may be made in respect of any area under subsection (1) unless—

(a)in the case of an order under subsection (1)(a) or (b), it appears to the Secretary of State that subsection (4) is, or has at any time been, satisfied, or

(b)in the case of an order under subsection (1)(b), the local education authority have at any time requested the Secretary of State to make the order and subsection (4) is, or has at any time been, satisfied,

in relation to the kind of education to which the order relates or, as the case may be, each of the kinds of education to which the order relates.

(4)This subsection is satisfied—

(a)for the purposes of—

(i)subsection (3)(a) in its application to an order under subsection (1)(a), or

(ii)subsection (3)(b),

if not less than 10 per cent. of the pupils for whom education is provided in county, voluntary and grant-maintained schools in the area are registered pupils at grant-maintained schools;

(b)for the purposes of subsection (3)(a) in its application to an order under subsection (1)(b), if not less than 75 per cent. of the pupils for whom education is provided in county, voluntary and grant-maintained schools in the area are registered pupils at grant-maintained schools.

(5)For the purposes of subsection (3) the kind of education to which an order relates—

(a)where an order is expressed to relate only to primary education, includes any secondary education provided in a primary school and excludes any primary education provided in a secondary school, and

(b)where an order is expressed to relate only to secondary education, includes any primary education provided in a secondary school and excludes any secondary education provided in a primary school.

(6)The effect of an order under this section is set out in Schedule 4.

(7)The kind or kinds of education to which an order under subsection (1)(a) or (b) relates are referred to in this Act, in relation to such an order, as “relevant education”.

Chapter VIE+W Supplemental

Allocation of functionsE+W

28 Resolution of disputes as to allocation of functions.E+W

Any dispute as to whether any functions are exercisable by a funding authority or a local education authority shall be determined by the Secretary of State.

Provision of informationE+W

29 Provision of information by local education authorities.E+W

(1)A local education authority shall—

(a)make such reports and returns to the Secretary of State, and

(b)give to the Secretary of State such information,

as he may require for the purpose of the exercise of his functions under this Act.

(2)A local education authority shall—

(a)make such reports and returns to the funding authority, and

(b)give to the funding authority such information,

as the funding authority may require for the purpose of the exercise of their functions.

(3)A local education authority shall—

(a)compile such information, and

(b)make such provision for conducting, or assisting the conduct of, research,

as may be required for the purpose of providing the Secretary of State and the funding authority, in such form and at such times as may be prescribed, with such information relating to the provision of primary or secondary education in the area of the local education authority as may be prescribed.

(4)The Secretary of State shall exercise his powers under subsection (3) so as to secure, in particular, the provision of information relating to the provision of education for children with special educational needs.

(5)A local education authority shall, at such time or times and in such manner as may be required by regulations, publish such information as may be so required with respect to their policy and arrangements in respect of any matter relating to primary or secondary education.

(6)Nothing in subsection (5) applies in relation to—

(a)nursery schools, or

(b)children who will be under the age of five at the time of their proposed admission.

30 Provision of information by funding authorities.E+W

(1)A funding authority—

(a)shall provide the Secretary of State with such information or advice in connection with any function of his relating to the provision of education as he may from time to time require; and

(b)may provide the Secretary of State with such information or advice relating to such provision as they think fit.

(2)The information and advice provided under subsection (1) shall be provided in such manner as the Secretary of State may from time to time determine.

(3)A funding authority shall—

(a)make such reports and returns to any local education authority, and

(b)give to any local education authority such information,

as the local education authority may require for the purpose of the exercise of their functions.

(4)A funding authority shall—

(a)compile such information, and

(b)make such provision for conducting, or assisting the conduct of, research,

as may be required for the purpose of providing the Secretary of State and local education authorities, in such form and at such times as may be prescribed, with such information relating to the provision of education in any area to which an order under section 27 applies as may be prescribed.

(5)The Secretary of State shall exercise his powers under subsection (4) so as to secure, in particular, the provision of information relating to the provision of education for children with special educational needs.

Part IIE+W Schools maintained by local education authorities

Chapter IE+W Preliminary

31 County schools and voluntary schools.E+W

(1)A primary or secondary school which is maintained by a local education authority is a county school if—

(a)it was established by a local education authority, or

(b)it was not so established but—

(i)it has been maintained as a county school since before the commencement of this Act, or

(ii)it is maintained as a county school in pursuance of proposals under section 35(1)(b), or

(iii)it is maintained as a county school in pursuance of an order under section 50.

(2)A primary or secondary school which is maintained by a local education authority is a voluntary school if it is not within paragraph (a) or (b) of subsection (1).

(3)Nothing in this section applies to—

(a)a nursery school;

(b)a special school; or

(c)a pupil referral unit within the meaning of section 19.

32 Categories of voluntary schools: controlled, aided and special agreement schools.E+W

(1)There are three categories of voluntary school—

(a)controlled schools,

(b)aided schools, and

(c)special agreement schools.

(2)A voluntary school is a controlled school if no order such as is mentioned in subsection (3) or (4) is in force in respect of it.

(3)A voluntary school is an aided school if there is in force an order to that effect made under section 48, 51, 54 or 58 of this Act (or under section 15 of the M6Education Act 1944, section 2 of the M7Education Act 1946 or section 54 of the M8Education (No. 2) Act 1986).

(4)A voluntary school is a special agreement school if there is in force an order to that effect made under section 15 of the Education Act 1944 (which provided for the making of such an order where a special agreement had been made in respect of a school).

(5)In this Act “special agreement” means an agreement made under Schedule 3 to the Education Act 1944 or deemed to have been so made by virtue of paragraph 11 of that Schedule (agreement providing for the making of a grant by a local education authority to persons specified in the agreement in consideration of their execution of proposals for the establishment of a school or the alteration of the premises of a school).

(6)Schedule 5 to this Act (which reproduces certain of the provisions of Schedule 3 to that Act) has effect in relation to special agreements.

Annotations:

Marginal Citations

33 Maintained nursery schools and maintained special schools.E+W

(1)In this Act—

(2)Chapter II of Part IV (special educational needs) has effect in relation to the establishment and approval of schools as maintained special schools.

34 Meaning of “maintain” etc.E+W

(1)In this Act—

(a)in relation to a school maintained (or proposed to be maintained) by a local education authority, “the local education authority” means that authority; and

(b)in relation to schools falling within subsections (2) to (5), “maintain” shall be read in accordance with those subsections.

(2)In the case of a county school, a maintained nursery school or a maintained special school, the local education authority’s duty to maintain the school includes the duty of defraying all the expenses of maintaining it.

(3)In the case of a controlled school, the local education authority’s duty to maintain the school includes—

(a)the duty of defraying all the expenses of maintaining it, and

(b)the duty under section 60 of providing new premises for the school under and in accordance with that section.

(4)In the case of an aided or special agreement school, the local education authority’s duty to maintain the school includes—

(a)the duty of defraying all the expenses of maintaining it, except any expenses that by virtue of section 59 or a special agreement are payable by the governing body, and

(b)the duty under section 61 of providing new premises for the school under and in accordance with that section.

(5)It is hereby declared that for the purposes of this Act the expenses of maintaining a voluntary school include the payment of rates.

Chapter IIE+W Establishment, alteration etc. of county and voluntary schools

County schools: establishment, alteration or change of siteE+W

35 County school: proposals for establishment, alteration or new site.E+W

(1)Where a local education authority intend—

(a)to establish a new county school,

(b)to maintain as a county school a school which is not for the time being a county school,

(c)to make any significant change in the character, or any significant enlargement of the premises, of a county school, or

(d)to transfer a county school to a new site in the area,

then (subject to subsections (2) and (8)) they shall publish their proposals for that purpose in such manner as may be required by regulations and submit a copy of the published proposals to the Secretary of State.

(2)The requirement to publish proposals under subsection (1)(d) does not apply in relation to the transfer of a county school to a new site if—

(a)the school is intended to return to its existing site within three years of the time of the transfer; or

(b)the local education authority are satisfied that it is expedient that the school should be transferred to the new site either—

(i)because it is not reasonably practicable to make to the existing premises of the school the alterations necessary for securing that they conform to the standards prescribed under section 542, or

(ii)in consequence of any movement of population or of any action taken or proposed to be taken under the enactments relating to housing or to town and country planning; or

(c)the transfer is authorised by an order made under section 16(1) of the M9Education Act 1944 (transfer of county schools etc. to new sites).

(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,

and shall be accompanied by a statement of the effect of section 36.

(4)For the purposes of subsection (3)(b) pupils intended to be admitted to the school for nursery education shall be disregarded, and pupils—

(a)already admitted to the school for nursery education, and

(b)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)Before publishing any proposals under this section a local education authority shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the authority shall have regard to any guidance given from time to time by the Secretary of State.

(6)Before publishing any proposals under subsection (1)(c) which (if implemented) would affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, the local education authority shall consult the appropriate further education funding council.

(7)Before formulating any proposals under subsection (1)(c) or (d) in respect of a school which is (within the meaning of Part III) eligible for grant-maintained status, the local education authority shall consult the school’s governing body.

(8)No proposals shall be published under this section in respect of any school in respect of which proposals for acquisition of grant-maintained status have been approved under section 194.

Annotations:

Marginal Citations

36 Objections to proposals under section 35.E+W

(1)Objections to any proposals published by a local education authority under section 35 may be submitted to the authority by any of the following—

(a)any ten or more local government electors for the authority’s area,

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

(c)the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the M10Further and Higher Education Act 1992 applies), and

(d)any other local education authority concerned.

(2)Objections may be so submitted within the period of two months after the first publication of the proposals.

(3)Where—

(a)an order under section 27 (allocation of responsibility for providing sufficient school places) applies to the area of a local education authority, and

(b)the authority publish proposals under section 35 which affect the provision of relevant education in that area,

the funding authority shall be included among the persons who may submit objections under subsection (1) to the proposals.

(4)Within one month after the end of the period mentioned in subsection (2), the local education authority by whom the proposals were published shall transmit to the Secretary of State copies of all objections made (and not withdrawn in writing) within that period, together with the authority’s observations on them.

(5)For the purposes of this section proposals under section 35 shall be taken to have been first published—

(a)on the day on which the requirements of regulations with respect to the publication of the proposals are satisfied; or

(b)where different such requirements are satisfied on different days, on the last of those days.

(6)Where any such requirement imposes a continuing obligation with respect to the publication of any proposals, the requirement shall for the purposes of subsection (5) be taken to be satisfied on the first day in respect of which it is satisfied.

Annotations:

Marginal Citations

37 Approval or rejection by Secretary of State of proposals under section 35.E+W

(1)Proposals published by a local education authority under section 35 require the approval of the Secretary of State if subsection (2), (3) or (4) applies.

(2)This subsection applies if the proposals are for the maintenance as a county school of a school which is for the time being a voluntary school.

(3)This subsection applies if either—

(a)the Secretary of State, within two months after the submission to him of the published proposals, gives notice to the local education authority that the proposals require his approval, or

(b)objections have been made under section 36 and any of them have not been withdrawn in writing within the period specified in subsection (2) of that section.

(4)This subsection applies if either—

(a)the proposals are first published after proposals for acquisition of grant-maintained status for the school have been published under section 193 but before those proposals are determined or withdrawn, or

(b)after the proposals have first been published but before they are determined or withdrawn, proposals for acquisition of grant-maintained status for the school are published under section 193;

and references in this subsection to proposals being first published shall be construed in accordance with section 36(5) and (6).

(5)Where any proposals require the approval of the Secretary of State under this section, he may (subject to subsections (6) to (8))—

(a)reject them,

(b)approve them without modification, or

(c)after consultation with the local education authority, approve them with such modifications as he thinks desirable.

(6)In a case where subsection (2) applies, the Secretary of State shall not approve the proposals unless he has, in accordance with Schedule 6, approved an agreement under that Schedule between the local education authority and the school’s governing body for the transfer to the authority of all necessary interests in the school premises.

(7)In a case where subsection (4) applies, the Secretary of State—

(a)shall consider both sets of proposals together, but

(b)shall not determine the proposals published under section 35 until he has made his determination with respect to the proposals published under section 193.

(8)If the Secretary of State approves the proposals published under section 193, he shall approve the proposals published under section 35 if—

(a)they are proposals under subsection (1)(c) or (d) of that section, and

(b)the governing body incorporated under section 195 give their consent,

but otherwise he shall reject the proposals published under section 35.

(9)Any proposals under section 35(1)(c) or (d) which are approved under subsection (8) shall be treated for the purposes of Part III (grant-maintained schools) as if they had been—

(a)published under section 259 (change of character etc. of grant-maintained school), and

(b)approved under section 261,

and section 262 (approval of school premises) shall apply accordingly.

38 Determination by LEA whether to implement proposals under section 35.E+W

(1)Where any proposals published by a local education authority under section 35 do not require the approval of the Secretary of State under section 37, the authority shall determine whether the proposals should be implemented.

(2)The determination must be made not later than four months after the submission of the proposals to the Secretary of State under section 35.

(3)A local education authority shall notify the Secretary of State of any determination made by them under this section.

39 Approval of school premises.E+W

(1)Where a local education authority publish proposals under section 35, they shall submit to the Secretary of State for his approval such particulars with respect to the premises or proposed premises of the school as he may require.

(2)The particulars shall be so submitted at such time, and in such form and manner, as the Secretary of State may direct.

(3)Schedule 6 has effect in relation to agreements for the transfer of premises in pursuance of proposals for a voluntary school to become a county school, and the approval of such agreements by the Secretary of State.

40 Implementation of proposals under section 35, etc.E+W

(1)Subject to subsection (3), a local education authority shall implement any proposals of theirs—

(a)which have been approved by the Secretary of State under section 37, or

(b)which they have determined under section 38 to implement.

(2)Where any particulars have been submitted under section 39 in connection with the proposals, the proposals shall be implemented in accordance with the particulars as approved by the Secretary of State.

(3)The Secretary of State may, at the request of a local education authority, modify any proposals which the authority are required to implement by virtue of this section.

(4)Subject to subsection (5), neither a local education authority nor any other person shall do or undertake to do anything for which proposals are required to be published and submitted under section 35 until the requirements of that section and section 39 have been complied with and any approval necessary under section 37 or 39 has been given.

(5)The Secretary of State may in any case allow such steps to be taken pending compliance with any such requirements and the giving of any such approval as he considers reasonable in the circumstances.

Voluntary schools: establishment, alteration or change of siteE+W

41 Voluntary school: proposals for establishment, alteration or new site.E+W

(1)Where any persons propose—

(a)that a school which they or persons whom they represent propose to establish should be maintained by a local education authority as a voluntary school, or

(b)that a school established by them or by persons whom they represent which is not a voluntary school should be so maintained as a voluntary school,

then (subject to subsection (9)) they shall publish proposals for that purpose in such manner as may be required by regulations and submit a copy of the published proposals to the Secretary of State.

(2)Where the governing body of a school which is maintained by a local education authority as a voluntary school intend—

(a)to make a significant change in the character, or a significant enlargement of the premises, of the school, or

(b)to transfer the school to a new site,

then (subject to subsections (3) and (9)) they shall publish proposals for that purpose in such manner as may be required by regulations and submit a copy of the published proposals to the Secretary of State.

(3)The requirement to publish proposals under subsection (2)(b) does not apply in relation to the transfer of a voluntary school to a new site if—

(a)the transfer is authorised by an order made under section 47(1) of this Act (or under section 16(1) of the M11Education Act 1944); or

(b)the school is intended to return to its existing site within three years of the time of the transfer.

(4)No proposals under subsection (1) shall be approved by the Secretary of State under section 43 if the school or proposed school is to provide—

(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 19 years;

and the reference in subsection (2)(a) 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 education falling within paragraph (a) or (b) above.

(5)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;

and shall be accompanied by a statement of the effect of section 42.

(6)For the purposes of subsection (5)(b) pupils intended to be admitted to the school for nursery education shall be disregarded, and pupils—

(a)already admitted to the school for nursery education, and

(b)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.

(7)Before publishing any proposals under this section, the persons concerned shall—

(a)in the case of proposals under subsection (1), consult the local education authority, and

(b)in the case of proposals under either subsection (1) or subsection (2), consult such other persons as appear to them to be appropriate;

and in discharging their duty under this subsection they shall have regard to any guidance given from time to time by the Secretary of State.

(8)Before publishing any proposals under subsection (2)(a) which (if implemented) would affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, the governing body shall consult the appropriate further education funding council.

(9)No proposals shall be published under this section in respect of any school in respect of which proposals for acquisition of grant-maintained status have been approved under section 194.

Annotations:

Marginal Citations

42 Objections to proposals under section 41.E+W

(1)Objections to any proposals published under section 41 may be submitted to the Secretary of State by any of the following—

(a)any ten or more local government electors for the area of the local education authority referred to in subsection (1) or (as the case may be) subsection (2) of that section,

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

(c)the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the M12Further and Higher Education Act 1992 applies), and

(d)any local education authority concerned.

(2)Objections may be so submitted within the period of two months after the first publication of the proposals.

(3)Where the proposals are to transfer a school to a site in a different area, objections under subsection (1) to the proposals may also be so submitted by any ten or more local government electors for that area.

(4)Where—

(a)an order under section 27 applies to the area of a local education authority, and

(b)any persons publish proposals under section 41 which affect the provision of relevant education in the area,

the funding authority shall be included among the persons who may submit objections under subsection (1) above to the proposals.

(5)For the purposes of this section proposals under section 41 shall be taken to have been first published—

(a)on the day on which the requirements of regulations with respect to the publication of the proposals are satisfied; or

(b)where different such requirements are satisfied on different days, on the last of those days.

(6)Where any such requirement imposes a continuing obligation with respect to the publication of any proposals, the requirement shall for the purposes of subsection (5) be taken to be satisfied on the first day in respect of which it is satisfied.

Annotations:

Marginal Citations

43 Approval or rejection by Secretary of State of proposals under section 41.E+W

(1)Proposals published under section 41 require the approval of the Secretary of State.

(2)The Secretary of State may (subject to subsections (3) to (6))—

(a)reject such proposals,

(b)approve them without modification, or

(c)after consultation with the persons making the proposals and the local education authority by whom the school is, or is to be, maintained, approve them with such modifications as he thinks desirable.

(3)This subsection applies if either—

(a)the proposals are first published after proposals for acquisition of grant-maintained status for the school have been published under section 193 but before those proposals are determined or withdrawn, or

(b)after the proposals have first been published but before they are determined or withdrawn, proposals for acquisition of grant-maintained status for the school are published under section 193;

and references in this subsection to proposals being first published shall be construed in accordance with section 42(5) and (6).

(4)In a case where subsection (3) applies, the Secretary of State—

(a)shall consider both sets of proposals together, but

(b)shall not determine the proposals published under section 41 until he has made his determination with respect to the proposals published under section 193.

(5)If the Secretary of State approves the proposals published under section 193, he—

(a)shall approve the proposals published under section 41 if they were made for the purpose of ensuring consistency in the provision of education made in the area of the local education authority, but

(b)shall otherwise reject the proposals published under that section.

(6)Any proposals under section 41 which are approved under subsection (5) shall be treated for the purposes of Part III as if they had been—

(a)published under section 259 (change of character etc. of grant-maintained school), and

(b)approved under section 261,

and section 262 (approval of school premises) shall apply accordingly.

(7)Where the proposals published under section 41 are to transfer the school to a site in a different area, subsection (2)(c) above requires consultation with the local education authority by whom the school is maintained as well as with the authority by whom it is to be maintained.

44 Approval of school premises.E+W

(1)Where any proposals are published under section 41, the persons making the proposals shall submit to the Secretary of State for his approval such particulars in respect of the premises or proposed premises of the school as he may require.

(2)The particulars shall be so submitted at such time, and in such form and manner, as the Secretary of State may direct.

(3)Before submitting any particulars under this section, the persons making the proposals shall consult the local education authority by whom the school is, or is to be, maintained.

(4)Where the proposals published under section 41 are to transfer the school to a site in a different area, subsection (3) requires consultation with the local education authority by whom the school is to be maintained.

45 Implementation of proposals under section 41, etc.E+W

(1)Subject to subsections (2) and (4), where any proposals are approved under section 43, they shall be implemented—

(a)in the case of proposals published under section 41(1), by the persons making them or the persons whom they represent (as the case may require) and by the local education authority referred to in that subsection, or

(b)in the case of proposals published under section 41(2), by the school’s governing body.

(2)Subject to subsection (4), it shall be the duty of the local education authority—

(a)in the case of any proposals so approved for the transfer of a controlled school to a new site, to implement the proposals (and any associated proposals for a change in the character of the school) so far as they involve the provision of premises or the removal or provision of equipment; and

(b)in any other case, to implement so much of any proposals so approved as relates to the provision of—

(i)playing fields, or

(ii)buildings which are to form part of the school premises but are not to be school buildings.

(3)Where any particulars have been submitted under section 44 in connection with the proposals, the proposals shall be implemented in accordance with the particulars as approved by the Secretary of State.

(4)The Secretary of State may modify any proposals required to be implemented by virtue of this section, but shall do so—

(a)in the case of proposals published under section 41(1), only at the request of the local education authority referred to in that subsection, and

(b)in the case of proposals published under section 41(2), only at the request of the governing body of the school.

(5)Subject to subsection (6), no person shall do or undertake to do anything for which proposals are required to be published and submitted under section 41 until the requirements of that section and section 44 have been complied with and any approval necessary under section 43 or 44 has been given.

(6)The Secretary of State may in any case allow such steps to be taken pending compliance with any such requirements and the giving of any such approval as he considers reasonable in the circumstances.

(7)Where proposals for the transfer of a school to a site in a different area are approved under section 43, then—

(a)in the case of any voluntary school—

(i)the reference in subsection (2) above to the local education authority is to be read as referring to the authority for the new area, and

(ii)upon the transfer the duty to maintain the school shall transfer to that authority; and

(b)in the case of any controlled school, section 60 (together with section 62) shall apply as if the duty to maintain the school had been transferred to the local education authority for the new area.

46 Establishment of a new voluntary school in substitution for an old one.E+W

(1)This section applies where—

(a)proposals for the establishment of any school or schools are submitted to the Secretary of State under section 41(1); and

(b)in connection with those proposals it is claimed that the school or schools should be maintained by the local education authority as a voluntary school or voluntary schools in substitution for any other voluntary school or schools (whether maintained by that or another local education authority) which is or are to be discontinued.

(2)If the Secretary of State—

(a)approves the proposals under section 43, and

(b)is satisfied that the new school or schools will be maintained as mentioned in subsection (1)(b) above,

he may by order direct that the new school or schools shall be established in substitution for the school or schools which is or are to be discontinued.

(3)Where an order is made under this section, section 173 shall not apply with respect to the discontinuance of that school or those schools.

(4)Before making an order under this section, the Secretary of State shall consult—

(a)any local education authority who in his opinion will be affected by the making of the order; and

(b)the governing body of any voluntary school which in his opinion will be so affected.

(5)An order under this section may—

(a)impose such conditions on any such local education authority or governing body, and

(b)contain such incidental and consequential provisions,

as the Secretary of State thinks fit.

47 Order authorising transfer of voluntary school to new site.E+W

(1)Where the Secretary of State is satisfied that the transfer of a voluntary school to a new site is expedient—

(a)because it is not reasonably practicable to make to the existing premises of the school any alterations necessary to secure that they conform to the standards prescribed under section 542, or

(b)in consequence of any movement of population or of any action taken or proposed to be taken under the enactments relating to housing or to town and country planning,

he may by order authorise the transfer of the school to the new site.

(2)The Secretary of State shall not, however, make any such order in the case of an aided or special agreement school unless he is satisfied that the school’s governing body will be able and willing, with the assistance of any grant made under section 65, to defray the expenses mentioned in section 59(5).

(3)Before making an order under this section the Secretary of State shall consult—

(a)any local education authority who in his opinion will be affected by the making of the order; and

(b)the governing body of any voluntary school which in his opinion will be so affected.

(4)An order under this section may—

(a)impose such conditions on any such local education authority or governing body, and

(b)contain such incidental and consequential provisions,

as the Secretary of State thinks fit.

Status of new voluntary schoolE+W

48 Order that school is to be controlled or aided school.E+W

(1)Where, at or before the time when any proposals are submitted to the Secretary of State under section 41(1), an application is duly made to the Secretary of State with respect to the school to which the proposals relate, he may (subject to the following provisions of this section) by order direct—

(a)that the school shall be a controlled school; or

(b)that the school shall be an aided school.

(2)Where on an application for an order under subsection (1)(b) the Secretary of State is satisfied that the governing body of the school will be able and willing, with the assistance of grants under section 65, to defray the expenses that would fall to be borne by them by virtue of section 59(2) and (3) as the governing body of an aided school, he shall make an order directing that the school shall be an aided school.

(3)Where on an application for an order under subsection (1)(b)—

(a)the Secretary of State is not satisfied that the governing body will be able to defray those expenses without the assistance of both—

(i)grants under section 65, and

(ii)a loan under section 67, and

(b)it appears to him that the area to be served by the school will not be also served by a county or controlled school,

he shall comply with subsection (4) before determining the application.

(4)The Secretary of State—

(a)shall consult such persons or bodies of persons as appear to him to be representative of any religion or religious denomination which, in his opinion having regard to the circumstances of the area, is likely to be concerned, and

(b)unless he is satisfied after that consultation that the holding of a local inquiry is unnecessary, cause such an inquiry to be held.

Proposals for a middle schoolE+W

49 Proposals under section 35 or 41 for a middle school.E+W

Proposals published under section 35 or 41 with respect to a school maintained or to be maintained by a local education authority may, if the authority or persons making them think fit—

(a)specify an age below 10 years and six months and an age above 12 years, and

(b)provide that the school is to be a school for providing full-time education suitable to the requirements of pupils whose ages are between the ages so specified.

Division of a single school into two or more schoolsE+W

50 Division of a county school.E+W

(1)Where—

(a)a county school is organised in two or more departments, and

(b)the local education authority submit to the Secretary of State proposals that the school should be divided into two or more separate schools,

the Secretary of State may by order direct that the school shall be divided into two or more separate county schools.

(2)Any such order shall come into operation on such date as may be specified in the order; and as from that date the local education authority shall maintain as a county school each of the separate schools constituted in pursuance of the order.

(3)An order under this section may contain such incidental, consequential and supplemental provisions as the Secretary of State thinks fit, and may, in particular, include provision for defining the premises of each of the separate schools to be constituted in pursuance of the order.

(4)The constitution of a separate school in pursuance of an order under this section does not amount to the establishment of a new school for the purposes of section 35(1).

(5)In this section “department”, in relation to a school, means a part of the school organised under a separate head teacher.

51 Division of a voluntary school.E+W

(1)Where—

(a)a controlled or aided school is organised in two or more separate departments, and

(b)the governing body, after consulting the local education authority, submit to the Secretary of State proposals that the school should be divided into two or more separate schools,

the Secretary of State may by order direct that the school shall be divided into two or more separate voluntary schools.

(2)Where the school is a controlled school, the order shall direct that each of the schools into which it is to be divided shall be a controlled school.

(3)Where the school is an aided school, the order shall direct that each of the schools into which it is to be divided shall be an aided school; except that, if the governing body request the Secretary of State to direct that all or any of those schools shall be controlled schools, the order shall direct accordingly.

(4)An order under this section shall come into operation on such date as may be specified in the order; and as from that date the local education authority shall maintain as a voluntary school each of the separate schools constituted in pursuance of the order.

(5)An order under this section may contain such incidental, consequential and supplemental provisions as the Secretary of State thinks fit, and may, in particular, include provision for defining the premises of each of the separate schools to be constituted in pursuance of the order.

(6)The constitution of a separate school in pursuance of an order under this section does not amount to the establishment of a new school for the purposes of section 41(1).

(7)No order shall be made under this section for the division of a school in respect of which a special agreement is in force.

(8)In this section “department”, in relation to a school, means a part of the school organised under a separate head teacher.

Change of status from controlled school to aided schoolE+W

52 Proposals for changing a controlled school to an aided school.E+W

(1)Where the governing body of a controlled school propose to apply for an order under section 54 directing that the school should become an aided school, they shall, after consultation with the local education authority—

(a)publish their proposals in such manner as may be required by regulations, and

(b)submit a copy of the published proposals to the Secretary of State.

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

(a)explains the effect of section 53; and

(b)specifies the date on which the proposals are intended to be implemented.

(3)A governing body who submit proposals to the Secretary of State under this section shall provide him with such information as he may reasonably require in order to be able to give proper consideration to them.

53 Objections to proposals.E+W

(1)Objections to any proposals published under section 52 may be submitted to the Secretary of State by any of the following—

(a)any ten or more local government electors for the area of the local education authority by whom the school is maintained;

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

(c)any local education authority concerned.

(2)Objections may be so submitted within the period of two months beginning with the date on which the proposals are first published.

(3)For the purposes of this section proposals under section 52 shall be taken to have been first published—

(a)on the day on which the requirements of regulations under that section with respect to the publication of the proposals are satisfied; or

(b)where different such requirements are satisfied on different days, on the last of those days.

(4)Where any such requirement imposes a continuing obligation with respect to the publication of any proposals, the requirement shall for the purposes of subsection (3) be taken to be satisfied on the first day in respect of which it is satisfied.

54 Order by Secretary of State.E+W

(1)On an application duly made to him by the governing body of any controlled school the Secretary of State may by order direct that, as from such date as is specified in the order, the school shall be an aided school.

(2)The Secretary of State shall not make an order under this section unless he is satisfied that the governing body will be able and willing—

(a)with the assistance of grants under section 65, to defray the expenses mentioned in section 59(2) and (3), and

(b)to pay to the local education authority any compensation payable by the governing body under section 56.

(3)Where the Secretary of State proposes, in making an order under this section, to specify under subsection (1) a date which is different from that specified in pursuance of section 52(2)(b), he shall first consult the governing body and the local education authority as to the date which it would be appropriate to specify in the order.

(4)Where, in consequence of an order made under this section, an amount will be payable by a governing body by way of compensation under section 56, the order—

(a)shall specify the amount of the compensation so payable and the date by which it must be paid; and

(b)may impose such conditions in relation to its payment as the Secretary of State thinks fit.

(5)An order under this section may make such provision (including provision modifying any provision made by or under this Act) as the Secretary of State considers appropriate in connection with the transition of the school in question from controlled to aided status.

(6)In particular, an order under this section may make provision—

(a)as to the circumstances in which, and purposes for which, the school is to be treated before the date specified under subsection (1) as if it were an aided school;

(b)as to the time by which the new instrument of government and articles of government (appropriate for an aided school) are to be made for the school, and the consent and consultation required before they are made;

(c)where the local education authority propose to pass a resolution under section 89 to group the school when it becomes an aided school, as to the consent required before that resolution is passed;

(d)as to the appointment and dismissal of staff for the school;

(e)as to the arrangements to be made in relation to the admission of pupils to the school; and

(f)as to functions exercisable by, or in relation to, the governing body or the governors of any category specified in the order.

55 Variation of order under section 54.E+W

(1)Where the Secretary of State has made an order under section 54, he may, on the application of the local education authority or the foundation governors of the school, by order vary the order under that section so as to specify—

(a)a different date from that specified under subsection (1) of that section, or

(b)a different amount from that specified under subsection (4) of that section.

(2)The foundation governors of a school shall consult the other governors before applying to the Secretary of State under this section.

(3)Before making an order under this section the Secretary of State shall consult—

(a)the local education authority, where the application is by the foundation governors, and

(b)the foundation governors, where the application is by the local education authority.

(4)Where foundation governors are consulted by the Secretary of State under subsection (3), they shall, before giving him their views, consult the other governors of the school.

56 Compensation payable by governing body to local education authority.E+W

(1)Where a controlled school becomes an aided school by virtue of an order under section 54, the governing body shall pay to the local education authority, in accordance with the order, an amount by way of compensation for relevant capital expenditure incurred in respect of the school by the authority or a predecessor of theirs.

(2)In subsection (1) “relevant capital expenditure” means—

(a)expenditure incurred under section 60 (or under paragraph 1 of Schedule 1 to the M13Education Act 1946) in providing buildings which form part of the school premises;

(b)expenditure incurred under section 63 (or under section 2 of the M14Education (Miscellaneous Provisions) Act 1953) in defraying expenses of establishing the school; or

(c)expenditure incurred under section 64 (or under section 1 of the Education Act 1946) in defraying expenses of enlarging the school.

(3)The amount payable by way of compensation under this section shall be—

(a)such as may be agreed by the governing body and the local education authority, or

(b)failing such agreement, such as the Secretary of State thinks fit, having regard to the current value of the property in question.

(4)The Secretary of State may, for the purpose of assisting him in any determination which he is required to make under subsection (3), appoint such person as he thinks competent to advise him on the valuation of property.

(5)No contribution, grant or loan shall be paid, or other payment made, by the Secretary of State to the governing body of a controlled school in respect of any compensation payable by them under this section.

Annotations:

Marginal Citations

Change of status from aided or special agreement school to controlled or aided schoolE+W

57 Change to controlled school where governing body unable or unwilling to carry out financial obligations.E+W

(1)If at any time the governing body of an aided school are unable or unwilling to carry out all their obligations under section 59, they shall apply to the Secretary of State for an order revoking—

(a)the order made under section 48, 54 or 58 (or under section 15 of the M15Education Act 1944 or section 54 of the M16Education (No. 2) Act 1986), or

(b)the direction in an order made under section 51 (or under section 2 of the M17Education Act 1946),

by virtue of which the school is an aided school.

(2)If at any time the governing body of a special agreement school are unable or unwilling to carry out all their obligations under section 59, they shall apply to the Secretary of State for an order revoking the order made under section 15 of the Education Act 1944 by virtue of which the school is a special agreement school.

(3)For the purposes of this section the governing body of an aided school or a special agreement school shall not be regarded as unable to carry out any of their obligations under section 59 if they are able to carry them out with the benefit of assistance under section 68 of this Act.

(4)Where an application is made to him under this section, the Secretary of State shall by order revoke the order or direction in question, and the school in question shall thereupon become a controlled school in accordance with section 32(2).

Annotations:

Marginal Citations

58 Change to controlled or aided school on repayment of grant under special agreement.E+W

(1)Where the Secretary of State is satisfied that the grant made in respect of a school in pursuance of a special agreement has been repaid as mentioned in paragraph 5 of Schedule 5, he shall, on an application made for the purpose by the school’s governing body, by order revoke the order under section 15 of the Education Act 1944 by virtue of which the school is a special agreement school.

(2)Where the Secretary of State—

(a)makes an order under this section, and

(b)is satisfied that the governing body of the school will be able and willing, with the assistance of grants under section 65, to defray the expenses that would fall to be borne by them by virtue of section 59(2) and (3) as the governing body of an aided school,

he shall by order direct that the school shall be an aided school.

(3)Where in any other case the Secretary of State makes an order under this section, the school in question shall thereupon become a controlled school in accordance with section 32(2).

Chapter IIIE+W Funding of voluntary schools

Obligations of governing bodiesE+W

59 Obligations of governing bodies of voluntary schools.E+W

(1)The governing body of a controlled school are (in accordance with section 34(3)) not responsible for any of the expenses of maintaining the school.

(2)In the case of an aided or special agreement school, the expenses of discharging any liability incurred by or on behalf of—

(a)the governing body of the school,

(b)any former governors of the school, or

(c)any trustees of the school,

in connection with the provision of premises or equipment for the purposes of the school are payable by the governing body of the school.

(3)In addition, any expenses incurred—

(a)in making to the school buildings of an aided or special agreement school such alterations as may be required by the local education authority for the purpose of securing that the school premises conform to the standards prescribed under section 542, or

(b)in effecting repairs to the school buildings, other than repairs falling within subsection (4),

are payable by the governing body of the school.

(4)The governing body of an aided or special agreement school are not responsible—

(a)for repairs to the interior of the school buildings, or

(b)for repairs to those buildings necessary in consequence of the use of the school premises, in pursuance of a direction or requirement of the local education authority, for purposes other than those of the school.

(5)Where an order is made under section 47 authorising the transfer of an aided or special agreement school to a new site, the expenses of providing any school buildings to be provided on the new site are payable by the governing body of the school.

Obligations of LEAs as regards new sites and buildingsE+W

60 Obligation of LEAs to provide new sites and buildings for controlled schools.E+W

(1)In the case of a controlled school, the local education authority shall provide—

(a)any new site which is to be provided in addition to, or instead of, the school’s existing site (or part of its existing site), and

(b)any buildings which are to form part of the school premises,

other than any site or buildings that persons other than the authority are under a duty to provide by virtue of proposals required to be implemented under section 45 (or, where a special agreement is in force in respect of the school, under that agreement).

(2)Where a new site is provided for a school under this section, the local education authority shall convey their interest in the site, and in any buildings on the site which are to form part of the school premises, to the trustees of the school to be held on trust for the purposes of the school.

(3)If any doubt or dispute arises as to the persons to whom the authority are required to make the conveyance, it shall be made to such persons as the Secretary of State thinks proper.

(4)Where—

(a)an interest in premises which are to be used for the purposes of a school is conveyed under this section, and

(b)the conveyance is made to persons who possess, or are or may become entitled to, any sum representing proceeds of the sale of other premises which have been used for the purposes of the school,

those persons or their successors shall pay to the local education authority so much of that sum as the Secretary of State may determine to be just having regard to the value of the interest conveyed.

(5)In subsection (4)(b) the reference to proceeds of the sale of other premises includes a reference to consideration for the creation or disposition of any kind of interest in other premises.

(6)Any sum paid under subsection (4) shall be treated for the purposes of section 14 of the M18Schools Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school.

(7)The Secretary of State shall not make a determination under subsection (4) in respect of any property subject to a trust which has arisen under section 1 of the M19Reverter of Sites Act 1987 (right of reverter replaced by trust for sale) unless he is satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.

Annotations:

Marginal Citations

61 Obligation of LEAs to provide new sites for aided and special agreement schools.E+W

(1)In the case of an aided or special agreement school, the local education authority shall provide any new site—

(a)which is to be provided in addition to or instead of the school’s existing site (or part of its existing site), and

(b)which is not a site that persons other than the authority are under a duty to provide by virtue of proposals required to be implemented under section 45 or under a special agreement.

(2)Where a new site is provided for a school under this section, the local education authority shall convey their interest in the site, and in any buildings on the site which are to form part of the school premises, to the trustees of the school to be held on trust for the purposes of the school.

(3)If any doubt or dispute arises as to the persons to whom the authority are required to make the conveyance, it shall be made to such persons as the Secretary of State thinks proper.

(4)Where—

(a)a new site is provided for a school under this section, and

(b)work is required to be done to the site for the purpose of clearing it or making it suitable for building purposes,

the local education authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as will secure that the cost of the work is borne by the authority.

(5)Where—

(a)a new site is provided for a school under this section, and

(b)there are buildings on the site which are of value for the purposes of the school,

the local education authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as appear to be desirable having regard to the governing body’s duties under section 59 with respect to the school buildings.

(6)Where it appears to the Secretary of State that provision for any payment or other adjustment ought to have been made under subsection (4) or (5) but has not been made, he may give directions providing for the making of such payment or other adjustment as he thinks proper.

62 Provisions supplementary to sections 60 and 61.E+W

(1)In sections 60(1) and (2) and 61 “site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.

(2)Where, after premises have been conveyed to the trustees of a school under section 60 or 61, a person acquires the premises or part of them from the trustees (whether compulsorily or otherwise), the Secretary of State may require the trustees or their successors to pay to the local education authority by whom the premises were conveyed so much of the compensation or purchase money paid in respect of the acquisition as he thinks just having regard—

(a)to the value of the premises conveyed by the authority, and

(b)to any sums received by the authority in respect of the premises under section 60 or 61.

(3)In subsection (2) “premises” includes any interest in premises.

(4)Subsection (2) does not apply in the case of an institution which is, or has at any time been, within the further education sector.

Financial assistance for controlled schoolsE+W

63 Payment by LEA of expenses of establishing controlled school.E+W

(1)Where—

(a)proposals for the establishment of a school are submitted to the Secretary of State under section 41(1),

(b)no application is made under section 48 for an order directing that the school shall be an aided school, and

(c)the persons submitting the proposals and the local education authority satisfy the Secretary of State that subsection (3) below applies,

the Secretary of State may by order direct that the whole or a specified part of the promoters’ expenses of establishment shall be defrayed by the local education authority.

(2)In subsection (1) “the promoters’ expenses of establishment” means so much of the cost incurred in establishing the school as would, but for the order, fall to be defrayed by the persons who establish it.

(3)This subsection applies if the establishment of the school is required for the purpose of providing accommodation for pupils for whom, or for a substantial proportion of whom, accommodation would have been provided in some other school—

(a)which is or was a voluntary school, or

(b)which is or was a grant-maintained school, having been a voluntary school immediately before it became grant-maintained,

if that other school had not been discontinued or had not otherwise ceased to be available for the purpose.

64 Payment by LEA of expenses of enlarging controlled school.E+W

(1)Where the Secretary of State—

(a)is satisfied, on an application made to him by the governing body of a controlled school and the local education authority—

(i)that there should be a significant enlargement of the school premises, and

(ii)that subsection (2) or subsection (3) applies, and

(b)approves proposals for the enlargement under section 43,

he may by order direct that the cost of implementing the proposals shall be defrayed by the local education authority.

(2)This subsection applies if the enlargement is wholly or mainly required for the purpose of providing accommodation for pupils for whom accommodation would have been provided in another voluntary school if that other school had not been discontinued or had not otherwise ceased to be available for the purpose.

(3)This subsection applies if the enlargement is desirable for either or both of the following reasons—

(a)for the better provision of primary or secondary education at the premises to be enlarged;

(b)for securing that enough suitable primary or secondary schools are available for the area of the authority.

Financial assistance by Secretary of State for aided and special agreement schoolsE+W

65 Grants in respect of expenditure on premises or equipment.E+W

(1)The Secretary of State may—

(a)in the case of any aided school or special agreement school, or

(b)where proposals have been approved under section 43 for a school or proposed school to be maintained as a voluntary school and the Secretary of State has made an order under section 48 directing that the school is to be an aided school,

make grants to the governing body in respect of qualifying expenditure incurred by them.

(2)In subsection (1) “qualifying expenditure” means expenditure in respect of the provision, alteration or repair of premises or equipment for the school or proposed school.

(3)The amount of any grant paid under this section to the governing body in respect of any such expenditure—

(a)shall not exceed 85 per cent. of the expenditure, and

(b)in the case of any prescribed class or description of such expenditure, shall be such as may be determined in accordance with regulations.

(4)The times at which, and the manner in which, payments are made in respect of grant under this section shall be such as may be determined from time to time by the Secretary of State.

(5)Without prejudice to any other duty of his, the Secretary of State shall, in performing functions relating to the exercise of the power under this section to make grants in respect of expenditure on—

(a)such alterations to school buildings as are referred to in section 59(3)(a), or

(b)the repair of school buildings,

give priority to paying grant in respect of expenditure which is necessary for the performance by governing bodies of their duties; and the amount of any grant paid in the exercise of that power in respect of such expenditure on the repair of school buildings shall be 85 per cent. of the expenditure.

(6)A governing body to whom any payment is made in respect of grant under this section shall comply with such requirements determined by the Secretary of State as he may from time to time impose.

(7)Such requirements—

(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, removed or varied by the Secretary of State.

(8)Such requirements may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the Secretary of State of the whole or any part of the following amount.

(9)That amount is—

(a)the amount of the payments made in respect of the grant under this section, or

(b)so much of the value of any premises or equipment in respect of which grant was paid under this section as is determined in accordance with the requirements to be properly attributable to the payment of such grant,

whichever is the greater.

(10)No such requirement as is referred to in subsection (8) may be imposed where any payment is made in respect of grant under this section if—

(a)the grant is made in respect of the provision, alteration or repair of premises for a school or proposed school, and

(b)any freehold interest in the premises in respect of which the grant is made is, or is to be, held on trust for the purposes of the school.

(11)No grant may be paid under this section—

(a)in respect of any expenses incurred in the provision of any premises which it is the duty of the local education authority to provide, or

(b)in the case of a special agreement school, in respect of expenses incurred in the execution of proposals to which the special agreement relates or of repairs or alterations for the execution of which provision is made by the agreement.

(12)In relation to a proposed school, the references in this section to the governing body, in relation to any time before such a body are constituted, are to the persons who propose to establish the school; and where requirements are imposed in relation to grant paid under this section to such persons, the requirements shall be complied with by the governing body, when they are constituted, as well as by those persons.

(13)In this section “repair” does not include repair falling within section 59(4).

66 Grants in respect of preliminary expenditure.E+W

(1)The Secretary of State may pay grants to the governing body of an aided or special agreement school in respect of any preliminary expenditure incurred by them for the purposes of a scheme for the transfer of the school to a new site or the enlargement or alteration of the school premises.

(2)Where any persons propose or are considering whether to propose—

(a)that a school established by them, or by persons whom they represent, should be maintained by a local education authority as an aided school, or

(b)that a school which may be so established should be so maintained,

the Secretary of State may pay grants to them in respect of any preliminary expenditure incurred by them for the purposes of a scheme for the provision of a site for the school or of any buildings which would be school buildings.

(3)Grants under subsection (1) or (2) may be paid in respect of a scheme such as is mentioned in that subsection whether or not—

(a)the details of such a scheme had been formulated at the time when the expenditure was incurred,

(b)where such details were not formulated at that time, they are subsequently formulated,

(c)the governing body or persons in question had determined to proceed with such a scheme at that time, or

(d)where they had not determined to proceed with such a scheme at that time, they subsequently determine to proceed with such a scheme.

(4)Expenditure in respect of which such grants are payable includes, in particular, costs incurred in connection with—

(a)the preparation of plans and specifications for any proposed construction, enlargement or alteration of buildings which are or would be school buildings, and

(b)estimating the sums which would be expended if any such works were carried out,

but does not include any sums expended in carrying out any such works.

(5)A grant under subsection (1) or (2) shall not exceed 85 per cent. of the expenditure in respect of which it is paid.

(6)Where—

(a)a grant is paid under subsection (1) in the case of any school, or

(b)a grant is paid under subsection (2) in the case of any school which becomes, or is established as, a voluntary school,

the grant shall for the purposes of section 173 be treated as expenditure incurred by the Secretary of State (otherwise than in connection with repairs) in respect of the school premises.

67 Loans in respect of initial expenses.E+W

(1)Where, on the application of the governing body of an aided or special agreement school and after consulting persons representing the governing body, the Secretary of State—

(a)is satisfied that the governing body’s share of any initial expenses required in connection with the school premises will involve capital expenditure, and

(b)having regard to all the circumstances of the case, considers that that expenditure ought properly to be met by borrowing,

he may make a loan to the governing body for the purpose of helping them meet that expenditure.

(2)The amount, rate of interest and other terms and conditions applicable to the loan shall be such as may be specified in an agreement made between the Secretary of State and the governing body with the consent of the Treasury.

(3)For the purposes of this section “initial expenses” are expenses of any of the following categories—

(a)expenses to be incurred in pursuance of a special agreement;

(b)expenses to be incurred in providing school buildings on a site to which the school is to be transferred pursuant to an order under section 47;

(c)expenses to be incurred in providing a site or school buildings on a significant enlargement of the school premises or on the transfer of the school to a new site, being expenses in respect of which grants may be paid under section 65;

(d)expenses to be incurred in providing a site or school buildings for a new school, being expenses in respect of which grants may be paid under section 65.

(4)For the purposes of this section the governing body’s share of any initial expenses shall be taken to be so much of the expenses as remains to be borne by the governing body after taking into account the amount of any grant under section 65 or under a special agreement that may be paid or payable in respect of them.

Assistance by LEAs for governing bodies of aided and special agreement schoolsE+W

68 Assistance in respect of maintenance and other obligations of governing body.E+W

A local education authority may give to the governing body of an aided or special agreement school such assistance as the authority think fit in relation to the carrying out by the governing body of any obligation under—

(a)section 45(1), or

(b)section 59.

Assistance by LEAs for promoters of new voluntary schoolsE+W

69 Assistance for promoters of new voluntary school.E+W

A local education authority may give to persons required under section 45(1) to implement proposals involving the establishment of a school such assistance as the authority think fit in relation to the carrying out by those persons of their obligations under that provision.

Miscellaneous and supplementalE+W

70 Duty to convey interest in premises provided under section 68 or 69.E+W

(1)Where assistance under section 68 or 69 consists of the provision of any premises for use for the purposes of a school, the local education authority shall convey their interest in the premises to the trustees of the school to be held on trust for the purposes of the school.

(2)If any doubt or dispute arises as to the persons to whom the authority are required to make the conveyance, it shall be made to such persons as the Secretary of State thinks proper.

(3)Where trustees make a disposal of an interest conveyed to them by a local education authority under subsection (1), they shall be liable to pay to that authority an amount equal to the net proceeds of the disposal.

(4)In subsection (3)—

71 Powers of Secretary of State where LEA make default in maintaining voluntary school.E+W

(1)Where it appears to the Secretary of State that a local education authority have made default in the discharge of their duties relating to the maintenance of a voluntary school, he may—

(a)direct that any act done by or on behalf of the school’s governing body for the purpose of securing the proper maintenance of the school shall be taken to have been done by or on behalf of the authority, and

(b)reimburse to the governing body any sums which in his opinion they have properly expended for that purpose.

(2)The amount of any sum reimbursed under subsection (1) shall be recoverable by the Secretary of State as a debt due to him from the authority; and without prejudice to any other method of recovery the whole or any part of any such sum may be deducted from any sums payable to the authority by the Secretary of State in pursuance of any regulations relating to the payment of grants.

72 Endowments for maintenance of voluntary schools.E+W

Where any sums accruing in respect of the income of an endowment are required by virtue of the provisions of a trust deed to be applied towards the maintenance of a voluntary school, those sums shall not be payable to the local education authority but shall be applied by the governing body of the school—

(a)towards the discharge of their obligations, if any, under section 59, or

(b)in such other manner, if any, as may be determined by a scheme for the administration of the endowment made after 1st April 1945.

73 Sums paid for letting or hiring of premises of voluntary schools.E+W

Any sum which is paid to the governing body or trustees of a voluntary school in respect of the letting or hiring of any part of the school premises other than school buildings shall be paid over to the local education authority.

74 Execution by LEA of certain works in case of controlled schools.E+W

(1)Where a local education authority are liable to defray the cost of carrying out any building work, repair work or work of a similar character which is required for the purposes of a controlled school, the work shall, if the authority so determine, be carried out by employees of theirs.

(2)If the authority make such a determination, the governing body and any trustees of the school shall provide the authority and the authority’s employees with all such facilities as they may reasonably require for the purpose of securing that the work is carried out properly.

75 Disapplication of restriction on local authority disposals.E+W

Subsection (2) of section 123 of the M20Local Government Act 1972 (local authority prohibited from making disposal of land under that section below market value without consent of the Secretary of State) shall not apply in the case of a disposal—

(a)to the governors of an aided or special agreement school, or

(b)to persons proposing to establish a school which is proposed to be maintained by a local education authority as a voluntary school and to be an aided school.

Annotations:

Marginal Citations

Chapter IVE+W Government of county, voluntary and maintained special schools

Instruments of governmentE+W

76 Instruments of government.E+W

(1)For every county, voluntary and maintained special school there shall be an instrument (known as the instrument of government) providing for the constitution of the school’s governing body.

(2)The instrument of government shall be made by order of the local education authority.

(3)The instrument of government—

(a)shall contain such provisions as are required by this Chapter or by any other enactment; and

(b)shall not contain any provision which is inconsistent with any provision made by or under this Act or any other enactment.

(4)The instrument of government shall comply with any trust deed relating to the school.

(5)This section has effect subject to section 89 (grouping of two or more schools under a single governing body) and sections 96 and 97 (temporary governing body for new school pending constitution of its governing body).

Annotations:

Modifications etc. (not altering text)

C4S. 76 excluded (1.1.1999) by S.I. 1998/3097, reg.3

77 Procedure for making and altering instruments of government.E+W

(1)Before making an order under section 76, a local education authority shall consult the governing body and the head teacher of the school concerned.

(2)Before making an order under section 76 in respect of a voluntary school, a local education authority shall also—

(a)secure the agreement of the governing body to the terms of the proposed order;

(b)secure the agreement of the foundation governors to any provisions which are of particular concern to those governors; and

(c)have regard to the way in which the school has been conducted.

(3)Where the governing body of a county, voluntary or maintained special school make a proposal to the local education authority for the alteration of the provision made by the instrument of government for the school, the authority shall consider their proposal.

(4)Where—

(a)the foundation governors of a voluntary school make a proposal to the local education authority for the alteration of the provision made by the instrument of government for the school, and

(b)the proposal relates solely to one or more matters which are of particular concern to those governors,

the authority shall consider their proposal.

(5)Where a local education authority—

(a)propose to make an order under section 76 but cannot secure any agreement required by subsection (2), or

(b)refuse, in the case of a voluntary school, to make such an order in response to a proposal of a kind mentioned in subsection (3) or (4),

the authority or (as the case may be) the governing body or foundation governors may refer the matter to the Secretary of State.

(6)On a reference to him under subsection (5), the Secretary of State shall give such direction as he thinks fit having regard, in particular, to the status of the school as a controlled, aided or (as the case may be) special agreement school.

(7)Where it appears to the Secretary of State—

(a)that an order, or proposed order, under section 76 is in any respect inconsistent with the provisions of any trust deed relating to the school concerned, and

(b)that it is expedient in the interests of the school that the provisions of the trust deed should be modified for the purpose of removing the inconsistency,

he may by order make such modifications in the trust deed as appear to him to be just and expedient for that purpose.

(8)References in this section to an order, or proposed order, under section 76 are references to an order, or proposed order, under that section embodying or varying an instrument of government.

Categories of governorE+W

78 Categories of governor.E+W

(1)In this Act “co-opted governor”, in relation to a county, voluntary or maintained special school, means a person appointed to be a member of the school’s governing body by being co-opted by those governors of the school who have not themselves been so appointed (and accordingly does not include a governor of the school appointed in accordance with any provision made by virtue of section 81 (appointment of parent governors by governing body as a whole)).

(2)In this Act “foundation governor”, in relation to a voluntary school, means a person appointed to be a member of the school’s governing body, otherwise than by a local education authority or a minor authority, for the purpose of securing (so far as is practicable)—

(a)that the character of the school as a voluntary school is preserved and developed, and

(b)in particular, that the school is conducted in accordance with the provisions of any trust deed relating to it.

(3)In this Act “parent governor”, in relation to a county, voluntary or maintained special school, means—

(a)a person who is elected as a member of the school’s governing body by parents of registered pupils at the school and is himself such a parent at the time when he is elected, or

(b)(in the case of a county, controlled or maintained special school) a person who is appointed as a member of the governing body in accordance with any provision made by virtue of section 81.

(4)In this Act “teacher governor”, in relation to a county, voluntary or maintained special school, means a person who is elected as a member of the school’s governing body by teachers at the school and who is himself such a teacher at the time when he is elected.

(5)In relation to any group of schools under section 89 for which the instrument of government makes by virtue of section 93 provision with respect to the election of parent or teacher governors, any reference in subsection (3) or (4) to a person being elected as there mentioned is a reference to his being so elected in accordance with any such provision made by virtue of section 93.

Governing bodies of county, controlled and maintained special schoolsE+W

79 Constitution of the governing body of a county, controlled or maintained special school.E+W

(1)Subject to section 80 (representative governors for certain schools), the instrument of government for a county or maintained special school shall provide for the governing body to consist of the following (and no others)—

(a)the head teacher, unless he chooses not to be a governor, and

(b)governors of each of the categories specified in the first column of the following table, in the numbers specified in whichever of the other columns relates to the size of the school.

Category of governorSchool with less than 100 registered pupilsSchool with 100 or more but less than 300 registered pupilsSchool with 300 or more but less than 600 registered pupilsSchool with 600 or more registered pupils
Parent governors2345
Governors appointed by the local education authority2345
Teacher governors1122
Co-opted governors3456

(2)Subject to section 80, the instrument of government for a controlled school shall provide for the governing body to consist of the following (and no others)—

(a)the head teacher, unless he chooses not to be a governor, and

(b)governors of each of the categories specified in the first column of the following table, in the numbers specified in whichever of the other columns relates to the size of the school.

Category of governorSchool with less than 100 registered pupilsSchool with 100 or more but less than 300 registered pupilsSchool with 300 or more but less than 600 registered pupilsSchool with 600 or more registered pupils
Parent governors2345
Governors appointed by the local education authority2345
Teacher governors1122
Foundation governors2344
Co-opted governors1112

(3)Where the instrument of government so provides, a county, controlled or maintained special school with 600 or more registered pupils shall be treated for the purposes of this section as one with 300 or more but less than 600 registered pupils.

(4)Where the head teacher of a county, controlled or maintained special school is a governor he shall be treated for all purposes as being an ex officio governor.

Annotations:

Modifications etc. (not altering text)

C5S. 79(1)(2) excluded (1.11.1996) by 1996 c. 57, ss. 27(4), 48(2).

80 Appointment of representative governors in place of co-opted governors.E+W

(1)The instrument of government for a primary school which is a county or controlled school serving an area for which there is a minor authority shall provide for one governor to be appointed by that authority.

(2)The instrument of government for a maintained special school which is established in a hospital shall provide—

(a)(if the hospital is vested in the Secretary of State) for one governor to be appointed by the Health Authority; or

(b)(if the hospital is vested in a National Health Service trust) for one governor to be appointed by that trust.

(3)The instrument of government for a maintained special school which is not established in a hospital shall, if the school has less than 100 registered pupils, provide for one governor to be appointed—

(a)by a voluntary organisation designated by the local education authority, in relation to the school, as the appropriate voluntary organisation concerned with matters in respect of which the school is specially organised; or

(b)jointly by two or more voluntary organisations so designated as appropriate voluntary organisations concerned with such matters;

or, if the school has 100 or more registered pupils, shall provide for two governors to be appointed as mentioned in paragraph (a) or (b).

(4)Where, by virtue of subsection (3) above, an instrument of government is required to provide for the appointment of two governors, it may make different provision in relation to the appointment of one governor from that made in relation to the appointment of the other.

(5)Where a local education authority are satisfied, in relation to any special school, that there is no voluntary organisation which it would be appropriate to designate for the purposes of subsection (3), that subsection shall not apply to the instrument of government for the school.

(6)An instrument of government which is required by this section to provide for the appointment of a governor shall name the person or persons by whom the governor is to be appointed.

(7)Subject to subsection (8), an instrument of government which is required by this section to provide for the appointment of one or (as the case may be) two governors shall in consequence provide for the appointment of one or two fewer co-opted governors than would otherwise be provided for.

(8)If that instrument of government is for a controlled school which—

(a)has less than 600 registered pupils, or

(b)is, by virtue of subsection (3) of section 79, to be treated for the purposes of that section as having less than 600 such pupils,

the instrument shall not provide for the appointment of any co-opted governor.

(9)In subsections (7) and (8) references to co-opted governors are references to governors required to be co-opted by virtue of section 79 but do not include co-opted foundation governors.

81 Appointment of parent governors by governing bodies.E+W

(1)The instrument of government for a county or controlled school, or for a maintained special school which is not established in a hospital, may provide that if at the time when the instrument is made, or at any later time when there is a vacancy for a parent governor—

(a)at least 50 per cent. of the registered pupils at the school are boarders, and

(b)it would, in the opinion of the local education authority, be impracticable for there to be an election of parent governors,

the parent governors, or (as the case may be) the parent governor required to fill that vacancy, shall be appointed by the other members of the governing body.

(2)Where, in the opinion of the local education authority, it is likely to be impracticable for there to be elections of parent governors at a maintained special school which is established in a hospital, the instrument of government for the school may provide for the parent governors to be appointed by the other members of the governing body.

(3)The instrument of government for a county, controlled or maintained special school at which parent governors are to be, or may be, elected shall provide for the required number of parent governors to be made up by parent governors appointed by the other members of the governing body if—

(a)one or more vacancies for parent governors are required to be filled by election; and

(b)the number of parents standing for election as parent governors is less than the number of vacancies.

(4)The instrument of government for a county, controlled or maintained special school shall require governors, in appointing a parent governor under a provision made by virtue of this section—

(a)to appoint a person who is the parent of a registered pupil at the school, where it is reasonably practicable to do so, and

(b)where it is not, to appoint a person who is the parent of one or more children of compulsory school age.

(5)Such an instrument shall also provide that governors shall not appoint as a parent governor under such a provision any person who is—

(a)an elected member of the local education authority, or

(b)an employee of the authority or of the governing body of any aided school maintained by the authority.

82 Review of the constitution of governing bodies.E+W

(1)The constitution of the governing body of a county, controlled or maintained special school shall be reviewed in accordance with this section on, or as soon as is reasonably practicable after, the occurrence of any event which is a relevant event in relation to the school.

(2)For the purposes of this section any of the following is a “relevant event” in relation to a school—

(a)the implementation of any proposals falling within subsection (3);

(b)where no such proposals have been implemented in relation to the school before the fourth anniversary of the date on which the current instrument of government for the school was made, that anniversary; and

(c)where a relevant event has previously occurred in relation to the school, the fourth anniversary of the latest such event.

(3)Proposals fall within this subsection if they provide for an increase in the number of registered pupils at the school and are—

(a)proposals under section 35(1)(c) or (d) (alteration of character or premises of a county school or transfer to a new site) or proposals which would fall to be published under section 35(1)(d) but for section 35(2)(b);

(b)proposals under section 41(2)(a) or (b) (alteration of character or premises of a voluntary school or transfer to a new site);

(c)proposals that the Secretary of State should make an order under section 47 (transfer of voluntary school to a new site); or

(d)proposals under section 339(1)(b) (prescribed alteration to maintained special school).

(4)Any review which is required by virtue of the implementation of proposals falling within subsection (3)(a) or (d) shall be carried out by the local education authority; and any other review which is required by this section shall be carried out by the governing body.

(5)Whenever a local education authority or governing body are required to carry out a review under this section, they shall consider—

(a)whether the governing body are properly constituted; and

(b)whether the provision made by the instrument of government for the school is in any respect different from that which a new instrument of government would be required to make.

(6)Where a governing body have carried out a review under this section and have established that the provision made by the instrument of government is in one or more respects different from that which a new instrument of government would be required to make, they shall report the fact to the local education authority.

(7)Where proposals falling within subsection (3)(a) or (d) have been implemented in relation to a school, the local education authority shall determine the date on which, for the purposes of this section, they are to be taken to have been implemented and shall notify the governing body accordingly.

83 Adjustment in number of governors.E+W

(1)Where—

(a)a county, controlled or maintained special school has more governors of a particular category than are provided for by the instrument of government for the school, and

(b)the excess is not eliminated by the required number of governors of that category resigning,

such number of governors of that category as is required to eliminate the excess shall cease to hold office.

(2)The governors who are to cease to hold office shall be selected on the basis of seniority, the longest-serving governor being the first to be selected, and so on.

(3)Where it is necessary for the purposes of subsection (2) to select one or more governors from a group of equal seniority, it shall be done by drawing lots.

(4)Subsections (2) and (3) do not apply in relation to foundation governors.

(5)The instrument of government for a controlled school shall make provision for the procedure to be adopted whenever subsection (1) requires a foundation governor to cease to hold office.

Governing bodies of aided and special agreement schoolsE+W

84 Constitution of the governing body of an aided or special agreement school.E+W

(1)The instrument of government for an aided or special agreement school shall provide for the governing body to include—

(a)the head teacher, unless he chooses not to be a governor,

(b)at least one parent governor,

(c)at least one governor appointed by the local education authority,

(d)at least one teacher governor if the school has less than 300 registered pupils, and at least two teacher governors if it has 300 or more registered pupils, and

(e)foundation governors.

(2)The instrument shall provide for such number of foundation governors as will lead to their outnumbering the other governors—

(a)by two, if the governing body will consist of not more than 18 governors; or

(b)by three, if it will consist of more than 18 governors,

and shall provide for at least one of the foundation governors to be (at the time of his appointment) a parent of a registered pupil at the school.

(3)If the school is a primary school serving an area for which there is a minor authority, the instrument shall provide for the governing body to include also at least one governor appointed by that authority.

(4)Where the head teacher of an aided or special agreement school has chosen not to be a governor, he shall nevertheless be counted as one for the purposes of calculating the required number of foundation governors.

(5)Subject to subsection (2), nothing in this section shall be taken to prevent the instrument of government for such a school from providing for the governing body to include governors in addition to those required by virtue of this section.

(6)Where the head teacher of such a school is a governor he shall be treated for all purposes as being an ex officio governor.

Annotations:

Modifications etc. (not altering text)

C6S. 84(2) amended (1.11.1996) by 1996 c. 57, ss. 27(8), 48(2)

85 Sponsor governors for aided secondary schools.E+W

(1)The instrument of government for any secondary school which is an aided school shall, if a direction given by the Secretary of State under this section so requires—

(a)name as a sponsor of the school a person specified in the direction, and

(b)provide for the governing body of the school to include such number of governors appointed by the sponsor, not exceeding four, as is so specified.

(2)A direction under this section in respect of a school, other than one under subsection (4) or (5)—

(a)may only be given at the request, or with the consent, of the governing body, and

(b)may make provision (including the modification of any provision made by or under this Chapter) as to the time by which a new instrument of government is to be made and the consent and consultation which is to be required before it is made.

(3)A direction under this section varying or revoking a previous direction—

(a)may only be made after consulting the governing body, and

(b)may make provision (including the modification of any provision made by or under this Chapter) as to the time by which a new instrument of government is to be made and the consent and consultation which is to be required before it is made.

(4)Where proposals approved under section 43—

(a)provide for a secondary school to be maintained by the local education authority as a voluntary school, and

(b)name a person as a sponsor of the school, and

(c)provide for the governing body of the school to include a specified number of governors, not exceeding four, appointed by the sponsor,

the Secretary of State shall, if he makes an order under section 48 directing that the school shall be an aided school, give a direction under this section for the purpose of implementing the proposals.

(5)Where an order under section 54 directs that a secondary school shall be an aided school and the proposals published by the governing body under section 52—

(a)name a person as a sponsor of the school, and

(b)provide for the governing body of the school to include a specified number of governors, not exceeding four, appointed by the sponsor,

the Secretary of State shall give a direction under this section for the purpose of implementing the proposals.

(6)Where the instrument of government for any secondary school which is an aided school names two or more persons as sponsors of the school—

(a)the number of governors appointed under the instrument by virtue of this section may not exceed four, and

(b)the instrument may not provide for any of those governors to be appointed by two or more sponsors acting jointly.

(7)Where in pursuance of this section the instrument of government for a school names a person as a sponsor of the school, section 84(2) shall have effect as if it required the instrument to provide for such number of foundation governors as will lead to their outnumbering the other governors by two.

(8)In this section “direction” means a direction contained in an order made by the Secretary of State.

Governing bodies: generalE+W

86 Instrument of government to reflect current circumstances of school.E+W

(1)Subject to subsection (2) and paragraph 5(2) of Schedule 10 (which makes in relation to new schools provision similar to that made by subsection (2) in relation to existing schools), the instrument of government for a county, voluntary or maintained special school shall make such provision as is appropriate having regard to all the circumstances of the school as at the date on which the instrument is made.

(2)Where proposals falling within section 82(3) have been implemented in relation to a school, then for the purposes of subsection (1) the number of registered pupils at the school shall, until the actual number of registered pupils at the school reaches the maximum number of pupils provided for by the proposals, be deemed to be that maximum number.

(3)Where subsection (2) applies in relation to a school—

(a)the local education authority, or

(b)if the proposals fall within section 82(3)(b), the governing body,

may determine that it shall cease to apply (but without prejudice to its operation in relation to the implementation of any further proposals).

87 Effect of change in circumstances of school.E+W

(1)Where the effect of any subsequent change in the circumstances of a county, voluntary or maintained special school is that the provision made by the instrument of government for the school differs in any respect from the provision which a new instrument of government would be required to make, the local education authority shall (subject to subsection (2))—

(a)vary the instrument of government in such manner as is necessary to remove any such difference, or

(b)make a new instrument of government.

(2)For the purposes of subsection (1) any change in the number of registered pupils at a county, controlled or maintained special school occurring after the instrument of government for the school is made, or (as the case may be) varied, may be disregarded until a review under section 82 establishes that the provision made by the instrument differs in any respect from the provision which a new instrument of government for the school would be required to make.

(3)Where section 86(2) has applied in relation to a school but the local education authority or (as the case may be) governing body have subsequently determined that it should cease to apply, subsections (1) and (2) above shall have effect as if a change in the number of registered pupils at the school had occurred at the time when that determination was made.

(4)The instrument of government for a county, voluntary or maintained special school may make provision which would be appropriate in the event of such a change in the circumstances of the school as is anticipated by that provision (including in particular a change in the number of registered pupils at the school).

(5)No provision made by the instrument of government for a county, controlled or maintained special school in anticipation of a change in the number of registered pupils at the school shall have effect before it is established, by a review under section 82, that a new instrument of government would be required to make that provision.

88 Incorporation, membership and proceedings etc. of governing bodies.E+W

(1)Any governing body of a county, voluntary or maintained special school constituted in pursuance of this Chapter shall be constituted as a body corporate; and Schedule 7 has effect in relation to the incorporation of any such governing body.

(2)Schedule 8 has effect in relation to the membership and proceedings of, and other matters relating to, any such governing body.

Grouping of schools under a single governing bodyE+W

89 Grouping of schools under a single governing body.E+W

(1)Subject to subsection (2), a local education authority may resolve that any two or more schools maintained by them shall be grouped for the purposes of this Chapter.

(2)If the instrument of government of any of the schools names a person as a sponsor of the school, a local education authority may only pass a resolution under subsection (1) if all the schools are secondary schools.

(3)Where any schools are grouped under this section, they shall—

(a)be treated for the purposes of this Chapter as a single school; and

(b)have a single governing body constituted under a single instrument of government.

(4)A group shall be treated for the purposes of this Chapter—

(a)as an aided school, if it contains at least one aided school;

(b)as a special agreement school, if it contains at least one special agreement school and paragraph (a) does not apply;

(c)as a controlled school, if it contains at least one controlled school and neither paragraph (a) nor paragraph (b) applies;

(d)as a maintained special school, if it consists only of maintained special schools; and

(e)as a county school, if none of paragraphs (a) to (d) applies.

(5)In this Part—

(6)Any reference in any enactment to the governing body or governors of a school shall be construed, in relation to any grouped school, as a reference to the governing body or governors of the group.

Annotations:

Modifications etc. (not altering text)

C7S. 89 restricted (1.11.1996) by 1996 c. 57, ss. 29(1), 48(2)

S. 89 excluded (1.1.1999) by S.I. 1998/3097, reg. 8(a)

S. 89 applied (24.7.1998 for certain purposes only) by 1998 c. 31, ss. 36(2), 145(3)(5), Sch. 10 para. 1(7) (with ss. 138(9), 144(6)).

90 Consent of Secretary of State as to grouping.E+W

(1)Subject to subsection (2), a local education authority shall, before resolving to group any schools under section 89, obtain the consent of the Secretary of State to the proposed grouping.

(2)The Secretary of State’s consent is not required if—

(a)the group will consist only of two primary schools;

(b)both of the schools serve substantially the same area;

(c)neither of the schools is a special school; and

(d)where they are in Wales, there is no significant difference between them in their use of the Welsh language.

(3)Where—

(a)two primary schools have been grouped in circumstances in which, by virtue of subsection (2), the Secretary of State’s consent to the grouping was not required, and

(b)a change of circumstances occurs such that a proposal to group those schools made after that change would require his consent,

the local education authority shall obtain his consent to their continuing to be grouped.

(4)The Secretary of State may give his consent to any grouping (or continued grouping) of schools subject to such conditions as to the duration of the grouping as he sees fit to impose.

(5)Where the Secretary of State’s consent is required to the grouping or continued grouping of any schools, sections 79 to 81, 84 and 85 and paragraph 2(2) of Schedule 8 (representation of local business community on governing body) shall apply in relation to the group subject to such modifications (if any) as he may direct.

(6)Any dispute as to whether, for the purposes of this section—

(a)two primary schools are to be regarded as serving substantially the same area, or

(b)there is any significant difference between two primary schools in their use of the Welsh language,

shall be determined by the Secretary of State.

Annotations:

Modifications etc. (not altering text)

C8S. 90 excluded (1.1.1999) by S.I. 1998/3097, reg. 8(a)

91 Consent of, or consultation with, governing body as to grouping.E+W

(1)A local education authority shall not pass a resolution under section 89 applying to a voluntary school without first obtaining the consent of the school’s governing body.

(2)A local education authority shall not pass a resolution under section 89 applying to a county or maintained special school without first consulting the school’s governing body.

Annotations:

Modifications etc. (not altering text)

C9S. 91 excluded (1.1.1999) by S.I. 1998/3097, reg. 8(a)

92 Procedure for making or altering the instrument of government for a group.E+W

(1)Before making an order under section 76 embodying the first instrument of government for a group, the local education authority shall consult the governing body and head teacher of each school within the group.

(2)Before making such an order in respect of a group which contains one or more voluntary schools, the local education authority shall also—

(a)secure the agreement of the governing body of each of those schools to the terms of the proposed order,

(b)secure the agreement of the foundation governors of each of those schools to any provision which will be of particular concern to the foundation governors of the group, and

(c)have regard to the way in which those schools have been conducted.

(3)Where an order such as is mentioned in subsection (1) has been made, section 77 shall apply in relation to any subsequent order embodying or varying the instrument of government for the group, or any proposal for the making of such an order, as if the group—

(a)(where it contains one or more voluntary schools) were a single voluntary school; or

(b)(in any other case) were a single county school.

(4)Any agreement required by subsection (2) shall be treated for the purposes of section 77(5) as having been required by section 77(2).

Annotations:

Modifications etc. (not altering text)

C10S. 92 excluded (1.1.1999) by S.I. 1998/3097, reg. 8(a)

93 Election of parent and teacher governors for a group.E+W

The instrument of government for a group—

(a)may provide for the local education authority to have power to determine, in relation to every election of parent or teacher governors, the school or schools within the group—

(i)the parents of registered pupils at which are entitled to stand and vote at the election, or

(ii)the teachers at which are entitled to stand and vote at the election,

as the case may be; and

(b)where it so provides, shall require the authority to ensure that the position after any such election will be that there is no school within the group which will not have had an opportunity to participate in accordance with paragraph (a) in the election of at least one of the parent or (as the case may be) teacher governors of the group.

Annotations:

Modifications etc. (not altering text)

C11S. 93 excluded (1.1.1999) by S.I. 1998/3097, reg. 8(a)

94 Review of grouping.E+W

(1)Where subsection (2) applies in relation to a school which is grouped with one or more other schools under section 89, the local education authority shall review the grouping of those schools and consider whether or not it should be brought to an end.

(2)This subsection applies in relation to a school if—

(a)proposals relating to it are made under—

(i)section 35 (establishment, alteration etc. of county schools),

(ii)section 41 (establishment, alteration etc. of voluntary schools),

(iii)section 52 (controlled schools becoming aided schools),

(iv)section 167 (discontinuance of county, voluntary and nursery schools), or

(v)section 339 (establishment etc. of special schools); or

(b)it is proposed that the Secretary of State should make an order relating to it under section 46 (establishment of new voluntary schools in substitution for old ones) or section 47 (transfer of voluntary schools to new sites); or

(c)the Secretary of State makes an order relating to it—

(i)under section 50 or section 51 (division of county or voluntary school), or

(ii)under section 57 or 58(1) (revocation of orders by virtue of which schools are aided or special agreement schools); or

(d)it is transferred to a new site in circumstances falling within section 35(2)(b).

(3)Where on a review under this section a local education authority consider that any grouping of schools should be continued, and the Secretary of State’s consent to the grouping, or to the continued grouping, of the schools was at any time required by section 90, the authority shall—

(a)report to the Secretary of State on the results of their review; and

(b)provide him with such information as he may reasonably require with a view to enabling him to consider whether or not the grouping should be brought to an end.

Annotations:

Modifications etc. (not altering text)

C12S. 94 excluded (1.1.1999) by S.I. 1998/3097, reg. 8(a)

95 Termination of grouping.E+W

(1)The Secretary of State may by order bring to an end any grouping under section 89 in respect of which his consent was at any time required by section 90.

(2)Any grouping under section 89 may, if the group does not contain a voluntary school, be brought to an end by resolution of the local education authority.

(3)Any such grouping may, if the group contains a voluntary school but not one whose instrument of government names any person as a sponsor of the school, be brought to an end—

(a)by resolution of the local education authority made with the agreement of the governing body, or

(b)by one year’s notice given either by the authority to the governing body or by the governing body to the authority.

(4)Any order under section 76 embodying an instrument of government for two or more schools which are grouped under section 89 shall be taken to have been revoked—

(a)in the case of a group which was established for a specified period, at the end of that period, or

(b)at the time when the grouping is brought to an end in accordance with subsection (1), (2) or (3).

Annotations:

Modifications etc. (not altering text)

C13S. 95 excluded (1.1.1999) by S.I. 1998/3097, reg. 8(a)

C14S. 95(1) extended (1.11.1996) by 1996 c. 57, ss. 29(2), 48(2)

Government of new schoolsE+W

96 Temporary governing bodies for new county or maintained special schools.E+W

(1)Where—

(a)the Secretary of State has approved under section 37 or section 340 proposals of a kind mentioned in subsection (2), or

(b)a local education authority have determined under section 38 to implement any proposals made by them under section 35,

the local education authority shall (unless they have already exercised their power to do so under subsection (3)) make an arrangement for the constitution of a temporary governing body for the school in question pending the constitution of its governing body under an instrument of government.

(2)The proposals referred to in subsection (1) are any proposals made by a local education authority—

(a)to establish a new county school;

(b)to maintain as a county school a school which is neither a county school nor a voluntary school; or

(c)to establish a new school which is specially organised to make special educational provision for pupils with special educational needs.

(3)Where any such proposals have been duly published under section 35 or (as the case may be) notice of them has been duly served under section 339, the local education authority may make an arrangement such as is mentioned in subsection (1) in anticipation of the Secretary of State’s approval of the proposals or (as the case may be) the determination by the authority that they should be implemented.

(4)An arrangement made under subsection (3) shall come to an end if—

(a)the proposals are withdrawn, or

(b)the Secretary of State rejects them under section 37 or (as the case may be) section 340, or

(c)(in the case of proposals made under section 35), the local education authority determine under section 38 not to implement them.

(5)An arrangement made under this section shall, unless it has been brought to an end under subsection (4), come to an end when the requirement for there to be an instrument of government for the school takes effect under section 99.

Annotations:

Modifications etc. (not altering text)

C15S. 96(1)(3) modified (1.1.1999) (temp.) by S.I. 1998/3097, reg.4

C16S. 96(5) excluded (1.1.1999) by S.I. 1998/3097, reg. 8(b)

97 Temporary governing bodies for new voluntary schools.E+W

(1)Where the Secretary of State has approved under section 43 any proposals that a school—

(a)which was established by those making the proposals, or by the persons whom they represent, and is not a voluntary school, or

(b)which is proposed to be so established,

should be maintained by a local education authority as a voluntary school, the local education authority shall (unless they have already exercised their power to do so under subsection (2)) make an arrangement for the constitution of a temporary governing body for the school pending the constitution of its governing body under an instrument of government.

(2)Where any such proposals have been duly published under section 41, the local education authority may make an arrangement such as is mentioned in subsection (1) in anticipation of the Secretary of State’s approval of the proposals.

(3)If the proposals so published are for the school in question to be maintained as a controlled school, the authority shall consult the persons making the proposals—

(a)as to whether the power given to the authority by subsection (2) should be exercised, and

(b)if the authority propose to exercise it, as to the date on which the arrangement should be made.

(4)If the proposals so published are for the school in question to be maintained as an aided school, the authority and the persons making the proposals shall consider—

(a)whether the power given to the authority by subsection (2) should be exercised, and

(b)where they agree that it should, on what date the arrangement should be made.

(5)Where, in a case within subsection (4), the authority and the persons making the proposals fail to agree on the question mentioned in paragraph (a) or on that mentioned in paragraph (b), either of them may refer the matter to the Secretary of State.

(6)On a reference under subsection (5), the Secretary of State shall give such direction as he thinks fit.

(7)An arrangement made under subsection (2) shall come to an end if—

(a)the proposals are withdrawn, or

(b)the Secretary of State rejects them under section 43.

(8)An arrangement made under this section, other than one which has been brought to an end under subsection (7), shall come to an end when the requirement for there to be an instrument of government for the school takes effect under section 99.

Annotations:

Modifications etc. (not altering text)

C17S. 97(1)(2) modified (1.1.1999) (temp.) by S.I. 1998/3097, reg.4

C18S. 97(8) excluded (1.1.1999) by S.I. 1998/3097, reg. 8(c)

98 Constitution, membership and proceedings etc. of temporary governing bodies.E+W

Schedule 9 has effect in relation to the constitution, membership and proceedings of, and other matters relating to, temporary governing bodies.

99 Transition from temporary governing body to governing body constituted under an instrument of government.E+W

(1)The requirement for there to be an instrument of government for a school (imposed by section 76) shall take effect in relation to a new school from the date on which the relevant proposals are implemented.

(2)Where a question arises as to which date is to be taken for the purposes of this section to be the date on which the relevant proposals are implemented, it shall be determined by the Secretary of State.

(3)Schedule 10 has effect in relation to the transition from a temporary governing body to a governing body constituted under an instrument of government.

Grouping of new schoolsE+W

100 Grouping of new schools.E+W

(1)This section applies for the purposes of grouping a new school under section 89 with effect from the relevant time.

(2)Any provision of sections 89 to 91 which operates by reference to the existence or absence of any particular circumstances in the case of a school, or to the status of a school, shall be treated (so far as necessary for the purposes mentioned in subsection (1) above) as so operating by reference to the position as it will be at the relevant time.

(3)In addition section 91 shall have effect for those purposes as if any reference to a school’s governing body were a reference to its temporary governing body.

(4)In this section “the relevant time”, in relation to a new school, means the time when the requirement for there to be an instrument of government for the school takes effect under section 99.

Annotations:

Modifications etc. (not altering text)

C19S. 100 excluded (1.1.1999) by S.I. 1998/3097, reg. 8(d)

Chapter VE+W Financial delegation to governing bodies of county, voluntary and maintained special schools

Chapter VIE+W Conduct and staffing of county, voluntary and maintained special schools

Articles of governmentE+W

127 Articles of government.E+W

(1)For every county, voluntary and maintained special school there shall be an instrument (known as the articles of government) in accordance with which the school is to be conducted.

(2)The articles of government shall be made by order of the local education authority.

(3)The articles of government—

(a)shall contain such provisions as are required by this Chapter or by any other enactment; and

(b)shall not contain any provision which is inconsistent with any provision made by or under this Act or any other enactment.

(4)The articles of government shall comply with any trust deed relating to the school.

128 Procedure for making and altering articles of government.E+W

(1)Before making an order under section 127, a local education authority shall consult the governing body and the head teacher of the school concerned.

(2)Before making an order under section 127 in respect of a voluntary school, a local education authority shall also—

(a)secure the agreement of the governing body to the terms of the proposed order; and

(b)have regard to the way in which the school has been conducted.

(3)Where the governing body of a county, voluntary or maintained special school make a proposal to the local education authority for the alteration of the provision made by the articles of government for the school, the authority shall consider their proposal.

(4)Where a local education authority—

(a)propose to make an order under section 127 but cannot secure any agreement required by subsection (2), or

(b)refuse, in the case of a voluntary school, to make such an order in response to a proposal of a kind mentioned in subsection (3),

the authority or (as the case may be) the governing body may refer the matter to the Secretary of State.

(5)On a reference to him under subsection (4), the Secretary of State shall give such direction as he thinks fit having regard, in particular, to the status of the school as a controlled, aided or (as the case may be) special agreement school.

(6)Where it appears to the Secretary of State—

(a)that an order, or proposed order, under section 127 is in any respect inconsistent with the provisions of any trust deed relating to the school, and

(b)that it is expedient in the interests of the school that the provisions of the trust deed should be modified for the purpose of removing the inconsistency,

he may by order make such modifications in the trust deed as appear to him to be just and expedient for that purpose.

(7)References in this section to an order, or proposed order, under section 127 are references to an order, or proposed order, under that section embodying or varying the articles of government for a school.

129 Overriding, and amendment, of articles where school has a delegated budget.E+W

(1)During any period when a school has a delegated budget under such a scheme as is mentioned in section 101(1), any provisions of the articles of government of the school which are inconsistent with the operation during that period of any provisions of Chapter V or of the scheme shall be of no effect to the extent of the inconsistency.

(2)If a school’s articles of government contain any provisions to which subsection (1) applies (“inconsistent provisions”), the local education authority shall amend the articles so as to include in relation to each inconsistent provision the statement required by subsection (3).

(3)The statement shall specify—

(a)the inconsistent provision,

(b)the provision of Chapter V or of the scheme with the operation of which it is inconsistent (the “overriding provision”), and

(c)the extent of the inconsistency,

and shall indicate that, during any period when the school has a delegated budget, the inconsistent provision is superseded by the overriding provision to the extent of the inconsistency.

(4)Any amendment required by subsection (2) shall be made within the period of five years beginning with the date on which begins the financial year in which the school first has a delegated budget under the scheme.

(5)Any such amendment shall be made by order under section 127; but section 128 shall not apply in relation to an order made under section 127 by virtue of this subsection.

Annotations:

Modifications etc. (not altering text)

C20S. 129 amended (1.4.1999) by S.I. 1999/711, reg. 3

Conduct of schools: generalE+W

130 Governing body to have general responsibility for conduct of school.E+W

The articles of government for a county, voluntary or maintained special school shall provide for the conduct of the school to be under the direction of the governing body, but subject—

(a)to any provision of the articles conferring specific functions on a person other than the governing body, and

(b)to any provision (other than a provision of the articles) made by or under this Act or any other enactment.

131 Consultation with governing body not required in urgent cases.E+W

Regulations may make provision as to the circumstances in which, in any case where—

(a)any provision made by or under Chapter IV or this Chapter requires the governing body of a county, voluntary or maintained special school to be consulted before a particular step is taken by the local education authority or the head teacher, and

(b)the authority or head teacher require to take that step as a matter of urgency but are unable to contact the chairman or vice-chairman of the governing body,

the authority or (as the case may be) the head teacher may proceed without consulting the governing body.

132 Separate departments of school to be treated as separate schools.E+W

(1)Where a county, voluntary or maintained special school is organised in two or more separate departments, each with a head teacher, any provision made by or under this Act which confers functions on or in relation to the head teacher of the school shall have effect as if each department were a separate school.

(2)Subsection (1) does not apply where the school’s articles of government provide otherwise.

Annotations:

Modifications etc. (not altering text)

C21S. 132 excluded (26.5.1999) by S.I. 1999/1287, reg. 3(1)

s. 132 modified (temp. 26.5.1999 to immediately before 1.9.1999) by S.I. 1999/1287, reg. 3(2)

Staffing of schools without delegated budgetsE+W

F4133 Staffing of county, controlled, special agreement and maintained special schools without delegated budgets.E+W

(1)A county, controlled, special agreement or maintained special school shall have a complement of teaching and non-teaching posts determined by the local education authority.

(2)The complement shall include—

(a)all full-time teaching posts, and

(b)all part-time teaching posts which are to be filled by persons whose only employment with the authority will be at the school.

(3)The complement shall not include any staff employed by the authority solely in connection with either or both of the following—

(a)the provision of meals;

(b)the supervision of pupils at midday.

(4)Schedule 13 has effect in relation to the staffing of county, controlled, special agreement and maintained special schools.

(5)The appointment and dismissal of staff (including teachers) at a county, controlled, special agreement or maintained special school shall be under the control of the local education authority, subject to—

(a)any provision made by the articles of government for the school in accordance with Schedule 13,

(b)section 135 and any provision made by the articles of government in accordance with that section (appointment and dismissal of clerk to governing body),

(c)sections 143 and 144 (appointment and dismissal of teachers of religious education), and

(d)in the case of a school for which there is a temporary governing body, Schedule 19 (conduct and staffing of new schools).

(6)This section is subject to section 136 (staffing of county, controlled and special agreement schools with delegated budgets).

Annotations:

Amendments (Textual)

F4Ss. 133, 134, 136-140 amended (1.4.1999) by S.I. 1999/711, reg. 2, Sch. 1

F5134 Staffing of aided schools without delegated budgets.E+W

(1)In the case of an aided school the functions of the local education authority and of the governing body with respect to—

(a)the appointment of teachers, and

(b)subject to section 145 (dismissal of teachers of religious education), the dismissal of teachers,

shall be regulated by the articles of government.

(2)The articles of government shall make provision—

(a)for the appointment of the teachers by the governing body, and

(b)for enabling the local education authority to determine the number of teachers to be employed.

(3)The articles of government shall make provision for enabling the local education authority—

(a)to prohibit the dismissal of teachers without the authority’s consent, except for reasons for which under section 145 the governing body may dismiss a teacher without the authority’s consent; and

(b)to require the dismissal of any teacher.

(4)The articles of government may make such provision as may be agreed between the local education authority and the governing body or, in default of such agreement, as may be determined by the Secretary of State, for enabling the authority—

(a)to prohibit the appointment, without the authority’s consent, of teachers to be employed for giving secular education; and

(b)to give directions as to the educational qualifications of the teachers to be employed for giving secular education.

(5)The local education authority may give directions to the governing body of an aided school as to the number and conditions of service of persons employed at the school for the purposes of the care and maintenance of the school premises.

(6)Where the trust deed relating to the school provides for a person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control agreement under section 151) the use of those premises is or would be under the control of any such person, the reference in subsection (5) to the governing body shall be read as a reference to that person.

(7)This section is subject to section 137 (staffing of aided schools with delegated budgets).

Annotations:

Amendments (Textual)

F5Ss. 133, 134, 136-140 amended (1.4.1999) by S.I. 1999/711, reg. 2, Sch. 1

135 Appointment etc. of clerk to governing body of school other than aided school.E+W

(1)The articles of government for a county or maintained special school shall provide for the clerk to the governing body to be appointed by the local education authority in accordance with arrangements determined by them in consultation with the governing body.

(2)The clerk to the governing body of a controlled or special agreement school shall be appointed—

(a)where the articles of government make provision in relation to his appointment, in accordance with that provision, or

(b)where paragraph (a) does not apply, by the local education authority in accordance with arrangements determined by them in consultation with the governing body.

(3)Arrangements determined in respect of a school by virtue of subsection (1) or under subsection (2)(b) may be varied by the authority in consultation with the governing body.

(4)The articles of government for a county or maintained special school shall require the local education authority not to dismiss the clerk except in accordance with arrangements determined by them in consultation with the governing body.

(5)The clerk to the governing body of a controlled or special agreement school may not be dismissed except—

(a)where the articles of government make provision in relation to his dismissal, in accordance with that provision, or

(b)where paragraph (a) does not apply, in accordance with arrangements determined by the local education authority in consultation with the governing body.

(6)The articles of government for a county, controlled, special agreement or maintained special school shall require the local education authority to consider any representations made to them by the governing body as to the dismissal of their clerk.

(7)Subsections (1) to (6) are subject to section 136 (staffing of county, controlled, and special agreement schools with delegated budgets).

(8)The articles of government for a county, controlled, special agreement or maintained special school shall enable the governing body, where the clerk fails to attend a meeting of theirs, to appoint one of their number to act as clerk for the purposes of that meeting (but without prejudice to his position as a governor).

Staffing of schools with delegated budgetsE+W

136 Staffing of county, controlled and special agreement schools with delegated budgets.E+W

(1)This section applies to a county, controlled or special agreement school at any time when it has a delegated budget.

(2)None of the following shall apply in relation to the school—

(a)section 133 and Schedule 13,

(b)section 135(1) to (6), and

(c)any provision made by the articles of government for the school in accordance with Schedule 13 or section 135(1) to (6).

(3)Instead Schedule 14 has effect in relation to the staffing of the school, subject, however, to the provisions of sections 143 and 144 (appointment and dismissal of teachers of religious education).

Annotations:

Modifications etc. (not altering text)

C22Ss. 136-140 extended (1.4.1999) by S.I. 1999/711, reg. 4

Ss. 133, 134, 136-140 amended (1.4.1999) by S.I. 1999/711, reg. 2, Sch. 1

137 Staffing of aided schools with delegated budgets.E+W

(1)This section applies to an aided school at any time when it has a delegated budget.

(2)None of the following shall apply in relation to the school—

(a)any provision of the articles of government for the school conferring any functions on a local education authority with respect to the number, appointment or dismissal of teachers or other staff to be employed at the school (including any such provision which is required by section 134), and

(b)section 134(5).

(3)If, apart from any provision of the articles of government excluded by subsection (2)(a) they would not otherwise have power to do so, the governing body may appoint, suspend and dismiss staff as they think fit.

(4)Subsection (3) has effect subject to any provision of the articles of government (other than one excluded by subsection (2)(a)).

(5)The governing body shall, on dismissing any member of the staff of the school employed by them, notify the local education authority in writing of the reasons for the dismissal.

(6)Paragraphs 23 to 28 of Schedule 14 apply in relation to the dismissal or withdrawal from the school of any member of the staff who is employed by the local education authority as they apply in relation to the dismissal or withdrawal from a county, controlled or special agreement school which has a delegated budget of a person employed to work at the school.

Annotations:

Modifications etc. (not altering text)

C23Ss. 133, 134, 136-140 amended (1.4.1999) by S.I. 1999/711, reg. 2, Sch. 1

138 Staffing of aided schools with delegated budgets: advisory rights of chief education officer.E+W

(1)Subsection (2) applies if, in the case of an aided school which has a delegated budget—

(a)the governing body of the school have agreed with the local education authority to accord to the authority’s chief education officer advisory rights in relation to the appointment or dismissal of teachers at the school, or

(b)in default of such agreement, the Secretary of State has determined that it would be appropriate that such advisory rights should be accorded to the chief education officer.

(2)During any period when the agreement or determination under subsection (1) is effective, the chief education officer, or an officer of the authority nominated by him, shall be entitled to attend all relevant proceedings of the governing body for the purpose of giving advice to the governing body.

For this purpose “relevant proceedings” means proceedings (including interviews) relating to any action to which the advisory rights accorded to the chief education officer extend.

(3)Advisory rights accorded by an agreement or determination under subsection (1) may relate to the appointment or dismissal, or both to the appointment and to the dismissal, either—

(a)of head teachers and deputy head teachers alone, or

(b)of all teachers at the school.

(4)The agreement of a governing body for the purposes of subsection (1)(a) must be given in writing and may only be withdrawn by notice in writing to the local education authority.

(5)A determination by the Secretary of State for the purposes of subsection (1)(b) may be withdrawn at any time (without prejudice to a further determination for those purposes).

Annotations:

Modifications etc. (not altering text)

C24Ss. 133, 134, 136-140 amended (1.4.1999) by S.I. 1999/711, reg. 2, Sch. 1

139 Staffing of schools with delegated budgets: payments in respect of dismissal, etc.E+W

(1)This section applies to a county or voluntary school at any time when it has a delegated budget.

(2)It shall be for the governing body to determine—

(a)whether any payment should be made by the local education authority in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school, and

(b)the amount of any such payment.

(3)Subsection (2) does not, however, apply in relation to a payment which the authority are required to make—

(a)by virtue of any contract other than one made in contemplation of the impending dismissal or resignation of the member of staff concerned, or

(b)under any statutory provision.

(4)The local education authority—

(a)shall take such steps as may be required for giving effect to any determination of the governing body under subsection (2), and

(b)shall not make, or agree to make, a payment in relation to which that subsection applies except in accordance with such a determination.

(5)[F6Subject to subsection (5A),]Costs incurred by the local education authority in respect of the dismissal or premature retirement, or for the purpose of securing the resignation, of any member of the staff of the school shall not be met from the school’s budget share for any financial year except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share.

[F7(5A)Subsection (5) does not apply to costs incurred by the local education authority in respect of any premature retirement of a member of the staff of the school occurring on or after the date of the passing of the Education Act 1997; and such costs shall be met from the school’s budget share for one or more financial years except in so far as the authority agree with the governing body (whether before or after the retirement occurs) that they shall not be so met.

(5B)The agreement of the local education authority for the purposes of subsection (5A) must be given in writing on or after the date of the passing of that Act.]

(6)The fact that the authority have a policy precluding dismissal of their employees by reason of redundancy is not to be regarded as a good reason for the purposes of subsection (5).

(7)In subsection (6) the reference to dismissal by reason of redundancy shall be read in accordance with section 139 of the M21Employment Rights Act 1996.

Annotations:

Amendments (Textual)

F6Words in s. 139(5) inserted (21.3.1997) by 1997 c. 44, s. 50(2)(4)

F7S. 139(5A)(5B) inserted (21.3.1997) by 1997 c. 44, s. 50(3)(4)

Marginal Citations

140 Staffing for non-school activities in community schools.E+W

(1)This section applies to a county or voluntary school which has a delegated budget and is a community school.

(2)For the purposes of this section a school is a “community school” if—

(a)activities other than school activities (“non-school activities”) are carried on on the school premises, and

(b)all non-school activities which are so carried on are carried on under the management or control of the school’s governing body.

(3)A scheme such as is mentioned in section 101(1) may provide for applying sections 136(2), 137(6) and 139 and Schedule 14 in relation to persons employed to work—

(a)partly for the purposes of school activities and partly for the purposes of non-school activities carried on on the premises of a school to which this section applies, or

(b)solely for the purposes of non-school activities so carried on,

as if all activities so carried on were school activities.

Annotations:

Modifications etc. (not altering text)

C25Ss. 136, 140 extended (1.4.1999) by S.I. 1999/711, reg. 4

Ss. 133, 134, 136-140 amended (1.4.1999) by S.I. 1999/711, reg. 2, Sch. 1

141 Amendment of articles of government relating to staffing.E+W

(1)Within the period of five years beginning with the date on which begins the financial year in which a county or voluntary school first has a delegated budget under a scheme, the local education authority shall amend the school’s articles of government in accordance with this section.

(2)If the school is a county, controlled or special agreement school, the articles of government shall be amended so as to include a statement—

(a)specifying the provisions made by the articles in accordance with Schedule 13 or section 135(1) to (6), and

(b)indicating that those provisions are superseded by section 136 and Schedule 14 during any period when the school has a delegated budget.

(3)If the school is an aided school the articles of government shall be amended so as to include a statement—

(a)specifying the provisions of the articles which are within section 137(2)(a), and

(b)indicating that those provisions are superseded by sections 137 and 138 during any period when the school has a delegated budget.

(4)An amendment under this section shall be made by order under section 127; but section 128 shall not apply in relation to an order made under section 127 by virtue of this section.

142 Application of provisions to maintained special schools.E+W

Section 120(4) confers power on the Secretary of State to make in any of the following, namely—

(a)sections 136 to 141,

(b)Schedule 14, and

(c)paragraphs 2 and 18 to 24 of Schedule 19,

amendments appearing to him to be required in consequence of any provision made in regulations under section 120(1) (application of schemes to maintained special schools).

Appointment and dismissal of teachers of religious educationE+W

143 Appointment etc. of reserved teachers in controlled schools.E+W

(1)Where the number of the teaching staff of a controlled school is more than two, the teaching staff shall include persons who—

(a)are selected for their fitness and competence to give such religious education as is required in accordance with arrangements under section 377(2) (arrangements for religious education in accordance with the school’s trust deed or with the practice observed before the school became a controlled school), and

(b)are specifically appointed to do so.

(2)In this Chapter “reserved teacher”, in relation to a controlled school, means a person employed at the school in pursuance of subsection (1).

(3)The number of reserved teachers in a controlled school shall not exceed one-fifth of the number of the teaching staff, including the head teacher (and for this purpose, where the number of the teaching staff is not a multiple of five, it shall be treated as if it were the next higher multiple of five).

(4)The head teacher of a controlled school shall not, while holding the post of head teacher of such a school, be a reserved teacher.

(5)Where the local education authority propose to appoint a person to be a reserved teacher in a controlled school, the authority—

(a)shall consult the foundation governors, and

(b)shall not so appoint that person unless the foundation governors are satisfied as to his fitness and competence to give such religious education as is mentioned in subsection (1)(a).

(6)If the foundation governors of a controlled school consider that a reserved teacher has failed to give such religious education efficiently and suitably, they may require the local education authority to dismiss him from employment as a reserved teacher in the school.

(7)In subsection (5) “foundation governor” includes a temporary foundation governor.

144 Appointment etc. of reserved teachers in special agreement schools.E+W

(1)In this Chapter “reserved teacher”, in relation to a special agreement school, means a person who in pursuance of provision made in the special agreement is employed to give 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 any such deed) in accordance with the practice observed in the school before it became a voluntary school.

(2)Where the special agreement made with respect to a special agreement school provides for the employment of reserved teachers and the local education authority propose to appoint a person to be a reserved teacher in the school, the authority—

(a)shall consult the foundation governors, and

(b)shall not appoint that person unless the foundation governors are satisfied as to his fitness and competence to give such religious education as is mentioned in subsection (1).

(3)If the foundation governors of a special agreement school consider that a reserved teacher has failed to give such religious education efficiently and suitably, they may require the local education authority to dismiss him from employment as a reserved teacher in the school.

(4)In subsection (2) “foundation governor” includes a temporary foundation governor.

145 Dismissal of teachers of religious education in aided schools.E+W

If a teacher appointed to give religious education in an aided school (other than education in accordance with an agreed syllabus) fails to give such education efficiently and suitably, he may be dismissed on that ground by the governing body without the consent of the local education authority.

Religious opinions of staff etc.E+W

146 Religious opinions of staff etc.E+W

(1)No person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship—

(a)from being a teacher in a county school or from being a teacher (other than a reserved teacher) in a controlled or special agreement school, or

(b)from being employed (otherwise than as a teacher) for the purposes of a county or voluntary school.

(2)No teacher in a county school, and no teacher (other than a reserved teacher) in a controlled or special agreement school, shall be required to give religious education.

(3)No teacher in a county school, and no teacher (other than a reserved teacher) in a controlled or special agreement school, shall receive any less emolument or be deprived of, or disqualified for, any promotion or other advantage—

(a)by reason of the fact that he does or does not give religious education, or

(b)by reason of his religious opinions or of his attending or omitting to attend religious worship.

(4)No teacher in an aided school, and no reserved teacher in a controlled or special agreement school, shall receive any less emolument or be deprived of, or disqualified for, any promotion or other advantage—

(a)by reason of the fact that he gives religious education, or

(b)by reason of his religious opinions or of his attending religious worship.

School terms, holidays and sessionsE+W

147 Responsibility for determining dates of terms and holidays and times of sessions.E+W

(1)In the case of a county, controlled or maintained special school—

(a)the articles of government shall require the local education authority to determine the dates when the school terms and holidays are to begin and end; and

(b)the governing body shall determine the times of the school sessions.

(2)In the case of an aided or a special agreement school the articles of government shall require the governing body to determine—

(a)the dates and times when the school terms and holidays are to begin and end, and

(b)the times of the school sessions.

(3)In this section and section 148 “the times of the school sessions” means the times at which each of the school sessions (or, if there is only one, the school session) is to begin and end on any day.

148 Procedure for changing times of sessions at a county, controlled or maintained special school.E+W

(1)Where the governing body of a county, controlled or maintained special school propose to make any change in the times of the school sessions, they shall—

(a)before taking any of the actions mentioned in paragraphs (b) to (h), consult the local education authority and the head teacher;

(b)prepare a statement—

(i)indicating that they propose to make a change in those times,

(ii)specifying the proposed change and when they propose that it should take effect,

(iii)drawing attention to any comment on the proposal included as an annex to the statement by virtue of paragraph (c) and including such response to the comment as they may consider appropriate, and

(iv)giving details of the date, time and place of the meeting which they are required to hold by virtue of paragraph (f);

(c)if so required by the local education authority, include as an annex to that statement such written comment on the proposal as the authority may provide for that purpose;

(d)produce that statement and any annex in such language or languages (in addition to English), if any, as they consider appropriate or as the local education authority may direct;

(e)take such steps as are reasonably practicable to secure—

(i)that the parents of all registered pupils at the school are given (free of charge) a copy of the statement and any annex not less than two weeks before the meeting which the governing body are required to hold by virtue of paragraph (f), and

(ii)that copies of the statement and any annex are available for inspection (at all reasonable times and free of charge) at the school during the two-week period immediately preceding that meeting;

(f)provide an opportunity for discussion of the proposal at a meeting which is open to —

(i)all parents of registered pupils at the school,

(ii)the head teacher, and

(iii)such other persons as the governing body may invite;

(g)consider any comments made at the meeting on the proposal before determining whether any change in those times should be made and (if so) whether the proposal should be implemented with or without any modification; and

(h)not less than three months before any change in those times is to take effect—

(i)inform the local education authority of the change and of when it is to take effect, and

(ii)take such steps as are reasonably practicable to secure that the parents of all registered pupils at the school are so informed.

(2)No change in the times of a school session shall be made under this section so as to take effect otherwise than at the beginning of a school year.

(3)The proceedings at any meeting required to be held by virtue of subsection (1)(f) shall be under the control of the governing body.

(4)Any question whether any person is to be treated for the purposes of this section as the parent of a registered pupil at the school shall be determined by the local education authority.

(5)Section 147(3) applies for the purposes of this section.

Control of school premisesE+W

149 County and maintained special schools: control of use of premises outside school hours.E+W

(1)The articles of government for every county and maintained special school shall provide—

(a)for the use of the school premises outside school hours to be under the control of the governing body except to the extent provided by any transfer of control agreement into which they may enter by virtue of paragraph (c);

(b)for the governing body in exercising control of the use of the school premises outside school hours—

(i)to comply with any directions given to them by the local education authority by virtue of this sub-paragraph; and

(ii)to have regard to the desirability of the premises being made available for community use;

(c)for the governing body to have power to enter into a transfer of control agreement if their purpose, or one of their purposes, in doing so is to promote community use of the school premises outside school hours; and

(d)for the governing body, where they enter into a transfer of control agreement, to secure so far as reasonably practicable that the controlling body exercises control in accordance with any directions given to the governing body by virtue of paragraph (b)(i).

(2)A transfer of control agreement shall be taken to include the following terms, namely—

(a)that the governing body shall notify the controlling body of any directions given to the governing body by virtue of subsection (1)(b)(i);

(b)that the controlling body, in exercising control of the use of any premises subject to the agreement—

(i)shall do so in accordance with any directions from time to time notified to that body in pursuance of paragraph (a) above; and

(ii)shall have regard to the desirability of the premises being made available for community use outside school hours; and

(c)that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then—

(i)the use of the specified premises at those times shall be under the control of the governing body, and

(ii)accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,

even though their use at those times would, apart from this paragraph, be under the control of the controlling body.

(3)Subsection (4) applies where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement.

(4)In such a case paragraph (c) of subsection (2) shall not have effect in relation to the transfer of control agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.

(5)In this section—

150 Voluntary schools: control of use of premises.E+W

(1)The occupation and use of the premises of a voluntary school shall be under the control of the governing body, subject to—

(a)any directions given by the local education authority under subsection (2) (in the case of a controlled school) or section 152(3) (in the case of an aided or special agreement school);

(b)any transfer of control agreement entered into by the governing body under section 151; and

(c)any requirements of an enactment other than this Act or regulations made under it.

(2)The local education authority may give such directions as to the occupation and use of the premises of a controlled school as they think fit, subject to section 152(1) and (2).

(3)Where the trust deed for a voluntary school provides for any person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control agreement made under section 151) the use of those premises is or would be under the control of such a person—

(a)this section, and

(b)sections 151 and 152,

shall have effect in relation to the school with the substitution of references to that person for references to the governing body.

151 Voluntary schools: transfer of control agreements.E+W

(1)Subject to subsection (2), the governing body of any voluntary school shall have power to enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the school premises; and—

(a)they may do so even though the trust deed for the school would, apart from this subsection, expressly or impliedly preclude them from entering into such an agreement with that body or person or from conferring control on the controlling body in question; but

(b)they shall not enter into a transfer of control agreement unless the use to which the premises may be put under the agreement is in all other respects in conformity with any such requirements, prohibitions or restrictions imposed by the trust deed as would apply if control were being exercised by the governing body.

(2)The governing body shall not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the school premises during school hours unless they have first obtained the local education authority’s consent to the agreement in so far as it makes such provision.

(3)A transfer of control agreement shall be taken to include the following terms, namely—

(a)that the governing body shall notify the controlling body of—

(i)any directions given to the governing body under section 150(2) (in the case of a controlled school) or section 152(3) (in the case of an aided or special agreement school); and

(ii)any determination made by the foundation governors under section 152(2) (in the case of a controlled school);

(b)that the controlling body, in exercising control of the use of any premises subject to the agreement—

(i)shall do so in accordance with any directions or determinations from time to time notified to that body in pursuance of paragraph (a); and

(ii)shall have regard to the desirability of the premises being made available for community use; and

(c)that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then—

(i)the use of the specified premises at those times shall be under the control of the governing body, and

(ii)accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,

even though their use at those times would, apart from this paragraph, be under the control of the controlling body.

(4)Subsection (5) applies where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement.

(5)In such a case paragraph (c) of subsection (3) shall not have effect in relation to the transfer of control agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.

(6)Where the governing body enter into a transfer of control agreement, they shall so far as reasonably practicable secure that the controlling body exercises control in accordance with any such directions or determinations as are notified to that body in pursuance of subsection (3)(a).

(7)In this section—

(8)Section 150(3) applies for the purposes of this section.

152 Voluntary schools: use of premises outside school hours.E+W

(1)The governing body may determine the use to which the premises of a controlled school (or any part of them) are put on Saturdays when not required—

(a)for the purposes of the school, or

(b)for any purpose connected with education or with the welfare of the young for which the local education authority desire to provide accommodation on the premises (or on the part in question).

(2)The foundation governors may determine the use to which the premises of a controlled school (or any part of them) are put on Sundays.

(3)If the local education authority—

(a)desire to provide accommodation for any purpose connected with education or with the welfare of the young, and

(b)are satisfied that there is no suitable alternative accommodation in their area for that purpose,

they may direct the governing body of an aided or special agreement school to provide accommodation free of charge for that purpose on the school premises (or any part of them) on any weekday when not needed for the purposes of the school.

(4)The local education authority shall not exercise their power under subsection (3) so as to direct the governing body to provide accommodation on more than three days in any week.

(5)Section 150(3) applies for the purposes of this section.

Instruction or training outside school premisesE+W

153 Instruction or training outside school premises.E+W

The articles of government for a county, voluntary or maintained special school shall enable the governing body to require pupils in attendance at the school to attend at any place outside the school premises for the purpose of receiving any instruction or training included in the secular curriculum for the school.

Discipline: generalE+W

154 Responsibility of governing body and head teacher for discipline.E+W

(1)The articles of government for a county, voluntary or maintained special school shall make provision for the matters set out in subsections (2) to (6).

(2)The standard of behaviour which is to be regarded as acceptable at the school shall be determined by the head teacher, so far as it is not determined by the governing body.

(3)The head teacher shall determine measures (which may include the making of rules and provision for enforcing them) to be taken with a view to—

(a)promoting, among pupils, self-discipline and proper regard for authority,

(b)encouraging good behaviour and respect for others on the part of pupils,

(c)securing that the standard of behaviour of pupils is acceptable, and

(d)otherwise regulating the conduct of pupils.

(4)The head teacher shall, in determining any such measures—

(a)act in accordance with any written statement of general principles provided for him by the governing body, and

(b)have regard to any guidance that they may offer in relation to particular matters.

(5)The head teacher shall make any such measures generally known within the school.

(6)The governing body and the head teacher shall, before any such measures are determined, consult the local education authority on any matter arising from the proposed measures which can reasonably be expected—

(a)to lead to increased expenditure by the authority, or

(b)to affect the responsibilities of the authority as an employer.

155 LEA’s reserve power to prevent a breakdown of discipline.E+W

(1)The local education authority may, in the circumstances mentioned in subsection (3), take such steps in relation to a county, controlled or maintained special school as they consider are required to prevent the breakdown, or continuing breakdown, of discipline at the school.

(2)The governing body and the head teacher of an aided or a special agreement school shall, in the circumstances mentioned in subsection (3), consider any representations made to them by the local education authority.

(3)The circumstances are that—

(a)in the opinion of the authority—

(i)the behaviour of registered pupils at the school, or

(ii)any action taken by such pupils or their parents,

is such that the education of any registered pupils at the school is (or is likely in the immediate future to become) severely prejudiced; and

(b)the governing body have been informed in writing of the authority’s opinion.

(4)Steps taken by a local education authority under subsection (1) may include the giving of any direction to the governing body or head teacher.

156 Power of head teacher to exclude pupils.E+W

(1)The articles of government for a county, voluntary or maintained special school shall provide for the power to exclude a pupil from the school (whether by suspension, expulsion or otherwise) to be exercisable only by the head teacher.

(2)The head teacher of any such school may not—

(a)so exercise the power to exclude a pupil from the school for one or more fixed periods that the pupil is so excluded for more than 15 school days in any one term, or

(b)exclude a pupil from the school for an indefinite period;

but this subsection is without prejudice to the power to exclude a pupil from the school permanently.

(3)Subsection (2) has effect, in the case of a school having articles of government, despite anything in the articles.

157 Exclusion of pupils: duty to inform parents etc.E+W

(1)The head teacher of a county, voluntary or maintained special school shall have the following duties in relation to the exclusion of pupils from the school.

(2)Where the head teacher excludes any pupil, the head teacher shall (without delay) take reasonable steps to inform the relevant person—

(a)of the period of the exclusion (or, if the pupil is being permanently excluded, that he is being so excluded); and

(b)of the reasons for the exclusion; and

(c)that the relevant person may make representations about the exclusion to the governing body and the local education authority.

(3)Where the head teacher excludes any pupil in circumstances in which the pupil would, as a result of the exclusion—

(a)be excluded from the school for a total of more than five school days in any one term, or

(b)lose an opportunity to take any public examination,

the head teacher shall (without delay) inform the local education authority and the governing body of the period of the exclusion (or, if the pupil is being permanently excluded, that he is being so excluded) and of the reasons for it.

(4)Where the head teacher decides that any exclusion of a pupil for a fixed period should be made permanent, he shall (without delay)—

(a)inform the local education authority and the governing body of his decision and of the reasons for it, and

(b)take reasonable steps to inform the relevant person—

(i)of his decision and of the reasons for it, and

(ii)that that person may make representations about the decision to the governing body and the local education authority.

(5)In this section “the relevant person” means—

(a)in relation to a pupil under the age of 18, a parent of his;

(b)in relation to a pupil who has attained that age, the pupil himself.

158 Reinstatement of excluded pupils.E+W

Schedule 15 has effect in relation to the reinstatement of pupils excluded from county, voluntary or maintained special schools.

159 Appeals against exclusion or reinstatement of pupils.E+W

(1)A local education authority shall make arrangements—

(a)for enabling the relevant person to appeal against any decision not to reinstate a registered pupil who has been permanently excluded from a county, controlled or special school maintained by the authority, and

(b)for enabling the governing body of the school to appeal against any direction for the reinstatement of any such pupil which has been given to the head teacher of the school by the authority.

(2)The governing body of an aided or a special agreement school shall make arrangements for enabling the relevant person to appeal against any decision not to reinstate a registered pupil who has been permanently excluded from the school.

(3)Joint arrangements may be made under subsection (2) by the governing bodies of two or more aided or special agreement schools maintained by the same local education authority.

(4)Schedule 16 has effect in relation to the making and hearing of appeals pursuant to arrangements made under subsection (1) or (2); and in subsections (5) and (6) “appeal committee” means an appeal committee constituted in accordance with Part I of Schedule 33 (school admission appeals), as it applies in accordance with paragraph 4 of Schedule 16.

(5)The decision of an appeal committee on an appeal pursuant to arrangements made under subsection (1) or (2) shall be binding on the persons concerned.

(6)Where on such an appeal the appeal committee determines that the pupil in question should be reinstated, the committee shall either direct that he is to be reinstated immediately or direct that he is to be reinstated by a date specified in the direction.

(7)In this section “the relevant person” means—

(a)in relation to a pupil who is under the age of 18, a parent of his;

(b)in relation to a pupil who has attained that age, the pupil himself.

160 Additional provision for appeals against exclusion of pupils.E+W

(1)Where the articles of government for a county, voluntary or maintained special school provide—

(a)for the parents of an excluded pupil to have the right to appeal against his exclusion to a person specified by the articles, and

(b)for the procedure to be followed on such an appeal,

any decision on such an appeal that the pupil should be reinstated, or that he should be reinstated earlier than would otherwise be the case, shall be binding on the head teacher.

(2)In subsection (1) “excluded pupil” means a pupil who is excluded from the school in circumstances in which no right of appeal is given by virtue of section 159.

Reports, meetings and informationE+W

161 Governors’ annual reports.E+W

(1)The articles of government for a county, voluntary or maintained special school shall require the governing body to prepare once in every school year a report (referred to in this Chapter as “the governors’ report”) containing—

(a)a summary of the steps taken by the governing body in the discharge of their functions during the period since their last governors’ report, and

(b)such other information as the articles may require.

(2)Schedule 17 has effect in relation to governors’ reports.

(3)The articles of government shall—

(a)enable the governing body to produce the governors’ report in such language or languages (in addition to English) as they consider appropriate, and

(b)require them to produce it in such language or languages (in addition to English and any other language in which they propose to produce it) as the local education authority may direct.

(4)The articles of government shall require the governing body to take such steps as are reasonably practicable to secure—

(a)that the parents of all registered pupils at the school and all persons employed at the school are given (free of charge) a copy of the governors’ report;

(b)that copies of the report are available for inspection (at all reasonable times and free of charge) at the school; and

(c)that, where (by virtue of section 162) there is an obligation on the governing body to hold an annual parents’ meeting, copies of the report to be considered at that meeting are given to parents not less than two weeks before that meeting.

162 Annual parents’ meetings.E+W

(1)Subject to section 163 (special schools in hospitals and boarding schools), the articles of government for a county, voluntary or maintained special school shall require the governing body to hold a meeting once in every school year (referred to in this Chapter as an “annual parents’ meeting”) which is open to—

(a)all parents of registered pupils at the school;

(b)the head teacher; and

(c)such other persons as the governing body may invite.

(2)The purpose of the meeting shall be to provide an opportunity for discussion of—

(a)the governors’ report; and

(b)the discharge by the governing body, the head teacher and the local education authority of their functions in relation to the school.

(3)Schedule 18 has effect in relation to annual parents’ meetings.

163 No annual parents’ meeting required in case of certain special and boarding schools.E+W

(1)The articles of government for a maintained special school which is established in a hospital shall provide that, where the governing body are of the opinion that it would be impracticable to hold an annual parents’ meeting in a particular school year, they may refrain from holding such a meeting in that year.

(2)Where, in the case of a county, voluntary school or maintained special school (other than a special school established in a hospital), the proportion of registered pupils at the school who are boarders is, or is likely to be, at least 50 per cent., the articles of government for the school shall provide that, where—

(a)the governing body are of the opinion that it would be impracticable to hold an annual parents’ meeting in a particular school year, and

(b)at least 50 per cent. of the registered pupils at the school are boarders at the time when they form that opinion,

they may refrain from holding such a meeting in that year.

164 Governors’ reports and annual parents’ meetings for grouped schools.E+W

(1)This section applies where two or more schools are grouped under section 89.

(2)In discharging their duty (by virtue of section 161) to prepare governors’ reports, the governing body for the group shall prepare separate reports in relation to each of the schools within the group, except that if they decide to hold a joint annual parents’ meeting under subsection (4) they may prepare a single report covering all the schools within the group.

(3)If the governing body prepare a single report covering all the schools within the group, they shall secure that any matters which they propose to report on and which are likely to be mainly of interest to the parents of registered pupils at a particular school within the group are treated separately in the report.

(4)In discharging their duty (by virtue of section 162) to hold an annual parents’ meeting for any grouped school, the governing body may, if they think fit, hold a joint annual parents’ meeting for all of the schools within the group.

(5)Where—

(a)a joint annual parents’ meeting is held, and

(b)the governing body have prepared a separate governors’ report in relation to each of the schools within the group,

the governing body shall, when discharging the duty imposed on them by virtue of section 161(4), attach to the report prepared in relation to a particular school within the group copies of the reports prepared for each of the other schools within it.

(6)Where at a joint annual parents’ meeting the question is put on any proposed resolution which concerns one or more, but not all, of the schools within the group—

(a)only parents of registered pupils at the school or schools which the proposed resolution concerns may vote on the question; and

(b)the registered pupils at the other schools shall be disregarded for the purposes of any provision made by virtue of paragraph 2 of Schedule 18 (resolution may be passed by simple majority where required number of parents of registered pupils present) as it applies in relation to the proposed resolution.

(7)Where at a joint annual parents’ meeting there is any disagreement as to which schools within the group a proposed resolution concerns, the matter shall be decided by the chairman of the governing body.

165 Provision of information by governing body and head teacher.E+W

(1)The articles of government for a county, voluntary or maintained special school shall provide—

(a)for the governing body to provide the local education authority with such reports in connection with the discharge of their functions as the authority may require (either on a regular basis or from time to time); and

(b)for the head teacher to provide the governing body or (as the case may be) the local education authority with such reports in connection with the discharge of his functions as the governing body or the authority may so require.

(2)The articles of government for an aided school shall provide—

(a)for the local education authority to notify the governing body of any requirement of a kind mentioned in subsection (1)(b) which is imposed by them on the head teacher; and

(b)for the head teacher to provide the governing body with a copy of any report which he makes in complying with such a requirement.

New schoolsE+W

166 Conduct and staffing of new schools.E+W

Schedule 19 has effect in relation to the conduct and staffing of new schools.

Chapter VIIE+W Discontinuance of local education authority schools

Procedure for discontinuance of county, voluntary or maintained nursery school by local education authorityE+W

167 Proposals for discontinuance of a county, voluntary or nursery school.E+W

(1)Where a local education authority intend to cease to maintain—

(a)a county school,

(b)a voluntary school (except in accordance with section 173(7)), or

(c)a nursery school,

then (subject to subsection (6)) they shall publish proposals for that purpose in such manner as may be required by regulations and submit a copy of the published proposals to the Secretary of State.

(2)Proposals published under this section—

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

(b)shall be accompanied by a statement of the effect of section 168.

(3)Before formulating any such proposals in respect of a county or voluntary school, a local education authority shall consult the school’s governing body.

(4)Before publishing any proposals under this section the local education authority shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the authority shall have regard to any guidance given from time to time by the Secretary of State.

(5)Before publishing any proposals under subsection (1)(a) or (b) which (if implemented) would affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, the local education authority shall consult the appropriate further education funding council.

(6)No proposals shall be published under this section in respect of a school in respect of which proposals for acquisition of grant-maintained status have been approved under section 194.

168 Objections to proposals.E+W

(1)Objections to any proposals published by a local education authority under section 167 may be submitted to the authority by any of the following—

(a)any ten or more local government electors for the authority’s area,

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

(c)the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the M22Further and Higher Education Act 1992 applies), and

(d)any other local education authority concerned.

(2)Objections may be so submitted within the period of two months after the first publication of the proposals.

(3)Where—

(a)an order under section 27 applies to the area of a local education authority, and

(b)the authority publish proposals under section 167 which affect the provision of relevant education in that area,

the funding authority shall be included among the persons who may submit objections under subsection (1) to the proposals.

(4)Within one month after the end of the period mentioned in subsection (2), the local education authority by whom the proposals were published shall transmit to the Secretary of State copies of all objections made (and not withdrawn in writing) in that period, together with the authority’s observations on them.

(5)For the purposes of this section proposals under section 167 shall be taken to have been first published—

(a)on the day on which the requirements of regulations with respect to the publication of the proposals are satisfied; or

(b)where different such requirements are satisfied on different days, on the last of those days.

(6)Where any such requirement imposes a continuing obligation with respect to the publication of any proposals, the requirement shall for the purposes of subsection (5) be taken to be satisfied on the first day in respect of which it is satisfied.

Annotations:

Marginal Citations

169 Approval or rejection by Secretary of State of proposals under section 167.E+W

(1)Proposals published by a local education authority under section 167 require the approval of the Secretary of State if subsection (2), (3) or (4) applies.

(2)This subsection applies if the proposals are for ceasing to maintain a voluntary school.

(3)This subsection applies if either—

(a)the Secretary of State, within the period of two months after the submission to him of the published proposals, gives notice to the authority that the proposals require his approval, or

(b)objections have been made under section 168 and any of them have not been withdrawn in writing within the period specified in section 168(2).

(4)This subsection applies if either—

(a)the proposals are first published after proposals for acquisition of grant-maintained status for the school have been published under section 193 but before those proposals are withdrawn or determined, or

(b)after the proposals have first been published but before they are withdrawn or determined, proposals for acquisition of grant-maintained status for the school are published under section 193;

and references in this subsection to proposals being first published shall be construed in accordance with section 168(5) and (6).

(5)Where any proposals require the approval of the Secretary of State under this section, he may (subject to subsection (6))—

(a)reject them,

(b)approve them without modification, or

(c)after consulting the local education authority, approve them with such modifications as he thinks desirable.

(6)In a case where subsection (4) applies, the Secretary of State—

(a)shall consider both sets of proposals together, but

(b)shall not determine the proposals published under section 167 until he has made his determination with respect to the proposals published under section 193,

and, if he approves the proposals published under section 193, he shall reject the proposals published under section 167.

170 Determination by local education authority whether to implement proposals.E+W

(1)Where any proposals published by a local education authority under section 167 do not require the approval of the Secretary of State under section 169, the authority shall determine whether they should be implemented.

(2)The determination must be made not later than four months after the submission of the proposals to the Secretary of State under section 167.

(3)A local education authority shall notify the Secretary of State of any determination made by them under this section.

171 Duty to implement proposals.E+W

(1)Subject to subsection (2), a local education authority shall implement any proposals of theirs—

(a)which have been approved by the Secretary of State under section 169, or

(b)which they have determined under section 170 to implement.

(2)The Secretary of State may, at the request of a local education authority, modify any proposals which the authority are required to implement by virtue of this section.

172 Restriction on taking steps before sections 167 and 169 have been complied with.E+W

(1)Subject to subsection (2), a local education authority shall not—

(a)cease to maintain a county school, a voluntary school (except in accordance with section 173(7)) or a nursery school, or

(b)undertake to do anything towards that end,

until the requirements of section 167 have been complied with and any approval necessary under section 169 has been given.

(2)The Secretary of State may in any case allow such steps to be taken pending compliance with any such requirements and the giving of any such approval as he considers reasonable in the circumstances.

Discontinuance of voluntary school by governing bodyE+W

173 Discontinuance of a voluntary school by its governing body.E+W

(1)The governing body of a voluntary school shall not discontinue the school unless they have served on the Secretary of State and the local education authority at least two years’ notice of their intention to do so.

(2)If expenditure has been incurred on the school premises (otherwise than in connection with repairs)—

(a)by the Secretary of State,

(b)by any local education authority, or

(c)by an authority which was a local education authority within the meaning of any enactment repealed by the M23Education Act 1944 or an earlier Act,

no notice may be served without leave of the Secretary of State.

(3)If the Secretary of State gives such leave, he may impose any requirements that he thinks just—

(a)in respect of the repayment of all or part of any expenditure so incurred by him;

(b)in respect of the conveyance to the local education authority of any premises used for the purposes of the school which he is satisfied the authority will need for any purpose connected with education;

(c)(where any premises are to be so conveyed) in respect of the payment by the authority of so much of the value of those premises as is just having regard to the extent to which the premises were provided otherwise than at the expense of the authority or of an authority within subsection (2)(c);

(d)(where any premises used for the purposes of the school are not to be so conveyed) in respect of the payment by the governing body to the authority of so much of the value of those premises as is just having regard to the extent to which they were provided at the expense of the authority or of an authority within subsection (2)(c).

(4)If discontinuing the school would affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, the governing body shall, before serving notice under this section, consult the appropriate further education funding council.

(5)No notice may be served under this section in respect of any school in respect of which the procedure for acquisition of grant-maintained status is pending (within the meaning of Chapter III of Part III).

(6)A notice served under this section may not be withdrawn without the consent of the local education authority.

(7)Where a school is discontinued in accordance with this section, the duty of the local education authority to maintain it as a voluntary school shall cease.

(8)This section and section 174 have effect subject to section 175(2).

Annotations:

Marginal Citations

174 Conduct by local education authority of a voluntary school which is subject to notice of discontinuance.E+W

(1)If, while a notice under section 173 is in force in respect of a voluntary school, the governing body inform the local education authority that they are unable or unwilling to carry on the school until the notice expires, the authority—

(a)may conduct the school for all or part of the unexpired period of the notice as if it were a county school, and

(b)shall be entitled to use the school premises free of charge for that purpose.

(2)While the school is being so conducted—

(a)the authority shall keep the school premises in good repair, and

(b)any interest in the premises which is held for the purposes of the school shall be deemed, for all purposes relating to the condition, occupation or use of the premises, or the making of alterations to them, to be vested in the authority.

(3)Despite the provisions of subsection (2), the governing body may use the premises, or any part of them, when not required for the purposes of the school to the same extent as if they had continued to carry on the school during the unexpired period of the notice.

175 Discontinuance of voluntary school in consequence of proposal to establish a further education corporation.E+W

(1)This section applies where—

(a)the governing body of a voluntary school intend to discontinue the school; and

(b)the intention arises in connection with a proposal by—

(i)a further education funding council, or

(ii)the Secretary of State,

for the establishment under section 16 of the M24Further and Higher Education Act 1992 of a further education corporation to conduct an educational institution in the same area.

(2)Where this section applies—

(a)sections 173 and 174 shall not apply;

(b)sections 41, 42, 43 and 45(1) and (4) to (6) shall apply as they would if the intention of the governing body were to make a significant change in the character of the school; and

(c)if the school is discontinued the duty of the local education authority to maintain the school as a voluntary school shall cease.

Annotations:

Marginal Citations

Chapter VIIIE+W Miscellaneous and supplementary provisions

Further educationE+W

176 Provision of further education.E+W

(1)The governing body of any county, voluntary or maintained special school shall be responsible for determining whether or not to provide—

(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 19;

but the governing body of a maintained special school shall not determine to provide, or to cease to provide, such education without the consent of the local education authority.

(2)It shall be the duty of the governing body of any such school which provides such education to secure that, except in such circumstances as may be prescribed, such education is not provided at any time in a room where pupils are at that time being taught.

Teacher trainingE+W

177 Provision of courses of initial teacher training.E+W

(1)Section 12 of the M25Education Act 1994 confers power on the governing body of a county, voluntary or maintained special school—

(a)to provide courses of initial training for school teachers, or

(b)to join in a partnership or association with other eligible institutions, or (whether alone or jointly with other eligible institutions) to establish a body, for the purpose of providing such courses.

(2)In subsection (1) “eligible institution” has the meaning given by section 4(2) of that Act.

Annotations:

Marginal Citations

Modification of employment lawE+W

178 Application of employment law during financial delegation.E+W

(1)The Secretary of State may by order make such modifications in any enactment relating to employment, and in particular in any enactment—

(a)conferring powers or imposing duties on employers,

(b)conferring rights on employees, or

(c)otherwise regulating the relations between employers and employees,

as he considers necessary or expedient in consequence of the operation of any of the following provisions, namely, sections 136(2) and (3), 137(6) and 139(2) to (4), Schedule 14 and paragraphs 19 to 24 of Schedule 19.

(2)Before making any order under this section the Secretary of State shall consult—

(a)such associations of local authorities,

(b)such bodies representing the interests of governors of voluntary schools, and

(c)such organisations representing staff in schools required to be covered by schemes under section 103 (local education authority schemes for financing schools),

as appear to him to be concerned.

Modification of trust deeds and other instrumentsE+W

179 Variation of trust deeds etc. by order.E+W

(1)The Secretary of State may by order make such modifications of any trust deed or other instrument relating to a school as, after consultation with the governing body or other proprietor of the school, appear to him to be requisite in consequence of—

(a)any proposals falling to be implemented under section 40 or section 45 (establishment or alteration of a county or voluntary school);

(b)a transfer of the school to a new site in circumstances falling with section 35(2) or section 41(3);

(c)any order made by him under section 46 (establishment of a new voluntary school in substitution for an old one);

(d)any order made by him under section 47 (transfer of voluntary school to a new site); or

(e)any proposals falling to be implemented under section 171 (discontinuance of a county or voluntary school or maintained nursery school).

(2)Any modification made by an order under this section may be made so as to have permanent effect or to have effect for such period as may be specified in the order.

180 Modification of provisions whereby governors of voluntary schools are ex officio trustees.E+W

(1)Where a trust deed or other instrument made before 1st July 1981 contains a provision whereby the persons who are for the time being governors of a voluntary school are by virtue of their office trustees of any property held for the purposes of or in connection with the school, that provision shall have effect as if the only governors of the school were the foundation governors and the governors appointed by the local education authority and any minor authority.

(2)Subsection (1) is without prejudice to any power to amend any such provision as is mentioned in that subsection.

Interpretation of Part IIE+W

181 Meaning of expressions relating to new schools.E+W

(1)In this Part “new school” (without more) means a school or proposed school—

(a)which by virtue of section 96(1) or 97(1) is required to have a temporary governing body, or

(b)in respect of which the local education authority have power under section 96(3) or 97(2) to make an arrangement for the constitution of a temporary governing body.

(2)In this Part “relevant proposals”—

(a)in relation to a new school that will be a county or voluntary school, means the proposals falling within section 96(2) or 97(1) by reference to which it is a new school, and

(b)in relation to a new school that will be a maintained special school, means the proposals falling within section 96(2) by reference to which it is a new school.

(3)In this Part—

(a)temporary governing body” means a temporary governing body constituted for a new school under an arrangement made under section 96 or 97, and

(b)temporary governor” means a member of a temporary governing body (and references to a temporary governor of a particular category are to a member of a temporary governing body appointed to it as a member of that category).

182 Meaning of “governing body” and “governor” in Chapters IV to VI.E+W

In Chapters IV to VI, except where otherwise provided—

Part IIIE+W Grant-maintained schools

Chapter IE+W Preliminary

183“Grant-maintained schools”.E+W

(1)A school conducted by a governing body incorporated under this Part, Part II of the M26Education Act 1993 or Chapter IV of Part I of the M27Education Reform Act 1988 for the purpose of conducting the school shall be known as a grant-maintained school.

(2)A governing body may be incorporated under this Part—

(a)in pursuance of proposals for the purpose published under section 193 in relation to an existing school (referred to in this Part as “proposals for acquisition of grant-maintained status”),

(b)in pursuance of proposals for the purpose published under section 211 or 212 in connection with the establishment of a school (referred to in this Part as “proposals for the establishment of a new grant-maintained school”), or

(c)in pursuance of proposals for the purpose published under Chapter IX for two or more existing schools to be conducted as a group by a single governing body.

(3)A grant-maintained school must be either a secondary school or a primary school.

(4)Subject to the provisions of this Part, the funding authority shall pay to the governing body of each grant-maintained school such annual grants as may be required to be paid under Chapter VI.

Annotations:

Marginal Citations

Chapter IIE+W Procedure for acquisition of grant-maintained status

Annotations:

Modifications etc. (not altering text)

C26Pt. III Chapter II (ss. 184-200) modified (1.11.1996) by 1996 c. 57, ss. 37(3), 48(2)

EligibilityE+W

184 Schools eligible for grant-maintained status.E+W

(1)Subject to subsections (2) and (3) below, any county or voluntary school is for the purposes of this Part eligible for grant-maintained status.

(2)A county or voluntary school is not eligible for grant-maintained status if proposals by the local education authority to cease to maintain the school have been published under section 167 and either—

(a)the proposals have been approved by the Secretary of State under section 169, or

(b)where the proposals do not require the approval of the Secretary of State, the local education authority have determined to implement the proposals and notified the Secretary of State of their determination in accordance with section 170(3).

(3)A voluntary school is not eligible for grant-maintained status if—

(a)notice of the governing body’s intention to discontinue the school has been served under section 173 and has not been withdrawn, or

(b)proposals by the governing body to discontinue the school have been published under section 41 (as applied by section 175(2)(b)) and approved by the Secretary of State under section 43 (as so applied).

185 Duty of governing body to consider ballot on grant-maintained status.E+W

(1)The Secretary of State may by order provide for this section to apply to the governing bodies of all schools, or all schools in England or Wales, which are eligible for grant-maintained status.

(2)Where this section applies to a governing body of a school, they shall, at least once in every school year, consider whether to hold a ballot of parents on the question whether grant-maintained status should be sought for the school.

(3)Subsection (2) does not apply in respect of any school year if a ballot has been held in accordance with section 189 in the school year which precedes it.

(4)The annual report of any governing body to which this section applies shall include—

(a)a statement indicating that in the period since their last report the governing body have considered whether to hold a ballot of parents in pursuance of subsection (2) and giving—

(i)particulars of any decisions made by the governing body following such consideration and the date or dates on which they were made, and

(ii)if the governing body decided not to hold a ballot, an explanation of the reasons for that decision, or

(b)a statement indicating that in that period the governing body have not, for the reasons given in the statement, considered whether to hold a ballot of parents on the question of whether grant-maintained status should be sought for the school.

(5)In this section “annual report” means the report prepared under the articles of government for the school in accordance with section 161.

Initiation of procedureE+W

186 Initiation of procedure by governing body.E+W

(1)Where the governing body of a school which is eligible for grant-maintained status decide by a resolution passed at a meeting of that body to hold a ballot of parents on the question whether grant-maintained status should be sought for the school, they shall—

(a)secure that the ballot is held in accordance with section 189 within the period of 10 weeks beginning with the date of the resolution, and

(b)give notice in writing that the ballot is to be held—

(i)to the local education authority, and

(ii)if the school is a voluntary school, to any person holding property on trust for the purposes of the school.

(2)Notice under subsection (1)(b) must be given within the period of five days beginning with the date of the resolution; but in determining that period no account shall be taken of—

(a)Saturday, Sunday, Good Friday and Christmas Day, or

(b)any day which is a bank holiday in England and Wales.

(3)This section does not apply if in the case of the school in question a ballot has been held in accordance with section 189 within the period of 12 months ending with the date immediately preceding the date of the resolution, unless the Secretary of State gives consent in writing for a new ballot t be held.

Annotations:

Modifications etc. (not altering text)

C27S. 186 excluded (1.11.1996) by 1996 c. 57, ss. 26, 30(1), 48(2) (which ss. 26 and 30 were repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 200(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I

187 Initiation of procedure by parents.E+W

(1)This section applies where the governing body of a school which is eligible for grant-maintained status receive a written request to hold a ballot of parents on the question whether grant-maintained status should be sought for the school.

(2)A request under subsection (1) must be signed (or otherwise endorsed in such manner as the governing body may require) by a number of registered parents of registered pupils at the school equal to at least 20 per cent. of the number of registered pupils at the school; and in this subsection “registered” means shown in the register kept under section 434 as that register has effect on the date on which the request is received.

(3)The governing body shall—

(a)secure that the ballot is held in accordance with section 189 within the period of 10 weeks beginning with the date on which the request was received, and

(b)give notice in writing that the ballot is to be held—

(i)to the local education authority, and

(ii)if the school is a voluntary school, to any person holding property on trust for the purposes of the school.

(4)Notice under subsection (3)(b) must be given within the period of five days beginning with the date on which the request was received; but in determining that period no account shall be taken of—

(a)Saturday, Sunday, Good Friday and Christmas Day, or

(b)any day which is a bank holiday in England and Wales.

(5)Subsection (3) does not apply if in the case of the school in question a ballot has been held in accordance with section 189 within the period of 12 months ending with the date immediately preceding the date on which the request is received, unless the Secretary of State gives consent in writing for a new ballot to be held.

(6)A request under subsection (1) shall be taken to have been received by a governing body if given or sent to the chairman of the governing body or to the clerk to the governing body.

Annotations:

Modifications etc. (not altering text)

C28S. 187 excluded (1.11.1996) by 1996 c. 57, ss. 26,30, 48(2) (which ss. 26 and 30 were repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), SCh. 30 para. 200(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I

InformationE+W

188 Information as to parents of registered pupils.E+W

(1)Where any registered parent of a registered pupil at a school which is eligible for grant-maintained status so requests and subsection (2) applies, the governing body shall—

(a)make available to the parent for inspection at the school (at all reasonable times and free of charge) a list containing the name and address of every registered parent of a registered pupil at the school, and

(b)supply the parent with a copy of the list.

(2)This subsection applies if the request is made—

(a)in connection with any proposal that a ballot should be held in accordance with section 189, or

(b)where the governing body are under a duty by virtue of section 186, 187 or 191 to secure that a ballot is held, in connection with the holding of the ballot.

(3)A governing body shall not disclose to a parent under subsection (1) the name and address of any person who has requested the governing body in writing not to disclose that information under that subsection; and accordingly the name and address of that person shall be excluded from the list there mentioned.

(4)A governing body who in pursuance of subsection (1) supply copies of the list there mentioned may charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.

Ballot of parentsE+W

189 Ballot of parents.E+W

(1)Where the governing body of a school are under a duty by virtue of section 186 or 187 to secure that a ballot is held, they shall secure that all necessary arrangements for the ballot are made by such body as may be prescribed.

(2)The arrangements shall provide for a secret postal ballot.

(3)The governing body shall secure that the prescribed body take such steps as are reasonably practicable to secure that every person who is eligible to vote in the ballot is—

(a)given the prescribed information,

(b)informed that he is entitled to vote in the ballot, and

(c)given an opportunity to do so.

(4)The governing body shall make available to every person employed to work at the school for inspection at the school (at all reasonable times and free of charge) a document containing the information required by subsection (3)(a) to be given to persons eligible to vote in the ballot.

(5)In determining the arrangements they require to be made by the prescribed body, the governing body shall take into account any guidance given by the Secretary of State from time to time as to the arrangements he considers appropriate for ballots held in accordance with this section.

(6)The governing body may promote (otherwise than as part of the arrangements made for the ballot) the case for seeking grant-maintained status for the school and, in doing so, they shall take into account any guidance given by the Secretary of State as to the action he considers appropriate for the purpose.

190 Persons eligible to vote in ballot.E+W

(1)For the purposes of this Chapter, a person is eligible to vote in a ballot held in respect of a school in accordance with section 189 if he is a registered parent of a registered pupil at the school.

(2)In subsection (1) “registered” means shown in the register kept under section 434 as that register has effect on the date immediately following the end of the period of 14 days beginning with—

(a)the date on which the relevant resolution or request was passed or received by the governing body, or

(b)where the Secretary of State gives his consent for the purposes of section 186(3) or 187(5), the date on which he gives that consent.

(3)In subsection (2) “the relevant resolution or request” means the resolution under section 186, or request under section 187, by reference to which the ballot is required to be held (or, where the ballot is a second ballot held by virtue of section 191, by reference to which the first ballot was required to be held).

191 Second ballot to be held if insufficient votes cast.E+W

(1)Where in any ballot held in accordance with section 189 (other than one held by virtue of this section)—

(a)the total number of votes cast by persons eligible to vote is less than 50 per cent. of the number of persons eligible to vote, or

(b)the number of votes cast in favour is the same as the number of votes cast against,

the governing body shall secure that a second ballot is held within the period of 14 days beginning with the day after that on which the result of the first ballot is determined.

(2)In such a case—

(a)the result of the first ballot shall be disregarded for the purposes of section 193(1), and

(b)subject to the modifications mentioned in subsection (3), section 189 shall apply as it applies in a case where the governing body of a school are under a duty by virtue of section 186 or 187 to secure that a ballot is held.

(3)The modifications are—

(a)that section 189(3)(a) shall be omitted, and

(b)that section 189(4) shall be read as if the information there referred to were the information given for the purposes of the first ballot.

192 Power to declare ballot void for irregularity.E+W

(1)Subsection (2) applies where it appears to the Secretary of State—

(a)that any requirements of section 189 or 191 have been contravened in the case of a ballot held in purported compliance with section 189,

(b)that the arrangements for a ballot so held did not accord with any guidance given by him for the purposes of section 189,

(c)that a governing body have acted unreasonably in the discharge of their duties under section 189 or 191,

(d)that persons other than those eligible to do so have purported to vote in a ballot so held,

(e)that ballot papers returned for the purposes of a ballot so held have been marked by persons other than those to whom they were issued or those duly authorised to act on their behalf,

(f)that persons who were eligible to vote in a ballot so held have been prevented or hindered from doing so, or from doing so freely in accordance with their own opinions, by any other person, or

(g)that voting in a ballot so held is likely to have been influenced to a significant extent by the dissemination of information appearing to the Secretary of State to be to a material extent false or misleading.

(2)The Secretary of State may by notice in writing given to the governing body—

(a)declare the ballot void, and

(b)require that a fresh ballot be held in accordance with section 189 before such date as he may specify in the notice.

(3)Where—

(a)by a notice under subsection (2) the Secretary of State requires the fresh ballot to be held in the school year following that in which fell the date which was the effective date for the register used for the ballot he declares void, and

(b)the notice specifies a date for the purposes of this subsection,

section 190(1) shall have effect in relation to the fresh ballot as if “registered” meant shown in the register kept under section 434 as that register has effect on the date specified for the purposes of this subsection.

193 Publication of proposals.E+W

(1)Subsection (2) applies where the result of a ballot held in accordance with section 189 shows a simple majority of votes cast (by persons eligible to vote in the ballot) in favour of seeking grant-maintained status for the school.

(2)Before the end of the period of four months beginning with the date on which the result of the ballot is determined, the governing body shall—

(a)publish proposals for acquisition of grant-maintained status for the school in accordance with any provisions made by or under paragraph 1 of Schedule 20,

(b)publish any notice in respect of the proposals for the time being required by any such provisions, and

(c)submit to the Secretary of State a copy of the published proposals.

(3)References in this Part to proposals published under this section are, in any case where the Secretary of State has modified such proposals in pursuance of this Part, references to the proposals as so modified.

(4)For the purposes of this Part, proposals published under this section shall be regarded as pending in respect of a school until either the proposals are withdrawn or the Secretary of State makes his determination in respect of them.

(5)Part I of Schedule 20 has effect for the purpose of supplementing this section.

Approval and implementation of proposalsE+W

194 Withdrawal, approval or rejection of proposals.E+W

(1)Proposals published under section 193 may not be withdrawn except with the consent of the Secretary of State and subject to such conditions as he may impose (which may, in particular, require further proposals to be published under that section within such period as the Secretary of State may specify).

(2)The Secretary of State—

(a)may reject any proposals published under section 193, or

(b)where a school in respect of which such proposals are made is eligible for grant-maintained status on the date of publication of the proposals, may—

(i)approve them without modification, or

(ii)after consultation with the existing governing body, approve them with such modifications as he thinks desirable.

(3)Where the Secretary of State rejects any proposals published under section 193 in respect of a school which is eligible for grant-maintained status on the date of his determination, he may require the governing body to publish further proposals under section 193 within such period as he may specify.

(4)Where the Secretary of State imposes a requirement under subsection (1) or (3) for the publication of further proposals, section 193(2) and Schedule 20 shall apply as they apply in the case mentioned in section 193(1), but with the following modifications—

(a)the reference in section 193(2) to the period of four months beginning with the date on which the result of the ballot is determined shall be taken as a reference to the period specified by the Secretary of State for submission of the further proposals required, and

(b)the reference in paragraph 2(1)(a) of Schedule 20 to the ballot shall be read as referring to the last ballot held in accordance with section 189 in relation to the school before the requirement in question was imposed.

195 Incorporation of governing body.E+W

(1)Where any proposals are approved under section 194, then—

(a)the persons who, immediately before the proposals are approved, are named in them as initial governors, and

(b)the existing head teacher (as a governor ex officio),

shall on that date be incorporated as the governing body of the school under the name given in pursuance of paragraph 4(1)(g) of Schedule 20.

(2)Where any proposals are approved under section 194, then, in relation to the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals—

(a)the governing body incorporated under this section are referred to in this Part as the “new governing body”, and

(b)any reference in any enactment or instrument or document to the governing body of the school, other than—

(i)an express reference to the new governing body or the governing body incorporated under this section, or

(ii)a reference in Chapter V,

shall be read as a reference to the existing governing body, not the new governing body.

(3)On the date of implementation of the proposals—

(a)the local education authority whose duty it was immediately before that date to maintain the school as a county or voluntary school shall cease to have that duty, and

(b)any special agreement relating to the school shall cease to have effect.

196 Exercise of powers before proposed date of implementation.E+W

Schedule 21 (which makes provision in relation to the period after approval and before the date of implementation) has effect in relation to a school once proposals are approved under section 194.

Expenses in connection with proposalsE+W

197 Expenses in connection with proposals for acquisition of grant-maintained status.E+W

(1)The Secretary of State may make payments in respect of any expenses incurred by the governing body of a school in exercising, or in connection with the exercise of, their functions under the preceding provisions of this Chapter.

(2)Payments under subsection (1) may be made on such terms as the Secretary of State may determine.

(3)A local education authority shall not incur any expenditure attributable to any period for the purpose of influencing the outcome of ballots held under section 189 if the aggregate of the amounts of expenditure for that purpose attributable to the period exceeds (or, if that expenditure were incurred, would exceed) the limit for that period.

(4)Regulations may make provision for determining for the purposes of this section—

(a)whether expenditure is incurred for the purpose referred to in subsection (3),

(b)the amount of any expenditure,

(c)the period to which expenditure is to be attributed, and

(d)the limit for any period.

(5)Regulations may require each local education authority—

(a)to keep in accordance with regulations, and any directions contained in an order made by the Secretary of State, a separate account of the expenditure incurred for the purpose referred to in subsection (3), and

(b)to prepare in respect of such periods as may be prescribed a statement of account and, if the Secretary of State so requests, send each statement to him before the end of such period as may be prescribed.

Alteration of county school proposed for grant-maintained statusE+W

198 Proposals by governing body for alteration of county school proposed for grant-maintained status.E+W

(1)This section applies where—

(a)the governing body of a county school (“the school proposed for grant-maintained status”) have published proposals for acquisition of grant-maintained status which have not been withdrawn or determined,

(b)the local education authority have published proposals for any of the purposes mentioned in section 35(1)(c) or (d) (alteration, etc. of county school) in respect of one or more schools in the area, and

(c)the governing body of the school proposed for grant-maintained status intend to make a significant change in the character, or a significant enlargement of the premises, of the school, being a change or enlargement to be made for the purpose of ensuring consistency in the provision of education in the area of the local education authority if the proposals made by the authority are implemented.

(2)The governing body of the school proposed for grant-maintained status may publish in such manner as may be required by regulations proposals for a significant change in the character, or significant enlargement of the premises, of the school for the purpose mentioned in subsection (1)(c).

(3)Chapter VII (alteration etc. of grant-maintained school) shall apply in relation to proposals published under this section as it applies in relation to proposals published under section 259 (proposals for change of character etc. by governing body) but—

(a)as if the governing body of the school proposed for grant-maintained status were the governing body of a grant-maintained school, and

(b)with the modifications in subsections (4) and (5) below.

(4)The particulars of the proposals shall not give as the time or any of the times of implementation of the proposals a time earlier than the date of implementation of the proposals for acquisition of grant-maintained status.

(5)The statement accompanying the proposals shall (in addition to complying with section 259(5))—

(a)state that the proposals are published in connection with the proposed acquisition of grant-maintained status,

(b)state the circumstances in which the governing body are authorised under this section to publish such proposals, and

(c)describe the proposals published by the local education authority in connection with which the proposals under this section are published.

(6)Proposals published under this section may, if the governing body think fit—

(a)specify an age below 10 years and six months and an age above 12 years, and

(b)provide that the school is to be a school for providing full-time education suitable to the requirements of pupils whose ages are between the ages so specified.

199 Approval or rejection by Secretary of State of proposals under section 198.E+W

(1)This section applies where, 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 in respect of the school are published under section 198.

(2)The Secretary of State shall consider both sets of proposals together but shall not determine the proposals under section 198 until he has made his determination with respect to the proposals for acquisition of grant-maintained status.

(3)If the Secretary of State approves the proposals for acquisition of grant-maintained status, he may approve the proposals under section 198.

(4)If the Secretary of State rejects the proposals for acquisition of grant-maintained status, he shall reject the proposals under section 198.

SupplementaryE+W

200 Chapter II: interpretation, etc.E+W

(1)This section applies in relation to proposals for acquisition of grant-maintained status and to the school to which they relate.

(2)References to the date of implementation of the proposals—

(a)in relation to a school in respect of which proposals for acquisition of grant-maintained status are required to be published under section 193, are to the date specified (in accordance with regulations under section 189(3)(a)) as the proposed date of implementation in the information given to persons eligible to vote in the originating ballot, and

(b)in any other case, are to the date specified in the proposals as the proposed date of implementation.

(3)In subsection (2)(a) “the originating ballot”—

(a)where section 193(2) applies, means the ballot by reference to which it applies, and

(b)where the proposals are required to be published by virtue of a requirement imposed by the Secretary of State under section 194(1) or (3), means the last ballot held in accordance with section 189 in relation to the school before that requirement was imposed.

(4)The relevant particulars”, in relation to a proposed initial governor, means—

(a)his name and address,

(b)whether he is to be a parent, teacher, first, foundation or sponsor governor,

(c)if he is to be a parent or teacher governor, the term of office that applies in his case under paragraph 10 of Schedule 22, and

(d)if he is to be a first, foundation or sponsor governor, the term of office proposed for him in accordance with that paragraph or, in the case of a foundation governor who is to hold office ex officio, the fact that he is to do so.

(5)The incorporation date” means the date on which the governing body are incorporated.

Chapter IIIE+W Property, staff and contracts

Transfer of property and staff, etc.E+W

201 Transfer of property etc.E+W

(1)Subject to subsection (3), where in relation to any school proposals for acquisition of grant-maintained status are approved—

(a)the property, rights and liabilities mentioned in subsection (2) of any local authority, and

(b)any property, rights and liabilities of the existing governing body,

shall on the date of implementation of the proposals be transferred to, and by virtue of this Act vest in, the governing body incorporated under Chapter II.

(2)The property, rights and liabilities referred to in subsection (1)(a) are—

(a)all land or other property which, immediately before the date of implementation of the proposals, was property used or held by the authority for the purposes of the school, and

(b)all rights and liabilities subsisting immediately before the date of implementation of the proposals which were acquired or incurred by the authority for those purposes.

(3)Subsection (1) shall not apply to rights and liabilities under any contract of employment; and subsection (1)(a) shall not apply to—

(a)any land or other property vested in a local authority as trustees,

(b)any property, rights or liabilities excluded under subsection (5) or (6),

(c)any liability of a local authority in respect of the principal of, or any interest on, any loan, or

(d)any liability of a local authority in respect of compensation for premature retirement of any person formerly employed by them or by any governing body of the school.

(4)Any land or other property of a local authority excluded by virtue of subsection (3)(a) from transfer to the governing body shall, on the date of implementation of the proposals, be transferred to, and by virtue of this Act vest in, the first governors of the school on the trusts applicable immediately before that date under any trust deed regulating the use of that land or other property for the purposes of the school.

(5)If before the date of implementation of the proposals—

(a)the new governing body and the local authority have agreed in writing to exclude any property, and

(b)the Secretary of State has given his written approval of the agreement,

the property, and any rights or liabilities relating to it, shall be excluded.

(6)If in default of agreement under subsection (5)—

(a)the new governing body or the local authority have applied to the Secretary of State to exclude any property, and

(b)the Secretary of State has by order directed its exclusion,

the property, and any rights or liabilities relating to it, shall be excluded.

(7)An agreement under subsection (5) may provide for the property to be used for the purposes of the school acquiring grant-maintained status on such terms as may be specified in or determined in accordance with the agreement; and directions under subsection (6)—

(a)may confer any rights or impose any liabilities that could have been conferred or imposed by such an agreement, and

(b)shall have effect as if contained in such an agreement.

(8)For the purposes of this section, any interest in a dwelling-house which, immediately before the date of implementation of the proposals, is used or held by a local authority for occupation by a person employed to work at the school shall be treated as an interest used or held for the purposes of the school.

(9)References in this section to liabilities incurred by a local authority shall not be read as including liabilities of such an authority to make payments to or in respect of any person in pursuance of any duty imposed on the authority under any statutory provision.

(10)This section is subject to section 198 of the M28Education Reform Act 1988 (which with Schedule 10 to that Act makes further provision in relation to transfers of property, rights and liabilities), and references in that Schedule as applied by virtue of this subsection to the transfer date are to the date of implementation of the proposals.

Annotations:

Marginal Citations

202 Transfer of staff.E+W

(1)This section applies to any school where proposals for acquisition of grant-maintained status have been approved in relation to the school; and, subject to subsection (3), applies to any person who—

(a)if the school is an aided school, is immediately before the date of implementation of the proposals employed by the governing body, or

(b)immediately before the date of implementation of the proposals—

(i)is employed by the local education authority to work solely at the school, or

(ii)is employed by the local education authority to work at the school and is designated for the purposes of this section by an order made by the Secretary of State.

(2)A person employed by a local education authority in connection with the provision of meals shall not be regarded for the purposes of subsection (1)(b) as employed to work solely at a school unless the meals are provided solely for consumption by persons at the school.

(3)This section does not apply to—

(a)any person employed as mentioned in subsection (1) whose contract of employment terminates on the day immediately preceding the date of implementation of the proposals, or

(b)any person employed as mentioned in subsection (1)(b) who before that date—

(i)has been appointed or assigned by the local education authority to work solely at another school as from that date, or

(ii)has been withdrawn from work at the school with effect as from that date.

(4)A person who before the date of implementation of the proposals has been appointed or assigned by the local education authority to work at the school as from that date shall be treated for the purposes of this section as if he had been employed by the authority immediately before that date to do such work at the school as he would have been required to do on or after that date under his contract of employment with the authority.

(5)In subsections (6) and (7) “former employer”—

(a)in relation to a person to whom this section applies by virtue of subsection (1)(a), means the governing body of the school immediately before the date of implementation of the proposals, and

(b)in relation to a person to whom this section applies by virtue of subsection (1)(b), means the local education authority.

(6)The contract of employment between a person to whom this section applies and his former employer shall have effect from the date of implementation of the proposals as if originally made between him and the governing body of the grant-maintained school.

(7)Without prejudice to subsection (6)—

(a)all the former employer’s rights, powers, duties and liabilities under or in connection with the contract of employment shall by virtue of this section be transferred to the governing body of the grant-maintained school on the date of implementation of the proposals, and

(b)anything done before that date by or in relation to the former employer in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to that governing body.

(8)Subsections (6) and (7) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this section.

(9)An order under this section may designate a person either individually or as a member of a class or description of employees.

Effect of pending procedure for acquisition of grant-maintained status on property disposals, etc.E+W

203“Pending” procedure for acquisition of grant-maintained status.E+W

(1)For the purposes of this Chapter the procedure for acquisition of grant-maintained status is pending in relation to a school when it has been initiated in relation to the school on any occasion and not terminated (as initiated on that occasion).

(2)For those purposes, that procedure is to be regarded as initiated in relation to a school on any occasion—

(a)on receipt by the local education authority of notice of a meeting of the governing body at which a motion for a resolution to hold a ballot of parents on the question whether grant-maintained status should be sought for the school is to be considered (not being a case falling within section 186(3)), or

(b)where the governing body have received a request under subsection (1) of section 187, on receipt by the local education authority of notice under subsection (3)(b) of that section.

(3)For those purposes, that procedure, as initiated on any occasion, is to be regarded as terminated—

(a)(when initiated as mentioned in subsection (2)(a)) if—

(i)the meeting is not held,

(ii)the meeting is held but the motion is not moved or, though the motion is moved, the resolution is not passed, or

(iii)the resolution is passed but the result of the ballot to which the notice under section 186(1)(b) relates does not show a majority in favour of seeking grant-maintained status for the school;

(b)(when initiated as mentioned in subsection (2)(b)) if the result of the ballot to which the notice under section 187(3)(b) relates does not show a majority in favour of seeking grant-maintained status for the school;

(c)if—

(i)proposals which by reference to the result of a ballot to which a notice under section 186(1)(b) or 187(3)(b) relates are required to be published under section 193, or

(ii)any proposals required in substitution for those proposals,

are rejected by the Secretary of State or withdrawn; or

(d)on the date of implementation of such proposals.

(4)Where section 191 applies in the case of such a ballot, the references in subsection (3) above to the result of that ballot shall be read as references to the result of the second ballot required by that section.

(5)The reference in subsection (3) above to proposals required in substitution for any proposals (“the original proposals”) required to be published by reference to the result of a ballot is to any proposals required to be published by virtue of section 194(1) or (3) on withdrawal or (as the case may be) rejection of—

(a)the original proposals, or

(b)any further proposals required to be published by virtue of section 194(1) or (3) in respect of the school without a further ballot.

(6)Proposals published under section 193 shall not be treated for the purposes of subsection (3)(c) as rejected in any case where the Secretary of State imposes a requirement under section 194(3) or as withdrawn in any case where he imposes a requirement under section 194(1) for the publication of further proposals.

204 Control of disposals of land.E+W

(1)During any period when the procedure for acquisition of grant-maintained status is pending in relation to a school, a local authority shall not—

(a)dispose of any land used wholly or partly for the purposes of the school, or

(b)enter into a contract to dispose of any such land,

except with the required consent.

(2)Subsection (1) does not apply in relation to a disposal which is made in pursuance of a contract entered into, or an option granted, before the procedure for acquisition of grant-maintained status was initiated in relation to the school.

(3)Where proposals for acquisition of grant-maintained status are approved, the procedure for acquisition of grant-maintained status is not to be treated as terminated for the purposes of this section and section 205 in relation to any land, where agreement is required to be reached under paragraph 2(1) of Schedule 10 to the M29Education Reform Act 1988 (identification of property, etc.) on any matter relating to that land, until the date on which that matter is finally determined.

(4)In the case of a disposal made or contract entered into after proposals for acquisition of grant-maintained status have been approved, “the required consent”—

(a)(if it is agreed between the local authority and the new governing body that the value of the land in question does not exceed £6,000) is the consent of the new governing body, and

(b)(if paragraph (a) does not apply) is the consent of both the new governing body and the Secretary of State.

(5)In any other case “the required consent” for any proposed disposal (and for any contract to make it) is the consent of both the existing governing body and the Secretary of State.

(6)A disposal or contract shall not be invalid or void by reason only that it has been made or entered into in contravention of this section; and (subject to section 205) a person acquiring land, or entering into a contract to acquire land, from a local authority shall not be concerned to enquire whether any consent required by this section has been given.

(7)This section has effect notwithstanding anything in section 123 of the M30Local Government Act 1972 (general power to dispose of land) or in any other enactment; and the consent required by this section shall be in addition to any consent required by subsection (2) of that section or by any other enactment.

(8)In this section and section 205—

(a)references to disposing of land include granting or disposing of any interest in land, and

(b)references to entering into a contract to dispose of land include granting an option to acquire land or such an interest.

(9)Where a proposed disposal forms part of a proposed series of transactions, all disposals forming part of that series shall be treated as one disposal for the purposes of this section.

(10)The Secretary of State may by order substitute for the sum specified in subsection (4) (whether as originally enacted or as previously amended by an order under this subsection) such sum as may be specified in the order.

Annotations:

Marginal Citations

205 Wrongful disposals of land.E+W

(1)This section applies where—

(a)proposals for acquisition of grant-maintained status in respect of a school have been approved, and

(b)a local authority have made a disposal, or have entered into a contract, in contravention of section 204(1).

(2)In the case of a contract which consists of granting an option to acquire any land or interest in land, the Education Assets Board may by notice in writing served on the option holder repudiate the option at any time before it is exercised.

(3)In the case of a contract to dispose of any land or to grant or dispose of any interest in land, the Education Assets Board may by notice in writing served on the other party to the contract, at any time before the conveyance or grant of the land or any interest in land to which it relates is completed or executed, repudiate the contract.

(4)A repudiation under subsection (2) or (3) shall have effect—

(a)where it is made after the date of implementation of the proposals, as if the local authority (and not the governing body) were party to the contract, and

(b)as if the repudiation were made by the local authority.

(5)In the case of a disposal which consists in granting or disposing of any interest in land (whether or not in pursuance of any earlier contract falling within subsection (2) or (3)) the Education Assets Board may be authorised by the Secretary of State to purchase compulsorily the interest in land which was the subject of the disposal.

(6)The M31Acquisition of Land Act 1981 shall apply in relation to the compulsory purchase of land under subsection (5) as if references in sections 12 and 13 of that Act to every owner of the land included references to the local authority concerned.

(7)On completion of a compulsory purchase under that subsection of any interest in land, the Education Assets Board shall convey that interest to the governing body incorporated under Chapter II.

(8)Where the Education Assets Board acquire any interest in land by a compulsory purchase under subsection (5) the Board shall be entitled to recover from the local authority concerned an amount equal to the aggregate of—

(a)the amount of compensation agreed or awarded in respect of that purchase, together with any interest payable by the Board in respect of that compensation in accordance with section 11 of the M32Compulsory Purchase Act 1965 or section 52A of the M33Land Compensation Act 1973, and

(b)the amount of the costs and expenses incurred by the Board in connection with the making of the compulsory purchase order.

(9)Section 204(8) applies for the purposes of this section.

Annotations:

Marginal Citations

206 Control of contracts.E+W

(1)Where the procedure for acquisition of grant-maintained status is pending in relation to any school, this section applies to any contract which, if the proposals for acquisition of grant-maintained status were implemented, would or might bind the governing body incorporated under Chapter II.

(2)Except with the appropriate consent, a local authority shall not enter into a contract to which this section applies.

(3)In the case of a contract entered into after the proposals have been approved by the Secretary of State, “the appropriate consent” is that of the new governing body.

(4)In relation to any other contract, “the appropriate consent” is—

(a)the consent of the existing governing body, and

(b)if (on the assumption set out in subsection (1)) the contract will require the governing body incorporated under Chapter II to make payments amounting in aggregate to £15,000 or more, the consent of the Secretary of State.

(5)Any consent for the purposes of this section may be given either in respect of a particular contract or in respect of contracts of any class or description and either unconditionally or subject to conditions.

(6)A contract shall not be void by reason only that it has been entered into in contravention of this section and (subject to section 207) a person entering into a contract with a local authority or governing body shall not be concerned to enquire whether any consent required by this section has been given or any conditions of such a consent have been complied with.

(7)Where there is an obligation under a contract to which this section applies to provide any benefit other than money, subsection (4)(b) shall apply as if the obligation were to pay a sum of money corresponding to the value of the benefit to the recipient.

(8)This section does not apply to—

(a)a works contract (within the meaning of Part III of the M34Local Government, Planning and Land Act 1980) which is entered into in accordance with section 7 of that Act,

(b)a works contract (within the meaning of Part I of the M35Local Government Act 1988) which is entered into in accordance with section 4 of that Act,

(c)a contract to dispose of land (within the meaning of section 204) or to grant an option to acquire land or an interest in land, or

(d)a contract of employment.

(9)The Secretary of State may by order substitute for the sum specified in subsection (4) (whether as originally enacted or as previously amended by an order under this subsection) such sum as may be specified in the order.

Annotations:

Marginal Citations

207 Wrongful contracts.E+W

(1)This section applies where—

(a)proposals for acquisition of grant-maintained status in respect of a school have been approved, and

(b)a local authority have entered into a contract to which section 206 applies in contravention of that section.

(2)The Education Assets Board may by notice in writing served on the other party to the contract repudiate the contract at any time before it is performed.

(3)A repudiation under subsection (2) shall have effect—

(a)where it is made after the date of implementation of the proposals, as if the local authority (and not the governing body) were party to the contract, and

(b)as if the repudiation were made by the local authority.

208 Restriction on change of purpose for which property used or held.E+W

(1)During any period when the procedure for acquisition of grant-maintained status is pending in relation to a school, a local authority shall not, in relation to any land or other property of the authority used or held for the purposes of the school, take without the required consent any action by which the land or other property ceases to any extent to be so used or held.

(2)In the case of anything done after proposals for acquisition of grant-maintained status have been approved, “the required consent” is that of the new governing body.

(3)In any other case “the required consent” is that of both the existing governing body and the Secretary of State.

(4)If in the case of any school—

(a)proposals for acquisition of grant-maintained status are approved, and

(b)a local authority have, in relation to any property, taken any action in contravention of subsection (1),

the provisions relating to the transfer of property shall have effect as if, immediately before the date of implementation of the proposals in relation to the school, the property were used or held by the authority for the purposes for which it was used or held when the procedure for acquisition of grant-maintained status was initiated.

(5)In this section—

(a)the provisions relating to the transfer of property” means section 201 above and section 198 of, and Schedule 10 to, the M36Education Reform Act 1988, and

(b)the references to taking action include appropriating property for any purpose.

Annotations:

Marginal Citations

209 Restriction on staff changes.E+W

(1)During any period when the procedure for acquisition of grant-maintained status is pending in relation to a school, the local education authority shall not do any of the things mentioned in subsection (2) without the required consent.

(2)Those things are—

(a)the appointment of a person to fill a vacancy in a post which is part of the complement of the school or to work solely at the school in any other post,

(b)the dismissal (otherwise than under section 143(6) or 144(3) (special provisions as to religious education in voluntary schools)) of a person to whom subsection (3) applies, and

(c)the withdrawal of such a person from work at the school (otherwise than by dismissing him).

(3)This subsection applies to any person who is employed—

(a)in a post which is part of the complement of the school, or

(b)to work solely at the school in any other post.

(4)The references in this section to the complement of the school are to the complement of teaching and non-teaching posts determined by the local education authority for the school under section 133(1) to (3) (determination of staff complement for schools).

(5)In the case of anything done after proposals for acquisition of grant-maintained status have been approved, “the required consent” is that of the new governing body.

(6)In any other case “the required consent” is that of both the existing governing body and the Secretary of State.

SupplementaryE+W

210 Supplementary provisions about transfers.E+W

(1)No duty of a local education authority under section 60(2) or (as the case may be) 61(2) to convey their interest in any site or buildings to the trustees of a voluntary school shall be affected by the school subsequently becoming a grant-maintained school.

(2)Where such a duty is continued by virtue of subsection (1), then, in connection with the site in question, sections 60(2) to (7), 61(2) and (3) and 62 shall continue to apply after the school becomes a grant-maintained school as if it were a controlled school or, as the case may be, an aided or special agreement school.

(3)Where any such duty as is referred to in subsection (1), or imposed by section 70(1), applies in relation to a school, then—

(a)if it applies immediately before the date of implementation of proposals for acquisition of grant-maintained status, section 201(1)(a) shall not apply to, or to any interest in, the site or buildings or, as the case may be, the premises to be conveyed, and

(b)if it applies at a time when the procedure for acquisition of grant-maintained status is pending, section 204 shall not apply to disposing, or entering into a contract to dispose, of the site or buildings or, as the case may be, the premises to be conveyed.

(4)Where immediately before the date of implementation of proposals for acquisition of grant-maintained status there is an agreement relating to any site or buildings made under section 61(4) or (5), section 201(1)(a) shall not apply to any rights or liabilities of any local authority under the agreement; and any directions given before that date under section 61(6), so far as they relate to the governing body of the school, shall have effect on or after that date as if they related to the governing body incorporated under section 195.

Chapter IVE+W Establishing new grant-maintained schools

Proposals for establishment of new grant-maintained schoolE+W

211 Proposals by funding authority.E+W

(1)This section has effect in respect of the area of a local education authority if an order under section 27(1) applies to the area.

(2)The funding authority may establish grant-maintained schools for the purpose of providing relevant education.

(3)Where the funding authority intend to establish a grant-maintained school, they shall—

(a)publish proposals for that purpose in such manner as may be prescribed, and

(b)submit a copy of the published proposals to the Secretary of State.

(4)Before publishing any proposals under this section the funding authority shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the funding authority shall have regard to any guidance given to them from time to time by the Secretary of State.

212 Proposals by promoters.E+W

(1)Where any persons (referred to in this Part as “promoters”) propose to establish a grant-maintained school, they shall—

(a)publish proposals for that purpose in such manner as may be prescribed, and

(b)submit a copy of the published proposals to the Secretary of State.

(2)Before publishing any proposals under this section the promoters shall consult—

(a)the funding authority, and

(b)such other persons as appear to them to be appropriate;

and in discharging their duty under this subsection the promoters shall have regard to any guidance given from time to time by the Secretary of State.

(3)A local education authority may not establish any grant-maintained school.

213 Provisions supplementary to sections 211 and 212.E+W

(1)Part II of Schedule 20 has effect for the purpose of supplementing sections 211 and 212.

(2)Subsection (3) applies where promoters propose to establish a grant-maintained school in place of an existing independent school which it is proposed to discontinue on or before the date of implementation of the proposals.

(3)Where this subsection applies, the proposals published by the promoters under section 212 shall, in addition to the matters required to be specified by virtue of paragraph 7 of Schedule 20—

(a)specify any arrangements proposed to be made by the promoters for land and other property held for the purposes of the existing independent school to be held for the purposes of the grant-maintained school, and

(b)state whether there is a trust deed or other instrument relating to the existing independent school.

(4)References in this Part to proposals published under section 211 or 212 are, in any case where the Secretary of State has modified such proposals in pursuance of this Part, references to the proposals as so modified.

(5)No proposals may be published under section 211 or 212 for a school which may provide any education which is neither primary nor secondary education unless it is—

(a)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 19, or

(b)part-time education suitable to the requirements of junior pupils.

Approval and implementation of proposalsE+W

214 Approval, adoption or rejection of proposals.E+W

(1)Proposals published under section 211 require the approval of the Secretary of State if—

(a)he gives notice to that effect to the funding authority within two months after the submission to him of the published proposals,

(b)objections have been made under paragraph 10 of Schedule 20 within the period allowed under that paragraph (unless all objections so made have been withdrawn in writing within that period), or

(c)the proposals name a sponsor of the school.

(2)Proposals published under section 212 require the approval of the Secretary of State.

(3)Where under subsection (1) or (2) any proposals require the approval of the Secretary of State, he may—

(a)reject them,

(b)approve them without modification, or

(c)after consulting the funding authority (and, in the case of proposals under section 212, the promoters) approve them with such modifications as he thinks desirable.

(4)In relation to Wales, subsection (3) shall have effect before the Schools Funding Council for Wales begin to exercise their functions with the omission of the reference to consulting the funding authority.

(5)In the case of proposals published under section 211, particulars in respect of the proposed premises of the school prepared under paragraph 12 of Schedule 20 must be adopted by the funding authority.

(6)In the case of proposals published under section 212, particulars in respect of the proposed premises of the school submitted under paragraph 12 of Schedule 20 require the approval of the funding authority.

(7)Where proposals published under section 211 do not require the approval of the Secretary of State, the funding authority shall determine whether to adopt the proposals.

(8)The funding authority shall—

(a)make any determination under subsection (7) not later than four months after the publication of the proposals, and

(b)give notice in writing to the Secretary of State of their determination.

215 Implementation of proposals.E+W

(1)Where any proposals are approved or adopted under section 214, the persons who are appointed in accordance with regulations to be the initial first or (as the case may be) foundation governors shall on the incorporation date be incorporated as the governing body of the school under the name given in pursuance of paragraph 7(1)(f) of Schedule 20.

(2)Where any proposals published under section 211 are so approved or adopted, the funding authority shall implement the proposals or, in a case where, under this subsection, the Secretary of State modifies the proposals at their request, shall implement the proposals as so modified.

(3)Where any proposals published under section 212 are so approved, the promoters shall implement the proposals or, in a case where, under this subsection, the Secretary of State modifies the proposals at their request, shall implement the proposals as modified.

(4)Proposals required to be implemented under this section shall be implemented in accordance with any particulars adopted or approved under section 214(5) or (6).

216 Exercise of powers before proposed date of implementation, and payment of grant.E+W

(1)Where proposals have been approved or adopted under section 214, the powers conferred on the governing body by or under this Part shall, until the date of implementation of the proposals, be exercised only for the purpose of or in connection with the conduct of the school on or after that date.

(2)In the case of proposals under section 212, the funding authority may at any time after the incorporation date make grants to the governing body in respect of the provision of premises for the school.

(3)So far as the amount of any grant under subsection (2) relates to the provision of a site for the school or of school buildings, it shall not exceed 85 per cent. of the sums expended by the governing body in respect of the provision of the site and buildings in question.

(4)Where proposals have been approved or adopted under section 214, then, in respect of the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals—

(a)Chapter VI (funding of grant-maintained schools) shall not apply, but

(b)the funding authority may make grants to the governing body (other than grants in respect of the provision of premises for the school) in respect of expenditure incurred or to be incurred by that body.

(5)The funding authority may impose on a governing body to whom a grant is made under subsection (2) or (4) such requirements as they may from time to time determine (whether before, at or after the time when the grant is made).

(6)Such requirements may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the funding authority of the whole or any part of the following amount.

(7)That amount is—

(a)the amount of the payments made in respect of the grant, or

(b)so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,

whichever is the greater.

(8)No such requirement as is referred to in subsection (6) may be imposed where any grant is made under subsection (2) in respect of the provision of premises for the school if any freehold interest in the premises in respect of which the grant is paid is, or is to be, held on trust for the purposes of the school.

(9)In this section “site” does not include playing fields.

SupplementaryE+W

217 Chapter IV: interpretation.E+W

In relation to proposals for the establishment of a new grant-maintained school or to a school established in pursuance of such proposals—

(a)the date specified in the proposals as the proposed incorporation date is referred to in this Part as the “incorporation date”, and

(b)the date specified in the proposals as the proposed date of implementation is referred to in this Part as the “date of implementation of the proposals”.

Chapter VE+W Government, conduct etc. of grant-maintained schools

Annotations:

Modifications etc. (not altering text)

C29Pt. III Chapter V (ss. 218-243) modified (1.11.1996) by 1996 c. 57, ss. 37(3), 48(2)

The governing instrumentsE+W

218 Constitution of governing body and conduct of school.E+W

(1)For every governing body of a grant-maintained school there shall be—

(a)an instrument (known as the instrument of government) providing for the constitution of the governing body, and

(b)an instrument (known as the articles of government) in accordance with which the school is to be conducted.

(2)The instrument and articles of government—

(a)shall comply with any requirements imposed by or under this Chapter, and

(b)may make any provision authorised by or under this Chapter to be made and such other provision as may be necessary or desirable.

(3)Subject to any express provision of the instrument or articles of government, the school shall be conducted in accordance with any trust deed relating to it.

(4)Schedule 22 (membership and proceedings etc. of governing bodies) shall have effect.

(5)Schedule 23 (content of articles of government) shall also have effect.

219 Initial instruments and articles of government.E+W

(1)The initial instrument of government for the governing body of a grant-maintained school, and the initial articles of government for such a school, shall be such as are prescribed.

(2)The initial instrument of government shall have effect as from the incorporation date.

(3)The initial articles of government shall have effect as from the date of implementation of the proposals but, in the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school, such of the articles as may be prescribed shall have effect as from the incorporation date.

(4)Before making any regulations under this section the Secretary of State shall consult—

(a)a body appearing to him to be representative of the Church of England,

(b)a body appearing to him to be representative of the Church in Wales, and

(c)a body appearing to him to be representative of the Roman Catholic Church,

in matters relating to the provision of education in grant-maintained schools having foundation governors.

220 Subsequent instruments of government.E+W

(1)The Secretary of State may—

(a)if the governing body of a grant-maintained school submit a draft of an instrument of government to have effect in place of their existing instrument, by order make a new instrument of government in terms of the draft or in such terms as he thinks fit, and

(b)if such a governing body submit draft modifications—

(i)of an instrument made under paragraph (a), or

(ii)of an instrument of government made under section 57(1)(a) of the M37Education Act 1993 or Chapter IV of Part I of the M38Education Reform Act 1988 which has effect (by virtue of Schedule 39 to this Act) as if made under paragraph (a),

by order modify the instrument concerned in terms of the draft or in such terms as he thinks fit;

but he shall not make a new instrument otherwise than in terms of the draft, or modify the instrument otherwise than in terms of the draft, unless he has consulted the governing body.

(2)No order may be made under subsection (1) in respect of a school having foundation governors unless the governing body have consulted—

(a)the person who appoints the foundation governors, and

(b)in the case of a Church of England, Church in Wales or Roman Catholic Church school, the appropriate diocesan authority (if different).

(3)The Secretary of State may by order modify the instrument of government for the governing body of any grant-maintained school.

(4)An order under subsection (3)—

(a)may relate to all grant-maintained schools, to any category of such schools specified in the order or to any such school so specified, but

(b)shall not be made unless the Secretary of State has consulted—

(i)the governing body of each grant-maintained school to which the order relates,

(ii)(if the order relates only to a school having foundation governors) the person who appoints them and, if it is a Church of England, Church in Wales or Roman Catholic Church school, the appropriate diocesan authority (if different), and

(iii)(if the order relates to two or more schools and any of the schools are Church of England, Church in Wales or Roman Catholic Church schools having foundation governors) a body appearing to the Secretary of State to be representative of the church in question in matters relating to the provision of education in grant-maintained schools having foundation governors.

(5)Where, by reason of the making of a new instrument, or the modification of an instrument, under this section the number of governors of any category will (unless the required number of governors of that category resign) exceed the number provided for in the instrument, the new instrument or, as the case may be, the instrument as modified shall provide—

(a)for such number of governors of that category as is required to eliminate the excess to cease to hold office, and

(b)for the selection of those who are to cease to hold office.

Annotations:

Marginal Citations

221 Subsequent articles of government.E+W

(1)The governing body of a grant-maintained school may, with the consent of the Secretary of State—

(a)make new articles of government in place of the existing articles for the school, or

(b)modify any articles made under paragraph (a) or, where articles made under section 58(1)(a) of the M39Education Act 1993 or Chapter IV of Part I of the M40Education Reform Act 1988 have effect (by virtue of Schedule 39 to this Act) as if made in accordance with this Part, those articles.

(2)Before exercising that power, the governing body of a school having foundation governors shall consult—

(a)the person who appoints the foundation governors, and

(b)in the case of a Church of England, Church in Wales or Roman Catholic Church school, the appropriate diocesan authority (if different).

(3)The Secretary of State may by a direction under this section require the governing bodies of grant-maintained schools or any class of such schools specified in the direction or the governing body of any particular grant-maintained school so specified to modify their articles of government in any manner so specified.

(4)Before giving a direction under this section, the Secretary of State shall consult—

(a)the governing body or (as the case may be) each governing body to which the direction applies,

(b)(if the direction relates only to a school having foundation governors) the person who appoints them and, if it is a Church of England, Church in Wales or Roman Catholic Church school, the appropriate diocesan authority (if different), and

(c)(if the direction relates to two or more schools and any of the schools are Church of England, Church in Wales or Roman Catholic Church schools having foundation governors) a body appearing to the Secretary of State to be representative of the church in question in matters relating to the provision of education in grant-maintained schools having foundation governors.

Annotations:

Marginal Citations

GovernorsE+W

222 Categories of governors.E+W

Schedule 24 (expressions used in connection with categories of governors) shall have effect.

223 Parent governors.E+W

(1)Subject to subsection (6), the instrument of government for the governing body of a grant-maintained school shall provide for the governing body to include parent governors.

(2)Subject to subsection (7), the instrument shall provide for the number of parent governors to be—

(a)in the case of a primary school, not less than three nor more than five, and

(b)in the case of a secondary school, five.

(3)The instrument shall provide that if—

(a)one or more vacancies for parent governors are required to be filled by election, and

(b)the number of parents standing for election as parent governors is less than the number of vacancies,

the required number of parent governors shall be made up by persons appointed by the other members of the governing body.

(4)The instrument shall require governors, in appointing a person under a provision made by virtue of subsection (3)—

(a)to appoint a person who is the registered parent of a registered pupil at the school, where it is reasonably practicable to do so, and

(b)where it is not, to appoint a person who is the parent of one or more children of compulsory school age.

(5)In the case of a governing body incorporated in pursuance of proposals for acquisition of grant-maintained status, in relation to the election of a person as a parent governor to the new governing body—

(a)paragraph 7 of Schedule 8 (qualifications and arrangements for election of parent or teacher governors) shall apply as it applies in relation to the election of a parent governor to the existing governing body, and

(b)the new governing body shall inform the authority responsible for election arrangements of any vacancy arising for a parent governor,

and the instrument shall have effect accordingly.

(6)In the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school, the instrument shall have effect as if—

(a)before the date of implementation of the proposals, the governing body had power to appoint as parent governors persons who satisfy the prescribed requirements, and

(b)the first appointments were to be made before that date.

(7)In the case of a primary school, the initial instrument shall provide for the number of parent governors to be such number (being not less than three nor more than five) as is specified in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school.

(8)Subsection (3) does not apply, in the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school, to vacancies arising before the date of implementation of the proposals.

224 Teacher governors.E+W

(1)Subject to subsection (4), the instrument of government for the governing body of a grant-maintained school shall provide for the governing body to include teacher governors.

(2)Subject to subsection (5), the instrument shall provide for the number of teacher governors to be either one or two.

(3)In the case of a governing body incorporated in pursuance of proposals for acquisition of grant-maintained status, in relation to the election of a person as a teacher governor to the new governing body—

(a)paragraph 7 of Schedule 8 shall apply as it applies in relation to the election of a teacher governor to the existing governing body, and

(b)the new governing body shall inform the authority responsible for election arrangements of any vacancy arising for a teacher governor,

and the instrument shall have effect accordingly.

(4)In the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school, the instrument shall have effect as if—

(a)before the date of implementation of the proposals, the governing body had power to appoint as teacher governors persons who satisfy the prescribed requirements, and

(b)the first appointments were to be made before that date.

(5)The initial instrument shall provide for the number of teacher governors to be such number (being either one or two) as is specified in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school.

225 Head teacher.E+W

(1)Subject to subsection (3), the instrument of government for the governing body of a grant-maintained school shall provide for the governing body to include (as a governor ex officio) the person who is for the time being the head teacher.

(2)In the case of a governing body incorporated in pursuance of proposals for acquisition of grant-maintained status, the reference in subsection (1) to the head teacher is, in relation to any time before the date of implementation of the proposals, a reference to the existing head teacher.

(3)In the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school, the initial instrument of government for the school shall provide, in relation to any time before the date of implementation of the proposals when a person has been appointed to be the head teacher, for the governing body to include (as a governor ex officio) that person.

226 First governors.E+W

(1)The instrument of government for the governing body of a grant-maintained school which—

(a)is a county school immediately before it becomes grant-maintained, or

(b)is established in pursuance of proposals published under section 211,

shall provide for the governing body to include first governors.

(2)The instrument shall provide for such number of first governors as will secure that they outnumber the other governors.

(3)Subject to subsections (5) and (6), the instrument—

(a)shall require—

(i)at least two of the first governors to be (on the date or dates on which they respectively take office) parents of registered pupils at the school, and

(ii)at least two of the first governors to be (on the date or dates on which they respectively take office) members of the local community,

but one person may satisfy both requirements, and

(b)shall require the governing body, in appointing first governors, to secure that those governors include persons appearing to them to be members of the local business community (and such persons may also satisfy one or both of the requirements of paragraph (a)(i) and (ii)).

(4)The initial instrument shall provide for the number of first governors to be such number (being a number which will secure that they will outnumber the other governors) as is specified in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school.

(5)In the case of a grant-maintained school which is a county school immediately before it becomes grant-maintained, the instrument shall, despite subsection (3), have effect in relation to the determination of initial first governors—

(a)as if—

(i)it required the first governors to include at least two persons who on the date of their selection or nomination are parents of registered pupils at the school, and

(ii)it required the first governors to include at least two persons who appear to those selecting or nominating them to be members of the local community,

but provided that one person might satisfy both requirements, and

(b)as if it required the first governors to include persons who appear to those selecting or nominating them to be members of the local business community (and provided that such persons might also satisfy one or both of the requirements of paragraph (a)(i) and (ii) above).

(6)In the case of a grant-maintained school established in pursuance of proposals published under section 211—

(a)any provision of the instrument made by virtue of subsection (3)(a)(i) shall not apply in relation to the appointment before the date of implementation of the proposals of any first governor, and

(b)any provision of the instrument made by virtue of subsection (3)(b) shall apply as if references to the governing body were references to the funding authority.

(7)References in this section to governors other than first governors do not include sponsor governors.

227 Power of the Secretary of State to replace first governors.E+W

(1)The instrument of government for the governing body of a grant-maintained school which—

(a)is a county school immediately before it becomes grant-maintained, or

(b)is established in pursuance of proposals published under section 211,

shall provide for the Secretary of State to have power, where any of subsections (2) to (4) apply, to replace all or any of the first governors.

(2)This subsection applies where the governing body have been guilty of substantial or persistent failure to comply or secure compliance with any requirement imposed by or under any enactment.

(3)This subsection applies where—

(a)there is a report of an inspection of the school in which the person who made it expressed the opinion that special measures were required to be taken in relation to the school,

(b)either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

(c)if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school under Part I of the M41School Inspections Act 1996, he did not express the opinion in the report that special measures were not required to be taken in relation to the school, and

(d)the Secretary of State has received a statement prepared under section 17 of that Act or the period allowed by subsection (2) of that section for the preparation of such a statement has expired;

and expressions used in this subsection and in that Act have the same meaning as in that Act.

(4)This subsection applies where in the opinion of the Secretary of State any action taken or proposed by the governing body of the school, or any failure of the governing body to act, is prejudicial to the provision of education by the school.

(5)The instrument of government for a grant-maintained school which—

(a)is a county school immediately before it becomes grant-maintained, or

(b)is established in pursuance of proposals published under section 211,

shall enable the Secretary of State to make such provision as he thinks fit for filling vacancies for first governors if it appears to him that the governing body are unable or unwilling to fill the vacancies.

(6)Any provision made by the instrument of government in pursuance of section 226(3) shall not apply for the purposes of the appointment by virtue of this section of any first governor.

Annotations:

Marginal Citations

228 Foundation governors.E+W

(1)The instrument of government for the governing body of a grant-maintained school which—

(a)is a voluntary school immediately before it becomes grant-maintained, or

(b)is established in pursuance of proposals published under section 212,

shall provide for the governing body to include foundation governors.

(2)The instrument shall provide for such number of foundation governors as will secure that they outnumber the other governors.

(3)Subject to subsection (5), the instrument may provide for any foundation governorship to be held ex officio.

(4)Subject to subsection (7), the instrument—

(a)where it provides for a foundation governorship to be held ex officio, shall specify the office the holder of which is to be a foundation governor, and

(b)shall name the person or persons (if any) who are entitled to appoint any foundation governor.

(5)An additional foundation governor appointed by virtue of provision made in the instrument of government in pursuance of section 230(2) may not be appointed to hold office ex officio.

(6)Subject to subsections (8) and (9), the instrument shall provide for at least two of the foundation governors to be (on the date or dates on which they respectively take office) parents of registered pupils at the school.

(7)The initial instrument shall—

(a)provide for the number of foundation governors to be such number (being a number which will secure that they will outnumber the other governors) as is specified;

(b)(in the case of a grant-maintained school which is a voluntary school immediately before it becomes grant-maintained) provide for the person or persons who, immediately before the incorporation date, were named in the school’s instrument of government as being entitled to appoint foundation governors (as defined by section 78(2)) to the existing governing body to be entitled to appoint the foundation governors for the governing body of the grant-maintained school;

(c)(in the case of a grant-maintained school established in pursuance of proposals under section 212) provide for the promoters to be entitled to appoint the foundation governors;

(d)(where the instrument provides for a foundation governorship to be held ex officio) provide for it to be held by the holder of a specified office;

and in this subsection “specified” means specified in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school.

(8)In the case of a grant-maintained school which is a voluntary school immediately before it becomes grant-maintained, the instrument shall (despite anything in subsection (6)) have effect in relation to the determination of initial foundation governors as if it provided for the foundation governors to include at least two persons who on the date of their selection or appointment are parents of registered pupils at the school.

(9)In the case of a grant-maintained school established in pursuance of proposals published under section 212, subsection (6) above shall not apply in relation to the appointment of any foundation governor before the date of implementation of the proposals.

229 Sponsor governors.E+W

(1)The instrument of government for the governing body of a grant-maintained secondary school may—

(a)name a person as a sponsor of the school, and

(b)provide for the governing body to include such number of sponsor governors, not exceeding four, as is specified in the instrument.

(2)Where a governing body of a school are to be incorporated in pursuance of proposals for acquisition of grant-maintained status, or proposals for the establishment of a new grant-maintained school, which name a person as a sponsor of the school, and the school is to be a secondary school, the initial instrument of government shall provide—

(a)for the person so named to be a sponsor of the school, and

(b)for the governing body to include such number of sponsor governors, not exceeding four, as is specified in the proposals.

(3)Where the instrument of government provides for two or more persons named as sponsors of the school in such proposals, or (as the case may be) in the instrument, to appoint governors—

(a)it shall provide for each sponsor to appoint such number of governors as is specified in relation to him in the proposals or (as the case may be) instrument, and

(b)it may not provide for any of those governors to be appointed by two or more sponsors acting jointly.

(4)In the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school which name a person as a sponsor of the school, the instrument of government shall have effect as if it required the first appointments of sponsor governors to be made before the date of implementation of the proposals.

230 Additional governors.E+W

(1)The instrument of government for the governing body of a grant-maintained school shall enable the Secretary of State to appoint not more than two additional governors if it appears to him that the governing body are not adequately carrying out their responsibilities in respect of the conduct or management of the school.

(2)The instrument shall enable the appointing authority, during any period when any additional governors appointed by the Secretary of State by virtue of subsection (1) are in office, to appoint a number of additional first or, as the case may be, foundation governors not greater than the number of additional governors appointed by the Secretary of State who are then in office.

(3)In subsection (2) “the appointing authority” means the person entitled to appoint the first or, as the case may be, foundation governors on the governing body or, if more than one person is so entitled, the persons so entitled acting jointly.

PowersE+W

231 Powers of governing body.E+W

(1)The governing body of a grant-maintained school incorporated in pursuance of proposals for acquisition of grant-maintained status may conduct a school of the same description as the school immediately before the date of implementation of the proposals.

(2)The governing body of a grant-maintained school incorporated in pursuance of proposals for the establishment of a new grant-maintained school may conduct a school of the description in the proposals.

(3)The school conducted by the governing body of a grant-maintained school shall not, where changes have been made in the character or premises of the school since the date of implementation of the proposals, be regarded as of a different description to that immediately before that date or, as the case may be, to that in the proposals if the changes—

(a)did not require authorisation under Chapter VII (alteration etc. of grant-maintained schools), or

(b)were authorised under that Chapter.

(4)Subject to subsections (6) and (7) and to any provision made by the instrument or articles of government, the governing body of a grant-maintained school may 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.

(5)The power conferred by subsection (4) includes in particular power—

(a)in the case of a grant-maintained school established in pursuance of proposals for acquisition of grant-maintained status, to assume the conduct, as from the date of implementation of the proposals, of the school as constituted immediately before that date;

(b)in the case of a grant-maintained school established in pursuance of proposals for the establishment of a new grant-maintained school, to conduct, as from the date of implementation of the proposals, a school of the description in the proposals;

(c)power to borrow such sums as the governing body think fit and, in connection with such borrowing, to grant any mortgage, charge or other security over any land or other property of the governing body;

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

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

(f)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 201; and

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

(6)The power to borrow sums and grant security mentioned in subsection (5)(c) may only be exercised with the written consent of the Secretary of State (which may be given for particular borrowing or for borrowing of a particular class); but this subsection does not apply in relation to loans under section 255.

(7)The power to dispose of land mentioned in subsection (5)(d) may only be exercised with the written consent of the Secretary of State.

(8)Without prejudice to subsection (4), but subject to any provision made by the instrument or articles of government, the governing body of a grant-maintained school may provide education at the school which is neither primary nor secondary education if—

(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 19,

(b)it is part-time education suitable to the requirements of junior pupils who have not attained the age of five and the school provides full-time education for junior pupils of the same age, or

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

232 Joint schemes.E+W

(1)Two or more grant-maintained schools may enter into a scheme under this section (referred to in this section and section 233 as a “joint scheme”).

(2)A joint scheme may—

(a)authorise or require the governing bodies of the schools to which the scheme applies to establish joint committees constituted in accordance with the scheme,

(b)provide for the meetings and proceedings of any joint committee so constituted, and

(c)authorise or require the governing bodies of the schools to which the scheme applies to delegate, in such circumstances as may be determined in accordance with the scheme, such of their functions as may be so determined to any joint committee so constituted.

(3)A scheme providing for any joint committee must provide for the committee—

(a)to consist only of persons who are governors of the schools to which the scheme applies, and

(b)to include a head teacher of one of those schools, a parent governor of one of those schools and a first or foundation governor of one of those schools.

(4)A joint scheme may authorise or require the governing bodies of the schools to which the scheme applies to exercise jointly, in such circumstances as may be determined in accordance with the scheme, such of their functions as may be so determined; but such a scheme may not provide for the joint exercise of any function relating to the employment of teachers unless it also provides for the establishment of a joint committee to exercise that function.

(5)In relation to any teacher employed in pursuance of a joint scheme, the M42School Teachers’ Pay and Conditions Act 1991 shall have effect as if he were employed by the joint committee required to be established under subsection (4) and that joint committee were the governing body of a grant-maintained school.

(6)A joint scheme shall provide for any expenses of exercising any functions in pursuance of the scheme.

(7)A joint scheme shall have effect despite anything contained (whether in pursuance of a requirement under this Act or otherwise) in the instrument or articles of government for any of the schools to which the scheme applies.

(8)A joint scheme shall not have effect in relation to any matter dealt with in any co-ordinated arrangements for admissions (within the meaning of section 430) contained in an agreement approved by the Secretary of State under that section or made in pursuance of a scheme under that section.

Annotations:

Marginal Citations

233 Making and varying joint schemes.E+W

(1)A joint scheme shall not come into force until it has been approved by the Secretary of State.

(2)A joint scheme shall provide for the scheme to cease to have effect where the governing bodies of all the schools to which the scheme applies agree.

(3)A joint scheme—

(a)may be varied by the governing bodies of all the schools to which the scheme applies if the variations are minor variations or the Secretary of State has approved the variations,

(b)if the Secretary of State so directs, shall be varied by the governing bodies in accordance with the direction, and

(c)if the Secretary of State so directs, shall cease to have effect.

(4)The Secretary of State may—

(a)approve a scheme, or variations, with such modifications as he thinks fit, or

(b)give a direction under subsection (3)(b) or (c),

only after proper consultations.

(5)In subsection (4) “proper consultations” means consultations with the governing bodies of every school—

(a)(in the case of a proposed scheme) to which the scheme will apply,

(b)(in the case of a variation) to which the scheme applies, or will apply after the variation, or

(c)(in the case of a direction for a scheme to cease to have effect) to which the scheme applies.

(6)The Secretary of State may by order specify what descriptions of variation are to be regarded as minor for the purposes of this section.

Schools acquiring grant-maintained status: determination etc. of initial governorsE+W

234 Determination of initial parent and teacher governors.E+W

(1)Where proposals are required to be published under section 193 in respect of a school, this section applies for the purpose of determining the persons who are to be named in the proposals as proposed initial governors of any elected category.

(2)The authority responsible for election arrangements shall secure that—

(a)any election or appointment required for filling any vacancy on the existing governing body occurring before the date of publication of the proposals (including any vacancy arising by virtue of section 235(1)), and

(b)any election or appointment required by subsection (7),

is held or made if possible before that date, and otherwise as soon as possible afterwards.

(3)Subject to subsection (4), any person who on the date of publication of the proposals is an eligible governor of an elected category on the existing governing body shall be named in the proposals as published as a proposed initial governor of that category.

(4)If the number of governors of any elected category to be specified in the proposals is less than the number which, on the date of publication of the proposals, will be the number of eligible governors of that category on the existing governing body, such of the eligible governors of that category as may before the date of publication of the proposals be determined—

(a)by agreement between them, or

(b)in default of agreement, by drawing lots,

shall be named in the proposals as published as the proposed initial governors of that category.

(5)The existing governing body shall secure that any persons required to be named in the proposals in accordance with subsection (4) are determined before the date of publication of the proposals.

(6)Subsection (7) applies if the number which is, or is to be, specified in the proposals of governors of any elected category is greater than the complement of eligible governors of that category on the existing governing body on the date of publication of the proposals; and for those purposes that complement is—

(a)the number (if any) of eligible governors of that category on the existing governing body, plus

(b)the number (if any) of outstanding vacancies for governors of that category on the existing governing body.

(7)The authority responsible for election arrangements shall secure that such number of persons are elected or appointed, by the procedure applicable under Chapter IV of Part II (government of LEA-maintained schools), to hold office on the proposed governing body as governors of that category as is required to make up the difference between the number specified or to be specified in the proposals and the complement of eligible governors of that category on the existing governing body.

(8)In a case to which subsection (7) applies, the persons to be named in the proposals as published as the proposed initial governors of the category concerned shall be—

(a)any eligible governor of that category, and

(b)any person elected or appointed under subsection (7) as an initial governor of that category before the date of publication of the proposals.

235 Section 234: supplementary provisions.E+W

(1)Subject to subsection (2), where the members of the existing governing body of a school to which section 234 applies include a person—

(a)who holds office as a governor of an elected category, and

(b)whose term of office is due to come to an end before the date of implementation of the proposals or at any time within the period of six months beginning with that date,

the governing body may by notice in writing to that person terminate his term of office on a date specified in the notice.

(2)The governing body may only terminate a person’s term of office under subsection (1) if—

(a)his term of office is due to come to an end after the proposed date of publication of the proposals, or

(b)it would not in their view be reasonably practicable, in the time available between the date on which his term of office is due to come to an end and the proposed date of publication of the proposals, to fill the vacancy by the procedure applicable under Chapter IV of Part II.

(3)Without prejudice to paragraph 11(1) of Schedule 8 (instrument of government for county, controlled or maintained special school to provide for four-year term of office for governors other than ex officio governors), the term of office of a person elected or appointed in accordance with the requirements of Chapter IV of Part II, and any requirements of the instrument of government of the school to fill a vacancy arising by virtue of subsection (1), shall be four years.

(4)Where any such election or appointment as is referred to in section 234(2) is held or made on or after the date of publication of the proposals, the existing governing body shall publish, at such time and in such manner as may be prescribed, notice of the election or appointment.

236 Determination of initial first or foundation governors.E+W

(1)Where proposals are required to be published under section 193 in respect of a county school, the existing governing body shall select the persons who are to be the initial first governors.

(2)Where proposals are required to be published under section 193 in respect of a voluntary school, the person or persons named in the school’s instrument of government as being entitled to appoint foundation governors (as defined by section 78(2)) to the existing governing body shall select the persons who are to be the initial foundation governors.

(3)The duties under subsections (1) and (2) are to be complied with, if possible, before the date of publication of the proposals and otherwise as soon as possible after that date.

(4)Any person selected under subsection (1) or (2) shall, if possible, be named in the proposals as published as a proposed initial first or, as the case may be, foundation governor.

(5)In the case of any person so selected who is not named in the proposals as published, the existing governing body shall—

(a)give the Secretary of State notice in writing of the relevant particulars in respect of the person selected before such date as may be specified in directions given by the Secretary of State, and

(b)publish at such time and in such manner as may be prescribed notice of his selection.

(6)Where the Secretary of State is notified of any particulars under subsection (5), he shall modify the proposals by including in them the particulars notified to him.

(7)The existing governing body shall secure that any selection required by subsection (2) is carried out in accordance with that subsection.

(8)Where any selection falls in accordance with subsection (2) to be made by two or more persons, it shall be made by those persons acting jointly; and if they fail to agree on the selection it shall be made by the Secretary of State or in accordance with directions given by him.

(9)Before selecting, or giving any direction as to the selection of, an initial foundation governor in a case where religious education in accordance with the tenets of a particular religion or religious denomination is given to pupils at the school in pursuance of section 377 or 378 (religious education at voluntary schools), the Secretary of State shall consult the persons appearing to him to be the appropriate authority of the religion or denomination concerned.

237 Replacement of proposed initial parent and teacher governors before incorporation.E+W

(1)This section applies where proposals published under section 193 are pending in respect of a school.

(2)If a person named in the proposals as a proposed governor of an elected category who has been elected under section 234 or this section—

(a)dies,

(b)becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or

(c)notifies the existing governing body that he is no longer willing to serve on the proposed governing body,

then, subject to subsection (3), the authority responsible for election arrangements in relation to the school shall secure that a person is elected or appointed by the procedure applicable under Chapter IV of Part II to hold office on the proposed governing body in his place.

(3)Where in a case to which subsection (2) applies the Secretary of State is satisfied that it would not be reasonably practicable to hold an election or make an appointment in accordance with that subsection in the time available, he shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body.

(4)If at any time a person named in the proposals as a proposed governor of an elected category who was so named by virtue of being an eligible governor of that category—

(a)ceases to hold office on the existing governing body,

(b)becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or

(c)notifies the existing governing body that he is no longer willing to serve on the proposed governing body,

the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body who is at that time an eligible governor of that category and who is neither named in the proposals nor prospectively disqualified as mentioned in paragraph (b).

(5)Where in a case to which subsection (4)(a) applies—

(a)there is no such eligible governor at the time in question, and

(b)the Secretary of State is satisfied that it would not be reasonably practicable in the time available before he determines the proposals to fill the vacancy on the existing governing body by the procedure applicable under Chapter IV of Part II,

the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body.

(6)Where in a case to which subsection (4)(b) or (c) applies there is no such eligible governor at the time in question, subsection (2) shall apply as if the former proposed governor had been elected under section 234.

(7)If a person named in the proposals as a proposed governor of an elected category who has been nominated by the existing governing body under this section—

(a)dies,

(b)becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or

(c)notifies the existing governing body that he is no longer willing to serve on the proposed governing body,

the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body.

(8)References in this section to a person named in the proposals include any person required to be so named.

(9)The existing governing body shall—

(a)give the Secretary of State notice in writing of the occurrence of any event within subsection (2), (4) or (7),

(b)make any nomination required for the purposes of this section, and

(c)give the Secretary of State notice in writing of the relevant particulars in respect of any person nominated by them under this section.

238 Replacement of proposed initial first or foundation governors before incorporation.E+W

(1)Where proposals published under section 193 are pending in respect of a county school and a person selected under section 236(1) to be a first governor—

(a)dies,

(b)becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or

(c)notifies the existing governing body that he is no longer willing to serve on the proposed governing body,

the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body.

(2)Where proposals published under section 193 are pending in respect of a voluntary school and a person selected under section 236(2) to be a foundation governor—

(a)dies,

(b)becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or

(c)notifies the existing governing body that he is no longer willing to serve on the proposed governing body,

the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the person or persons named in the school’s instrument of government as being entitled to appoint the foundation governors (as defined by section 78(2)) to the existing governing body.

(3)Subsections (8) and (9) of section 236 apply for the purposes of subsection (2) above as they apply for the purposes of that section, but as if references to selection were to nomination.

(4)The existing governing body shall—

(a)give the Secretary of State notice in writing of the occurrence of any event within subsection (1) or (2),

(b)make or secure the making of any nomination required for the purposes of this section, and

(c)give the Secretary of State written notification of the relevant particulars in respect of any person nominated under this section.

239 Elections and appointments required for determining initial governors of an elected category: supplementary provisions.E+W

(1)Paragraph 7 of Schedule 8 shall apply in relation to the election of a person under section 234 or 237 to hold office as an initial parent governor or an initial teacher governor as it applies in relation to the election of a parent governor or teacher governor to the existing governing body.

(2)Where the authority responsible for election arrangements in relation to a school to which section 234 applies is the local education authority, the existing governing body shall give notice in writing to the authority of the proposed date of publication of the proposals for acquisition of grant-maintained status for the school.

(3)Where the authority responsible for election arrangements in relation to a school to which section 234 or 237 applies is the local education authority, the existing governing body shall notify the authority in writing—

(a)of any election or appointment which appears to them to be required under section 234 or 237 in relation to the proposed governing body, and

(b)(if the number of eligible governors of any category on the existing governing body is for the time being less than the proposed number of initial governors of that category) of any vacancy on the existing governing body for a governor of that category.

(4)Where an election or appointment required for determining a proposed initial governor of any category is held or made at a time when proposals published under section 193 are pending in respect of the school, the existing governing body shall give the Secretary of State notice in writing of the relevant particulars in respect of the person elected or appointed.

(5)Where the Secretary of State is notified of any particulars under subsection (4), he shall modify the proposals by including in them the particulars notified to him (in substitution, where appropriate, for any particulars they supersede).

(6)For the purposes of subsection (4) an election or appointment is required for determining a proposed initial governor of any category if—

(a)it is required under section 234 or 237, or

(b)it is required for filling a vacancy on the existing governing body for a governor of that category and the number of eligible governors of that category on the existing governing body is for the time being less than the proposed number of initial governors of that category.

240 Initial sponsor governors.E+W

(1)In relation to any governing body to be incorporated under Chapter II in pursuance of proposals for acquisition of grant-maintained status which give the name of a sponsor of the school, regulations shall make provision—

(a)for the determination of the persons who are to be the initial sponsor governors, and

(b)for the persons so determined to be named in the proposals, whether as published or as modified in pursuance of the regulations.

(2)The regulations may in particular make provision corresponding to any of the provisions of sections 234 to 239.

New grant-maintained schools: determination etc. of initial governorsE+W

241 Initial governors for new grant-maintained schools.E+W

(1)This section applies in relation to any governing body to be incorporated under Chapter IV.

(2)Regulations shall make provision for the appointment of the persons who are to be the initial governors and, in particular, shall require each appointing authority—

(a)to obtain the Secretary of State’s consent before making any appointment, and

(b)to notify the Secretary of State before the incorporation date of the appointments to all the initial governorships for which the authority is the appointing authority.

(3)In subsection (2) the “appointing authority”, in relation to any appointment, means the person entitled to make the appointment.

General and supplementaryE+W

242 Saving for defects in selection or nomination.E+W

(1)The proceedings of the governing body of a grant-maintained school shall not be invalidated by any defect in any procedure required under this Chapter in relation to the determination of any person to hold office as an initial governor.

(2)This section is without prejudice to the generality of paragraph 11 of Schedule 22.

243 Chapter V: interpretation.E+W

(1)This section applies for the purposes of this Chapter.

(2)References to the authority responsible for election arrangements in relation to a school are references to the authority or body by whom all necessary arrangements for any election of parent governors or teacher governors to the governing body of the school fall to be made under paragraph 7(3) of Schedule 8 (such arrangements to be made by the local education authority or the school’s governing body depending on the type of school).

(3)References, in relation to a vacancy for a governor of an elected category on the existing governing body of a school in respect of which proposals are required to be or have been published under section 193 and in sections 234(7) and 237(2), to the procedure applicable under Chapter IV of Part II are references—

(a)except where any provision made by virtue of section 81 (appointment of parent governors by governing body) applies, to the holding of an election under that Chapter, and

(b)where any such provision applies, to the making of an appointment in accordance with that provision.

(4)A person named in proposals for acquisition of grant-maintained status in respect of a school as a proposed initial governor of any category shall be treated as becoming prospectively disqualified for holding office as such a governor on the proposed governing body if an event occurs in relation to him which, if—

(a)it had occurred on or after the incorporation date, and

(b)the instrument prescribed under section 219 for the governing bodies of schools of the kind in question had then been in force,

would have caused him to become disqualified for holding such office.

Chapter VIE+W Funding of grant-maintained schools

Grants: generalE+W

244 Maintenance grants.E+W

(1)Subject to the provisions of this Part, the funding authority shall make annual grants (known as maintenance grants) to the governing body of each grant-maintained school, each such grant being made 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 the grant relates.

(2)The amount of the maintenance grant payable in respect of a school for a financial year shall be such as may be determined (and from time to time revised) in accordance with regulations (referred to in this Chapter as “grant regulations”); and grant regulations may provide for determinations (and revisions) to be made by reference to amounts determined or redetermined for the purposes of this section by the Secretary of State.

(3)Subject to—

(a)any provision made by virtue of section 232(6),

(b)any requirements imposed by the funding authority under section 247(1), and

(c)any requirements as to the application of maintenance grant contained in the articles of government of the school,

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

(4)In this Chapter “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 19.

245 Special purpose grants.E+W

(1)Grant regulations may provide for the payment by the funding authority to the governing bodies of grant-maintained schools of grants (known as special purpose grants) in respect of expenditure, of any class or description specified in the regulations, incurred or to be incurred by the governing bodies—

(a)for or in connection with educational purposes of any class or description so specified,

(b)in making any provision (whether of educational services or facilities or otherwise) of any class or description so specified which appears to the funding authority to be required for meeting any special needs of the population of the area served by the schools in question, or

(c)in respect of expenses of any class or description so specified, being expenses which it appears to the funding authority the governing bodies of such schools cannot reasonably be expected to meet from maintenance grant.

(2)Grant regulations may provide for special purpose grants to be payable—

(a)on a regular basis in respect of expenditure of a recurrent kind, or

(b)by reference to expenditure incurred or to be incurred on particular occasions or during any particular period.

Annotations:

Modifications etc. (not altering text)

C30S. 245 applied (with modifications) (1.3.1999) by S.I. 1999/274, reg. 2

246 Capital grants.E+W

(1)Grant regulations may provide for the payment by the funding authority to the governing bodies of grant-maintained schools of grants (known as capital grants) in respect of expenditure of a capital nature, of any class or description specified in the regulations, incurred or to be incurred by the governing bodies.

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

(3)Where the governing body of a grant-maintained school include sponsor governors, the funding authority shall, if directed to do so by the Secretary of State, pay capital grant of such amount as may be specified in the directions in respect of such expenditure falling within subsection (1) as is incurred, or to be incurred, by the governing body for such purposes as may be specified in the directions.

(4)Before giving a direction under subsection (3), the Secretary of State shall consult the funding authority.

(5)A direction under subsection (3) may not be given after the end of the period of twelve months beginning—

(a)(in the case of a governing body incorporated in pursuance of proposals for acquisition of grant-maintained status which include sponsor governors on the incorporation date) with that date,

(b)(in the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school which include sponsor governors on the date of implementation of the proposals) with that date, and

(c)(in any other case) with the date when the instrument of government naming a person as the sponsor of the school came into effect.

Annotations:

Modifications etc. (not altering text)

C31S. 246 modified (20.11.1998) by S.I. 1998/2670, reg. 7(1)

247 Imposition of requirements on governing body in receipt of grant.E+W

(1)A governing body to whom any payments in respect of maintenance grant, capital grant or special purpose grant are made shall comply with such requirements of a kind mentioned in subsection (2) as the funding authority may from time to time impose.

(2)The kinds of requirements which may be imposed under subsection (1) are—

(a)requirements specified in grant regulations as requirements which may be imposed by the funding authority on governing bodies to whom such payments are made, and

(b)requirements determined in accordance with grant regulations by the funding authority.

(3)Requirements imposed under subsection (1)—

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

(b)subject to subsection (4), may at any time be varied by the funding authority.

(4)The power of the funding authority to vary such a requirement—

(a)does not apply to a requirement of the kind mentioned in subsection (2)(a), or a requirement required to be imposed by the regulations (by virtue of subsection (9)) or by directions under section 24, unless the Secretary of State has consented to the variation, and

(b)is subject, in the case of a requirement of the kind mentioned in subsection (2)(b), to the provisions of the regulations relating to the determination of the requirements that may be imposed in the case of payments in respect of the grant in question.

(5)Requirements imposed under subsection (1) may at any time be waived or removed by the funding authority with the consent of the Secretary of State.

(6)The requirements 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 grant or capital grant may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the funding authority of the whole or any part of the following amount.

(7)That amount is—

(a)the amount of the payments made in respect of the grant, or

(b)so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,

whichever is the greater.

(8)No such requirement as is referred to in subsection (6) may be imposed where any payment is made in respect of capital grant if—

(a)the grant is made in respect of the provision, alteration or repair of premises for a school, and

(b)any freehold interest in the premises in respect of which the grant is made is, or is to be, held on trust for the purposes of the school.

(9)Grant regulations may require the funding authority to impose any such requirements as may be imposed under the preceding provisions of this section.

Annotations:

Modifications etc. (not altering text)

C32S. 247 modified (20.11.1998) by S.I. 1998/2670, reg. 7(2)

S. 247 applied (with modifications) (1.3.1999) by S.I. 1999/274, regs. 3, 4

248 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 a grant-maintained school in respect of any financial year,

(b)special purpose grant, and

(c)capital grant,

shall be such as may be determined from time to time by the funding authority.

(2)Payments in respect of maintenance grant for a 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 the school, by reference to an estimate of the amount which will be so payable made by the funding authority.

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

(4)Where a sum is payable by the governing body of a school to the funding authority—

(a)in respect of an over-payment of maintenance grant in respect of a financial year, or

(b)by way of repayment of special purpose grant or capital grant (whether by virtue of a requirement such as is mentioned in section 247(6) or otherwise),

the funding authority 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 them to the governing body.

(5)In this section references to an over-payment of maintenance grant in respect of a financial year are 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 question in respect of the 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.

(6)The funding authority shall exercise any power conferred on them by this section, by any of sections 216 and 244 to 247, or by paragraph 6 of Schedule 21 in such manner (if any) as may be specified in or determined in accordance with grant regulations.

Annotations:

Modifications etc. (not altering text)

C33S. 248(1)-(4) modified (20.11.1998) by S.I. 1998/2670, reg. 7(3)

C34S. 248(1)(4) applied (with modifications) (1.3.1999) by S.I. 1999/274, reg. 5

Grants: Wales (until establishment of the SFCW)E+W

249 Application of sections 250 to 254.E+W

Before the Schools Funding Council for Wales begin to exercise their functions, sections 250 to 254 shall have effect in relation to grant-maintained schools in Wales in place of sections 244(1) and (3), 245(1), 246(1), 247 and 248.

250 Maintenance grants.E+W

(1)Subject to the provisions of this Part, the Secretary of State shall make annual grants (known as maintenance grants) to the governing body of each grant-maintained school, each such grant being made 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 the grant relates.

(2)Subject to—

(a)any provision made by virtue of section 232(6),

(b)any requirements imposed by the Secretary of State under section 253(1) or (3), and

(c)any requirements as to the application of maintenance grant contained in the articles of government of the school,

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

251 Special purpose grants.E+W

Grant regulations may provide for the payment by the Secretary of State to the governing bodies of grant-maintained schools of grants (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—

(a)for or in connection with educational purposes of any class or description so specified,

(b)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

(c)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.

252 Capital grants.E+W

Grant regulations may provide for the payment by the Secretary of State to the governing bodies of grant-maintained schools of grants (known as capital grants) in respect of expenditure of a capital nature, of any class or description specified in the regulations, incurred or to be incurred by the governing bodies.

253 Imposition of requirements on governing body in receipt of grant.E+W

(1)A governing body to whom any payments in respect of maintenance grant or special purpose grants are made shall comply with such requirements of a kind mentioned in subsection (2) as the Secretary of State may from time to time impose.

(2)The kinds of requirements which may be imposed under subsection (1) are—

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

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

(3)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.

(4)Requirements imposed under subsection (1) or (3)—

(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 (5), varied by the Secretary of State.

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

(a)does not apply to a requirement of the kind mentioned in subsection (2)(a), and

(b)is subject, in the case of a requirement of the kind mentioned in subsection (2)(b), to the provisions of the regulations relating to the determination of the requirements that may be imposed in the case of payments in respect of the grants in question.

(6)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 grant, or

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

may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the Secretary of State of the whole or any part of the following amount.

(7)That amount is—

(a)the amount of the payments made in respect of the grant, or

(b)so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,

whichever is the greater.

(8)No such requirement as is referred to in subsection (6) may be imposed where any payment is made in respect of capital grant if—

(a)the grant is made in respect of the provision, alteration or repair of premises for a school, and

(b)any freehold interest in the premises in respect of which the grant is made is, or is to be, held on trust for the purposes of the school.

254 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 a 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 a 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 the 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 an over-payment of maintenance grant is made to the governing body of 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 a sum is payable by the governing body of a school to the Secretary of State—

(a)in respect of an over-payment of maintenance grant in respect of a financial year, or

(b)by way of repayment of special purpose grant or capital grant (whether by virtue of a requirement such as is mentioned in section 253(6) 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)In this section references to an over-payment of maintenance grant in respect of a financial year are 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 question in respect of the 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.

LoansE+W

255 Loans to governing bodies.E+W

(1)The appropriate authority may make loans to the governing bodies of grant-maintained schools in respect of expenditure of any class or description specified in regulations (“loan regulations”) incurred or to be incurred by the governing bodies for or in connection with such purposes as may be so specified.

(2)Any loan under this section shall be made on such terms as loan regulations may require, being terms specified in or determined in accordance with the regulations.

(3)Where any sum is payable by the governing body of a grant-maintained school to the appropriate authority in respect of the principal of, or interest on, any loan under this section, the appropriate authority 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 them to the governing body.

(4)In this section “the appropriate authority”—

(a)in relation to Wales before the Schools Funding Council for Wales begin to exercise their functions, means the Secretary of State, and

(b)in any other case, means the funding authority.

(5)The funding authority shall exercise any power conferred on them by this section in such manner (if any) as may be specified in or determined in accordance with loan regulations.

Recovery from local fundsE+W

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

(1)Where the Secretary of State so determines, this section applies to a local education authority in respect of any financial year for which the determination is made; and the determination may apply this section in respect of all grant-maintained schools in the area of the authority or in respect of such grant-maintained schools in that area as may be ascertained by or in accordance with the determination.

(2)The Secretary of State shall, in respect of each financial year for which he makes a determination under subsection (1) in respect of a local education authority, give notice in writing to the authority of the terms of the determination.

(3)The Secretary of State may, in the case of a local education authority to which this section applies in respect of any financial year, recover from the authority sums in respect of the maintenance grant payable for that year to the governing bodies of any grant-maintained schools in respect of which the determination applies.

(4)Subject to subsection (5), sums recoverable by virtue of this section in respect of a 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.

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

(a)which has previously been determined under section 257 as the total amount recoverable in respect of the school and financial year in question, or

(b)(where no amount has previously been determined as mentioned in paragraph (a)) which is estimated by the Secretary of State as the amount which will initially be determined under section 257 as the total amount recoverable in respect of the school and financial year in question,

and 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)The Secretary of State may recover sums due to him under this section in either or both of the following ways—

(a)by requiring the local education 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 (whenever passed) or from any amount payable by him to the authority under Part III of Schedule 8 to the M43Local Government Finance Act 1988 (redistributed non-domestic rates).

Annotations:

Modifications etc. (not altering text)

C35S. 256 restricted (1.4.1997) by S.I. 1997/599, reg. 24(1)

Marginal Citations

257 Determination of total amount recoverable under section 256.E+W

(1)The total amount recoverable by virtue of section 256 in respect of 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 (“recoupment regulations”).

(2)Subject to any provision made by such regulations by virtue of subsection (3), 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).

(3)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 local education authority by virtue of section 256 for a financial year by reference to any excess amounts recovered under that section in respect of any previous financial year.

(4)For the purposes of subsection (3) an excess amount is recovered under section 256 in respect of a financial year if the aggregate amount of the sums recovered under that section for that year from the local education authority—

(a)in respect of any school in respect of which sums are recoverable from the authority under that 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 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.

258 Provisions consequential on section 256.E+W

(1)For the purposes of sections 492 and 493 (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 which is not made by the local education authority shall, if sums are recoverable under section 256 in respect of the school and that year from the authority, be taken to have been made by them.

(2)The reference in subsection (1) to provision for education includes a reference to provision of any benefits or services for which provision is made by or under this Act or any other enactment relating to education.

(3)The governing body of a grant-maintained school shall, if sums are recoverable under section 256 in respect of the school from a local education authority, provide the authority with such information relating to the registered pupils at the school as the authority may require for the purpose of claiming any amount in respect of such a pupil from another authority by virtue of regulations under section 492 or 493.

Chapter VIIE+W Alteration etc. of grant-maintained schools

259 Proposals for change of character etc. by governing body.E+W

(1)Subject to subsection (2), where the governing body of a grant-maintained school intend to make a significant change in the character, or a significant enlargement of the premises, of the school or to transfer the school to a new site they shall—

(a)publish proposals for that purpose in such manner as may be prescribed, and

(b)submit to the Secretary of State a copy of the published proposals.

(2)No proposals shall be published under this section for the purpose of making a significant change in the religious character of a school unless the trustees under any trust deed relating to the school have given their consent in writing to the change in question; and the requirement to publish proposals under subsection (1) does not apply in relation to a transfer of a school to a new site if it is intended to return to the existing site within three years of the time of the transfer.

(3)Before publishing any proposals under this section, the governing body shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection, the governing body shall have regard to any guidance given to them from time to time by the Secretary of State.

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

(a)of the proposed time or times of implementation of the proposals, and

(b)of the number of pupils proposed 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,

and, if pupils are proposed to be admitted for nursery education, shall give the prescribed information.

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

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

(b)explains the effect of subsection (6).

(6)Within the period of two months beginning with the date of publication of the proposals, objections to the proposals may be submitted to the Secretary of State by any of the following—

(a)any ten or more local government electors for the area,

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

(c)the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the M44Further and Higher Education Act 1992 applies), and

(d)any local education authority concerned.

(7)Where the proposals are to transfer a school to a site in a different area, objections under subsection (6) to the proposals may also be submitted by any ten or more local government electors for that area.

(8)No decision taken at a meeting of the governing body of a grant-maintained school that would result in the publication of proposals under this section shall have effect unless it is confirmed at a second meeting of the governing body held not less than 28 days after the first.

Annotations:

Marginal Citations

260 Proposals for change of character etc. by funding authority.E+W

(1)This section has effect in respect of the area of a local education authority if an order under section 27(1) applies to the area.

(2)Where the funding authority are of the opinion that—

(a)a significant change should be made in the character of a grant-maintained school,

(b)a significant enlargement of the premises of such a school should be made, or

(c)such a school should be transferred to a new site in the area or in another area to which an order under section 27(1) applies,

they may publish proposals for that purpose in such manner as may be prescribed and submit a copy of the published proposals to the Secretary of State.

(3)No proposals shall be published under this section for the purpose of making a significant change in the religious character of a school; and subsection (2) does not apply in relation to a transfer of a school to a new site if it is intended to return to the existing site within three years of the time of the transfer.

(4)Before publishing any proposals under this section the funding authority shall consult—

(a)such persons as appear to them to be appropriate, and

(b)(in the case of a Church of England, Church in Wales or Roman Catholic Church school having any foundation governor who is appointed by the appropriate diocesan authority) that authority;

and in discharging their duty under paragraph (a) the funding authority shall have regard to any guidance given to them from time to time by the Secretary of State.

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

(a)of the proposed time or times of implementation of the proposals, and

(b)of the number of pupils proposed 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,

and, if pupils are proposed to be admitted for nursery education, shall give the prescribed information.

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

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

(b)explains the effect of subsection (7).

(7)Within the period of two months beginning with the date of publication of the proposals, objections to the proposals may be submitted to the funding authority by any of the following—

(a)any ten or more local government electors for the area,

(b)the governing body of the school to which the proposals relate,

(c)the governing body of any other school affected by the proposals,

(d)the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the M45Further and Higher Education Act 1992 applies), and

(e)any local education authority concerned.

(8)Where the proposals are to transfer a school to a site in a different area, objections under subsection (7) to the proposals may also be submitted by any ten or more local government electors for that area.

(9)Not later than one month after the end of that period, the funding authority shall send to the Secretary of State copies of all such objections made (and not withdrawn in writing) together with their observations on them.

Annotations:

Marginal Citations

261 Approval, adoption or rejection of proposals.E+W

(1)Proposals published under section 259 require the approval of the Secretary of State.

(2)Proposals published under section 260 require the approval of the Secretary of State if—

(a)he gives notice to that effect to the funding authority within two months after the submission to him of the published proposals, or

(b)objections have been made under subsection (7) of that section within the period allowed under that subsection (unless all objections so made have been withdrawn in writing within that period).

(3)Where under subsection (1) or (2) any proposals require the approval of the Secretary of State, he may—

(a)reject them,

(b)approve them without modification, or

(c)after consulting the governing body (and, in the case of proposals published under section 260, the funding authority) approve them with such modifications as he thinks desirable.

(4)Where proposals published under section 260 do not require the approval of the Secretary of State, the funding authority shall determine whether to adopt the proposals.

(5)The funding authority shall—

(a)make any determination under subsection (4) not later than four months after the publication of the proposals, and

(b)give notice in writing to the Secretary of State and the governing body of their determination.

262 Approval of school premises.E+W

(1)Where the governing body of a grant-maintained school publish proposals under section 259, they shall, if the funding authority so direct, submit to the authority, at such time and in such form and manner as the authority may direct, the particulars mentioned in subsection (3); and particulars so submitted require the approval of the funding authority under this section.

(2)Where the funding authority publish proposals under section 260, they shall, if in their opinion the circumstances so require, prepare the particulars mentioned in subsection (3); and particulars so prepared require adoption by the funding authority under this section.

(3)The particulars are—

(a)particulars of the provision made or to be made in respect of the means of access to and within the premises or proposed premises of the school, and

(b)such other particulars in respect of the premises or proposed premises of the school as the funding authority may require or, in the case of proposals published under section 260, as may be required.

(4)The particulars prepared or submitted under subsection (3)(a) shall indicate the extent to which the provision referred to conforms with the minimum requirements, so far as they are relevant to school premises, of—

(a)Design Note 18 “Access for Disabled People to Educational Buildings” published in 1984 on behalf of the Secretary of State, or

(b)(if that Note has been replaced by a document prescribed by regulations made or having effect as if made under the M46Town and Country Planning Act 1990) that document.

Annotations:

Modifications etc. (not altering text)

C36S. 262 modified (1.4.1999) by S.I. 1999/704, reg. 5

Marginal Citations

263 Implementation of proposals, etc.E+W

(1)Where any proposals are approved or adopted under section 261, it shall be the duty of the governing body of the school to which the proposals relate to implement them.

(2)Proposals required to be implemented under this section shall be implemented in accordance with any particulars approved or adopted under section 262.

(3)The Secretary of State may, at the request of a governing body, modify any proposals published under section 259 which the governing body are required to implement under this section.

(4)The Secretary of State may—

(a)at the request of a governing body, or

(b)at the request of the funding authority and after consulting the governing body,

modify any proposals published under section 260 which the governing body are required to implement under this section.

(5)Neither the governing body of a grant-maintained school nor any other person shall make any significant change in the character, or significant enlargement of the premises, of the school or transfer the school to a new site, or undertake to do any of those things, unless proposals have been published under section 259 or 260 and any requirements of section 261 have been complied with.

(6)Subsection (5) does not—

(a)prevent the Secretary of State allowing such steps to be taken by the governing body of a grant-maintained school, pending compliance with those requirements and the giving or making of the approval or adoption, as the Secretary of State considers reasonable in the circumstances, or

(b)apply to any transfer of a school to a new site falling within section 259(2) or 260(3).

264 Power to transfer functions under preceding provisions etc.E+W

(1)The Secretary of State may by order provide for this Part to have effect with the modifications in subsections (2) to (7) in relation to any proposals published by the governing body of a grant-maintained school under section 259 after the coming into force of the order.

(2)The governing body shall submit a copy of the proposals to the funding authority as well as to the Secretary of State.

(3)Any objections under subsection (6) of that section to the proposals shall be submitted to the funding authority instead of to the Secretary of State.

(4)If any objection is made under subsection (6) of that section within the period allowed under that subsection and not withdrawn in writing within that period, then, not later than one month after the end of that period—

(a)the funding authority shall send to the Secretary of State copies of all such objections made (and not withdrawn in writing) together with their observations on them, and

(b)may themselves submit to the Secretary of State an objection to the proposals.

(5)Sections 261(1) and 263(3) shall not apply to the proposals unless—

(a)the Secretary of State gives notice to the funding authority within two months after the submission to him of the published proposals that the proposals require his approval, or

(b)objections have been made under subsection (6) of section 259 within the period allowed under that subsection (unless all objections so made have been withdrawn in writing within that period).

(6)Where sections 261(1) and 263(3) do not apply to the proposals—

(a)the proposals shall require the approval of the funding authority,

(b)the funding authority may reject them, approve them without modification or, after consulting the governing body, approve them with such modifications as they think desirable, and

(c)where the governing body are required to implement the proposals under section 263, the funding authority may at their request modify the proposals.

(7)Paragraph 20 of Schedule 4 shall not apply in relation to the proposals.

(8)In this Part—

(a)references to approval under, or the requirements of, section 261 include approval under, or the requirements of, this section, and

(b)references to the modification of proposals under section 263(3) include the modification of proposals under subsection (6)(c).

(9)This section does not apply to proposals published under section 198 (to which this Chapter is applied by subsection (3) of that section); and section 263(3) is not disapplied by this section in the case of proposals treated for the purposes of this Part (by virtue of section 37(9) or 43(6)) as if they had been approved under section 261.

265 Proposals for change of character approved before school becomes grant-maintained.E+W

(1)This section applies where—

(a)proposals for a change in the character or an enlargement of the premises of a county or voluntary school, or for the transfer of a county or voluntary school to a new site, have been approved under section 35 or 41, and

(b)the school becomes a grant-maintained school before the proposals are implemented.

(2)The proposals—

(a)shall be treated for the purposes of this Part as if they had been published under section 260 and approved under section 261, and

(b)shall be implemented in accordance with any particulars approved under section 39 or (as the case may be) 44.

(3)Subsection (2) is subject to section 210.

266 Chapter VII: interpretation.E+W

(1)References in this Part to a change in the character of a school do not include any change resulting only from persons beginning or ceasing to be provided with—

(a)part-time education suitable to the requirements of persons of any age over compulsory school age,

(b)part-time education suitable to the requirements of junior pupils who have not attained the age of five where the school provides full-time education for junior pupils of the same age, or

(c)full-time education suitable to the requirements of persons who have attained the age of 19.

(2)Where proposals for a significant change in the character, or significant enlargement of the premises, of a school or for the transfer of a school to a new site have been approved or adopted under section 261, references in this Chapter to the proposals are references to the proposals as approved or adopted, subject to any modifications of the proposals under section 263(3) or (4).

Chapter VIIIE+W Discontinuance of grant-maintained schools

Proposals for discontinuanceE+W

267 Proposals by governing body for discontinuance.E+W

(1)The governing body of a grant-maintained school may publish proposals under this section for the discontinuance of the school if they—

(a)decide by a resolution passed at a meeting of that body to publish such proposals, and

(b)confirm that decision by a resolution passed at a subsequent meeting of the governing body held not less than 28 days after that at which the first resolution was passed.

(2)Before passing such a resolution as is mentioned in subsection (1)(a), the governing body shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the governing body shall have regard to any guidance given to them from time to time by the Secretary of State.

(3)The governing body shall, as soon as practicable after the passing of the second resolution, give notice in writing of the second resolution to the local education authority.

(4)The governing body may, within the period of six months beginning with the date of the second resolution, publish proposals for the discontinuance of the school in such manner as may be prescribed and, where they do so, shall submit to the Secretary of State a copy of the published proposals.

(5)The published proposals shall specify the proposed date of discontinuance of the school.

(6)The published proposals shall be accompanied by a statement—

(a)indicating whether or not there are any proposals for the premises of the school to be used by any new or existing school, and

(b)explaining the effect of subsection (7).

(7)Within the period of two months beginning with the date of publication of the proposals, objections to the proposals may be submitted to the Secretary of State by any of the following—

(a)any ten or more local government electors,

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

(c)the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the M47Further and Higher Education Act 1992 applies), and

(d)any local education authority concerned.

Annotations:

Marginal Citations

268 Proposals by funding authority for discontinuance.E+W

(1)This section has effect in respect of the area of a local education authority if an order under section 27(1) applies to the area.

(2)The funding authority may publish, in such manner as may be prescribed, proposals for the discontinuance of any grant-maintained school and, where they do so, shall submit to the Secretary of State a copy of the published proposals.

(3)The published proposals shall specify the proposed date of discontinuance of the school.

(4)Before publishing any proposals under this section the funding authority shall consult—

(a)such persons as appear to them to be appropriate, and

(b)(in the case of a Church of England, Church in Wales or Roman Catholic Church school having any foundation governor who is appointed by the appropriate diocesan authority) that authority;

and in discharging their duty under paragraph (a) the funding authority shall have regard to any guidance given to them from time to time by the Secretary of State.

(5)The published proposals shall be accompanied by a statement—

(a)indicating whether or not there are any proposals for the premises of the school to be used by any new or existing school, and

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

(6)Within the period of two months beginning with the date of publication of the proposals, objections to the proposals may be submitted to the funding authority by any of the following—

(a)any ten or more local government electors,

(b)the governing body of the school to which the proposals relate,

(c)the governing body of any school affected by the proposals,

(d)the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the Further and Higher Education Act 1992 applies), and

(e)any local education authority concerned.

(7)Not later than one month after the end of that period, the funding authority shall send to the Secretary of State copies of all such objections made (and not withdrawn in writing) together with their observations on them.

269 Approval, adoption or rejection of proposals.E+W

(1)Proposals published under section 267 require the approval of the Secretary of State.

(2)Proposals published under section 268 require the approval of the Secretary of State if—

(a)he gives notice to that effect to the funding authority within two months after the submission to him of the published proposals, or

(b)objections have been made under subsection (6) of that section within the period allowed under that subsection (unless all objections so made have been withdrawn in writing within that period).

(3)Where under subsection (1) or (2) any proposals require the approval of the Secretary of State, he may—

(a)reject them,

(b)approve them without modification, or

(c)after consulting the governing body (and, in the case of proposals published under section 268, the funding authority) approve them with the substitution of a different date for the date of discontinuance proposed.

(4)Where the Secretary of State approves any such proposals he shall give notice in writing of that fact and of the discontinuance date to the governing body and (except where the school is in Wales and the Schools Funding Council for Wales have not begun to exercise their functions) the funding authority.

(5)Where proposals published under section 268 do not require the approval of the Secretary of State, the funding authority shall determine whether to adopt the proposals.

(6)The funding authority shall—

(a)make any determination under subsection (5) not later than four months after the publication of the proposals, and

(b)give notice in writing to the Secretary of State and the governing body of their determination and, if they adopt the proposals, of the discontinuance date.

270 Implementation of proposals.E+W

(1)Where any proposals are approved under section 269, the governing body shall cease to conduct the school on the discontinuance date.

(2)In this section “the discontinuance date” means—

(a)the date of discontinuance specified in the proposals as approved, or

(b)if—

(i)at the request of the governing body, or

(ii)in the case of proposals published under section 268, at the request of the funding authority and after consulting the governing body,

the Secretary of State subsequently fixes another date (whether in substitution for the date specified in the proposals as approved or in substitution for a date previously fixed under this subsection), that date.

(3)The governing body of a grant-maintained school shall not discontinue the school except in pursuance of proposals published under section 267 or 268 and approved or adopted under section 269.

271 Power to transfer functions under preceding provisions.E+W

(1)The Secretary of State may by order provide for this Part to have effect with the modifications in subsections (2) to (7) in relation to any proposals published by the governing body of a grant-maintained school under section 267 after the coming into force of the order.

(2)The governing body shall submit a copy of the proposals to the funding authority as well as to the Secretary of State.

(3)Any objections under subsection (7) of that section to the proposals shall be submitted to the funding authority instead of to the Secretary of State.

(4)If any objection is made under subsection (7) of that section within the period allowed under that subsection and not withdrawn in writing within that period, then, not later than one month after the end of that period—

(a)the funding authority shall send to the Secretary of State copies of all such objections made (and not withdrawn in writing) together with their observations on them, and

(b)may themselves submit to the Secretary of State an objection to the proposals.

(5)Section 269(1) shall not apply to the proposals unless—

(a)the Secretary of State gives notice to the funding authority within two months after the submission to him of the published proposals that the proposals require his approval, or

(b)objections have been made under subsection (7) of section 267 within the period allowed under that subsection (unless all objections so made have been withdrawn in writing within that period).