Search Legislation

Education Act 1996

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Education Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Education Act 1996

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

SCHEDULES

Section 19.

SCHEDULE 1E+W Pupil referral units

General adaptations of enactmentsE+W

1References in any enactment to the proprietor or governing body of a school shall be read, in relation to a pupil referral unit, as references to the local education authority.E+W

2References in any enactment to the head teacher of a school shall be read, in relation to a pupil referral unit, as references to the teacher in charge of the unit (whether known as the head teacher or not).E+W

Modifications of enactments by regulationsE+W

3Regulations may provide for any enactments relating to schools maintained by local education authorities (or schools including such schools)—E+W

(a)to apply in relation to pupil referral units,

(b)to apply in relation to such units with such modifications as may be prescribed, or

(c)not to apply in relation to such units.

RegistrationE+W

4(1)A person who is registered as a pupil at a school other than a pupil referral unit shall not, by reason only of being registered also as a pupil at such a unit, cease for the purposes of the Education Acts to be treated as a registered pupil at that school.E+W

(2)In this Schedule “registered” means shown in the register kept under section 434.

Application of Local Government Act 1986E+W

5A pupil referral unit is a maintained school for the purposes of section 2A(1)(b) of the M1Local Government Act 1986 (prohibition on promoting homosexuality).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

CurriculumE+W

6[F1(1)In relation to every pupil referral unit, the local education authority, the management committee (where applicable) and the teacher in charge shall exercise their functions with a view to securing that the curriculum for the unit satisfies the requirements of [F2section 78(1) or 99(1) of the Education Act 2002](1) (balanced and broadly based curriculum).E+W

(2)Regulations may make provision for the determination and organisation of the curriculum in relation to every pupil referral unit, including provision as to making, and keeping up to date, a written statement of the policy in relation to that curriculum for the unit; and such regulations may require—

(a)the local education authority, the management committee (where applicable), or the teacher in charge to exercise, or

(b)such of them as may be prescribed to collaborate with each other in exercising,

such functions in relation to the curriculum as may be prescribed.]

(3)Each local education authority shall, with the approval of the Secretary of State, make arrangements for the consideration and disposal of any complaint to the effect that the authority, or the teacher in charge of any pupil referral unit—

(a)have acted or are proposing to act unreasonably with respect to the exercise of any power conferred, or the performance of any duty imposed, on them by [F3sub-paragraph (1) or (2)] above, or

(b)have failed to discharge any such duty.

(4)The Secretary of State shall not entertain under section 496 or 497 (power to prevent unreasonable exercise of functions; general default powers) any complaint in respect of any local education authority if it is a complaint—

(a)for which arrangements are required to be made under sub-paragraph (3) above, or

(b)that a local education authority have failed to exercise their powers to secure compliance by the teacher in charge of a pupil referral unit with any such duty as is referred to in that sub-paragraph,

unless a complaint in respect of the local education authority or, as the case may be, the teacher in charge of the unit has been made in respect of the same matter and disposed of in accordance with arrangements under that sub-paragraph.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

DisciplineE+W

7F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Sex education, political indoctrination and political issuesE+W

8Sections 403, 406 and 407 (sex education, political indoctrination, and treatment of political issues) apply in relation to pupil referral units as they apply in relation to [F5community schools].E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F5Words in Sch. 1 para. 8 substituted (1.10.2000 for E. and 1.1.2001 for W.) by 2000 c. 21, s. 149, Sch. 9 para. 64 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2000/3230, art. 2, Sch.

ChargesE+W

9(1)Chapter III of Part VI applies in relation to pupil referral units as if the references to governing bodies were omitted.E+W

(2)Section 458(2)(b) (charges for board and lodging) shall have effect in relation to a pupil provided with board and lodging at a unit as if after “that” there were inserted “for the time being”.

Application of Environmental Protection Act 1990E+W

10A pupil referral unit is an educational institution for the purposes of Part IV of the M2Environmental Protection Act 1990 (litter).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

InformationE+W

11Each local education authority shall—E+W

(a)on such occasions, and

(b)in such form and manner,

as may be prescribed, make available to registered parents of registered pupils at any pupil referral unit such information about the unit as may be prescribed.

Disapplication of Schedule 4E+W

F612. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Children with special educational needsE+W

F713. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

School attendance ordersE+W

14(1)Where a pupil referral unit is named in a school attendance order—E+W

(a)the local education authority shall inform the teacher in charge of the unit, and

(b)if another local education authority are responsible for determining the arrangements for the admission of pupils to the unit, that authority shall admit the child to the unit;

but paragraph (b) above does not affect any power to exclude from a unit a pupil who is already a registered pupil there.

(2)Section 438(4) does not apply in relation to a pupil referral unit.

(3)A local education authority—

(a)shall, before deciding to specify a particular pupil referral unit in a notice under section 438(2) where another local education authority are responsible for determining the arrangements for the admission of pupils to the unit, consult that authority; and

(b)if they decide to specify the unit in the notice, shall serve notice in writing of their decision on that authority.

(4)Section 439(7) and (8) apply where a notice is served on a local education authority under sub-paragraph (3) above as they apply where notice is served under section 439(6).

(5)The parent of a child in respect of whom a school attendance order is in force may not under section 440 request the local education authority to amend the order by substituting a pupil referral unit for the school named in the order.

(6)Where a child is a registered pupil at both a pupil referral unit and at a school other than a unit, the references in section 444 to the school at which he is a registered pupil shall be read as references to the unit.

[F8Management committeesE+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8Sch. 1 para. 15 and cross heading added (1.12.1997) by virtue of 1997 c. 44, s.48; S.I. 1997/1468, art. 2(5), Sch. 1 Pt.V

F915(1)Regulations may make provision—E+W

(a)for requiring any local education authority who maintain a pupil referral unit to establish a committee to act as the management committee for the unit; and

(b)for that committee to discharge on behalf of the authority such of their functions in connection with the unit as are delegated by them to the committee in accordance with the regulations.

(2)Regulations under this paragraph may in particular make provision—

(a)for enabling a local education authority to establish a joint committee to act as the management committee for two or more pupil referral units maintained by the authority;

(b)for requiring the approval of the Secretary of State to be obtained before any such joint committee is established;

(c)as to the composition of a management committee established under the regulations and—

(i)the appointment and removal of its members, and

(ii)their terms of office,

and in particular for requiring such a committee to include persons representing schools F10. . . situated in the area from which the unit or units in question may be expected to draw pupils;

[F11(d)for requiring or (as the case may be) prohibiting the delegation by—

(i)a local education authority; or

(ii)in the case of a local education authority which are operating executive arrangements, the executive of that authority or any person on behalf of that executive,

to a management committee of such functions in connection with pupil referral units as are specified in the regulations.]]

(e)for authorising a management committee to establish sub-committees;

(f)for enabling (subject to any provisions of the regulations) a local education authority [F12, and in the case of a local education authority which are operating executive arrangements the executive of that authority or any person acting on behalf of that executive,] or a management committee to determine to any extent the committee’s procedure and that of any sub-committee;

(g)for limiting the personal liability of members of any such committee or sub-committee in respect of their acts or omissions as such members;

(h)for applying to any such committee or sub-committee, with or without modification—

(i)any provision of the Education Acts, or

(ii)any provision made by or under any other enactment and relating to committees or (as the case may be) sub-committees of a local authority.

[F13(3)In sub-paragraph (2), “executive” and “executive arrangements” have the same meaning as in the Local Government Act 2000.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9Sch. 1 para. 15 and cross heading added (1.12.1997) by virtue of 1997 c. 44, s. 48; S.I. 1997/1468, art. 2(5), Sch. 1 Pt. V

F11Sch. 1 para. 15(2)(d) substituted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 32(a)(i) and S.I. 2002/808, art. 31(a)(i)

F12Words in Sch. 1 para. 15(2)(f) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 32(a)(ii) and S.I. 2002/808, art. 31(a)(ii)

F13Sch. 1 para. 15(3) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 32(b) and S.I. 2002/808, art. 31(b)

F14SCHEDULE 2E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F17SCHEDULE 3E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F19SCHEDULE 4E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F19Sch. 4 repealed (1.10.1998 so far as relating to the repeal of paras. 7 and 8 and otherwise 1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 185, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I and S.I. 1999/1016, art. 2(1), Sch. 1

F23SCHEDULE 5E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F24SCHEDULE 6E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F25SCHEDULE 7E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F26SCHEDULE 8E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F27SCHEDULE 9E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F28SCHEDULE 10E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Sections 122 and 124.

SCHEDULE 11E+W Contents of statements under section 122(2) and section 124(1)

Part IE+W Statements under section 122(2)

1(1)This Part of this Schedule applies to any statement prepared by a local education authority under section 122(2).E+W

(2)In this Part of this Schedule “the scheme” means the scheme referred to in section 122(1).

2The statement shall contain the following particulars in respect of the financial year to which it relates—E+W

(a)the amount of the authority’s general schools budget for the year (as initially determined for the purposes of the scheme),

(b)the amount of the authority’s aggregated budget for the year under the scheme (as so determined),

(c)such particulars as may be prescribed of amounts deducted in respect of excepted heads or items of expenditure (as defined in section 105(3)) in arriving at the amount specified in the statement by virtue of sub-paragraph (b),

(d)such particulars as may be prescribed of amounts deducted by virtue of section 105(1)(b) in arriving at the amount so specified, and

(e)such particulars of the allocation formula under the scheme as may be prescribed.

3(1)The statement shall also contain, with respect to each school required to be covered by the scheme in the year in question, particulars in relation to that year of the planned expenditure per pupil arising from the division of the school’s budget share (as initially determined for the purposes of the scheme) by the initial pupil number.E+W

(2)In sub-paragraph (1) “the initial pupil number” means the number of registered pupils at the school in question which is required under the scheme to be used in applying the allocation formula under the scheme for initial determination of the school’s budget share for the year.

4The statement shall contain such further information in respect of the financial provision the authority plan to make in the year in question for county and voluntary schools maintained by them as may be prescribed.E+W

Part IIE+W Statements under section 124(1)

5(1)A statement prepared by a local education authority under section 124(1) shall give the following particulars in respect of the financial year to which it relates—E+W

(a)the initial amount appropriated for meeting expenditure in the year in respect of all the schools required to be covered by the statement,

(b)the amount remaining after deducting from that initial amount the aggregate of the amounts referred to in sub-paragraph (2), and

(c)such particulars as may be prescribed of the amounts referred to in sub-paragraph (2).

(2)Those amounts are the initial amounts appropriated for meeting the following descriptions of expenditure in the year in respect of all the schools required to be covered by the statement—

(a)expenditure treated by the authority as expenditure of a capital nature,

(b)expenditure in respect of the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with any loan used to meet expenditure falling within paragraph (a), and

(c)expenditure of such other descriptions as may be prescribed.

6(1)The statement shall also give, in relation to each school required to be covered by it, the following particulars in respect of the year—E+W

(a)the share of the general expenditure amount which is appropriated by the authority for meeting expenditure for the purposes of the school,

(b)the share which is so appropriated of such of the amounts referred to in paragraph 5(2)(c) as may be prescribed,

(c)the amount of any expenditure initially planned for the purposes of the school and treated by the authority as expenditure of a capital nature, and

(d)such particulars as may be prescribed of the basis on which the authority determine the shares specified in the statement by virtue of paragraphs (a) and (b).

(2)In sub-paragraph (1) “the general expenditure amount” means the amount of which particulars are required to be given by paragraph 5(1)(b).

7The statement shall contain such further information in respect of the financial provision initially planned by the authority for the schools required to be covered by the statement as may be prescribed.E+W

8Where only one school is required to be covered by the statement, the references in paragraph 5 to all the schools are references to that school and paragraph 6 does not apply.E+W

Section 126.

SCHEDULE 12E+W Financial delegation and new schools

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C3Sch. 12 excluded (temp. until 1.9.1999) by S.I. 1998/3097, art.5

PreliminaryE+W

1In this Schedule “temporary governing body” does not include a temporary governing body who by virtue of paragraph 2 of Schedule 10 fall to be treated as a governing body.E+W

New county and voluntary schoolsE+W

2(1)For the purposes of applying (in accordance with this Schedule) sections 101 to 122 and Part I of Schedule 11 in relation to new schools which will be county or voluntary schools—E+W

(a)references to a school conducted by a governing body shall be read as including a new school which has a temporary governing body, and

(b)other references to the governing body of a school shall be read as including the temporary governing body of a new school.

(2)For those purposes—

(b)references to a county or voluntary school maintained by a local education authority, and

(b)references, in a context referring to a local education authority, to county and voluntary schools,

shall be read as including a new school which on implementation of the relevant proposals will be a county or voluntary school maintained by the authority.

3(1)A new school which will be a county or voluntary school is required to be covered by a scheme in any financial year if it has a temporary governing body during the whole or any part of that year.E+W

(2)In the case of such a school, sections 101 to 122 and Part I of Schedule 11 apply subject to the modifications set out in paragraphs 4 to 7.

4(1)Where a school required to be covered by a scheme in a financial year is a new school during the whole or any part of that year, the provision required by section 106(4)(a) shall not apply in relation to the determination of the school’s budget share for the year, so far as that share falls in accordance with the scheme to be treated as referable to planned expenditure by the local education authority for the purposes of the school in respect of any period before the implementation of the relevant proposals.E+W

(2)Accordingly—

(a)paragraph 3(1) of Schedule 11 shall apply in relation to the school as if it referred to such part (if any) of the school’s budget share for the year as falls to be determined in accordance with the provision required by section 106(4)(a); and

(b)the statement under section 122(2) shall include in relation to the school the additional particulars mentioned in sub-paragraph (3).

(3)Those particulars are the amount of such part (if any) of the school’s budget share for the year (as initially determined for the purposes of the scheme) as falls in accordance with the scheme to be treated as referable to planned expenditure such as is mentioned in sub-paragraph (1).

(4)Sub-paragraph (1) shall not be taken as prejudicing the inclusion in the allocation formula under a scheme, by virtue of section 106(4)(b), of provision taking into account in relation to a new school any forecast made in accordance with the scheme of the number of pupils it will have on implementation of the relevant proposals.

5The delegation requirement under a scheme shall not apply in relation to a new school (where it is not a school to which section 110 applies) until such date as may be determined by or under the scheme.E+W

6Section 110 shall have effect, in relation to a new school to which it applies, with the omission of subsection (3)(a).E+W

7Section 122(7) shall not apply in relation to the temporary governing body of a new school.E+W

New special schoolsE+W

8(1)Any reference—E+W

(a)in section 120, to maintained special schools or to a maintained special school, or

(b)in section 124, to special schools or to a special school,

shall be read as including a new school proposed to be established by a local education authority which will be a maintained special school and which has a temporary governing body.

(2)Any reference in section 120 or 124 to a school’s governing body shall be read, in relation to such a new school, as a reference to its temporary governing body.

(3)The reference in section 124(1) to a local education authority maintaining a special school or special schools shall be read, in relation to such a new school, as a reference to the authority being under a duty by virtue of paragraph 20 of Schedule 9 to defray expenses in relation to its temporary governing body.

9Section 124(8) shall not apply in relation to the temporary governing body of a new school.E+W

Financial delegation apart from schemesE+W

10Section 125 shall not apply in relation to a new school.E+W

Section 133.

SCHEDULE 13E+W Staffing of county, controlled, special agreement and maintained special schools

The selection panelE+W

1(1)The articles of government for a county, controlled, special agreement or maintained special school shall provide—E+W

(a)for the constitution of a selection panel whenever such a panel is required by virtue of this Schedule in relation to the appointment of a head teacher or deputy head teacher, and

(b)for a selection panel to consist of a specified number of persons appointed to it by the local education authority and a specified number of governors appointed to it by the governing body.

(2)Neither of the numbers specified by virtue of sub-paragraph (1)(b) shall be less than three; and the number specified in relation to appointments made by the governing body shall not be less than the number specified in relation to appointments made by the authority.

(3)The articles shall provide for the governing body and the authority to have power to replace, at any time, any member of a selection panel whom they have appointed.

2Regulations may make provision as to the meetings and proceedings of selection panels.E+W

Appointment of head teacherE+W

3(1)The articles of government for a county, controlled, special agreement or maintained special school shall, in relation to the appointment of a head teacher for the school, make provision for the matters set out in sub-paragraphs (2) to (11).E+W

(2)If the post of head teacher is vacant, the local education authority shall appoint an acting head teacher after consulting the governing body.

(3)Before appointing a head teacher, the local education authority shall advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate.

(4)The local education authority shall not appoint a person to be head teacher unless his appointment has been recommended by a selection panel constituted in accordance with the articles.

(5)The selection panel shall interview such applicants for the post as they think fit.

(6)If the panel fail to agree on the applicants whom they wish to interview—

(a)the members of the panel appointed by the governing body are to have the right to nominate not more than two applicants to be interviewed by the panel, and

(b)the other members of the panel are to have the right to nominate not more than two other applicants to be interviewed.

(7)Where the panel consider it appropriate to do so, they shall recommend to the authority for appointment as head teacher one of the applicants interviewed by them.

(8)If the panel are unable to agree on a person to recommend to the authority, they shall—

(a)repeat (with a view to reaching agreement) such of the steps mentioned in sub-paragraphs (5) to (7) as they think fit,

(b)where—

(i)they have repeated any of those steps in pursuance of paragraph (a) and remain unable to agree, or

(ii)they have decided that it is not appropriate to repeat any of those steps,

require the authority to re-advertise the vacancy, and

(c)where the vacancy is re-advertised, repeat all of the steps mentioned in sub-paragraphs (5) to (7).

(9)If the authority decline to appoint a person recommended by the panel, the panel shall—

(a)where there are applicants for the post whom they have not interviewed, interview such of those applicants (if any) as they think fit,

(b)recommend another of the applicants interviewed by them, if they think fit,

(c)ask the authority to re-advertise the vacancy, if they consider that it should be re-advertised, and

(d)where the vacancy is re-advertised, repeat the steps mentioned in sub-paragraphs (5) to (7).

(10)The authority shall re-advertise the vacancy where they are required to do so by the panel, and may do so where—

(a)it has been duly advertised,

(b)the panel have failed either to make a recommendation which is acceptable to the authority or to request that the vacancy be re-advertised, and

(c)the authority are of the opinion that the panel have had sufficient time in which to carry out their functions.

(11)The chief education officer of the authority, or a member of his department nominated by him, shall have the right to attend all proceedings of the panel (including interviews) for the purpose of giving advice to members of the panel.

(12)In this paragraph “head teacher” does not include an acting head teacher.

Appointment of deputy head teacherE+W

4(1)The articles of government for a county, controlled, special agreement or maintained special school shall, in relation to the appointment of a deputy head teacher for the school, make either—E+W

(a)the same provision, modified as mentioned in sub-paragraphs (2) and (3), as that made (in accordance with paragraph 3) in relation to the appointment of a head teacher for the school, or

(b)the same provision as that made (in accordance with paragraph 5) in relation to the appointment of other teachers at the school.

(2)If the articles (in accordance with sub-paragraph (1)(a)) provide for the appointment of a deputy head teacher to be on the recommendation of a selection panel, they shall provide that where the head teacher is not a member of the panel—

(a)he may be present, for the purpose of giving advice, at any proceedings of the panel (including interviews), and

(b)whether or not he attends any such proceedings, he shall be consulted by the panel before they make any recommendation to the local education authority.

(3)No provision similar to that set out in paragraph 3(2) is required in the articles in relation to the appointment of a deputy head teacher.

Appointment of other staff: generalE+W

5(1)The articles of government for a county, controlled, special agreement or maintained special school shall make provision for the matters set out in sub-paragraphs (2) and (3).E+W

(2)Where there is a vacancy in a post (other than that of head teacher or deputy head teacher) which is part of the complement of the school, the local education authority shall decide whether, if the post is not a new one, it should be retained.

(3)If the authority decide that the post should be retained or it is a new post, they shall—

(a)advertise the vacancy and fill it in accordance with the procedure laid down by virtue of paragraph 6, unless they have the intention mentioned in paragraph (b) below;

(b)fill the vacancy in accordance with the procedure laid down by virtue of paragraph 7, if they intend to appoint a person who, at the time when they form that intention, is an employee of theirs or has been appointed to take up employment with them at a future date.

(4)Nothing in this paragraph (or in any of paragraphs 6 to 9) applies in relation to any temporary appointment pending—

(a)the return to work of the holder of the post in question, or

(b)the taking of any steps required by the articles in relation to the vacancy in question.

Appointment of other staff: vacancy advertisedE+W

6(1)The articles of government for any school to which paragraph 5(1) applies shall make provision for the matters set out in sub-paragraphs (2) to (7).E+W

(2)Where the local education authority decide to advertise the vacancy, they shall do so in a manner likely in their opinion to bring it to the notice of persons (including employees of theirs) who are qualified to fill the post.

(3)Where the vacancy is advertised, the governing body shall—

(a)interview such applicants for the post as they think fit, and

(b)where they consider it appropriate to do so, recommend to the authority for appointment to the post one of the applicants interviewed by them.

(4)If the governing body are unable to agree on a person to recommend to the authority, they shall—

(a)repeat the steps mentioned in sub-paragraph (3), if they consider that to do so might lead to their reaching agreement,

(b)where they have repeated those steps and remain unable to agree, or decide that it is not appropriate to repeat them, ask the authority to re-advertise the vacancy, and

(c)where the vacancy is re-advertised, repeat those steps.

(5)If the authority decline to appoint a person recommended by the governing body, the governing body shall—

(a)where there are applicants for the post whom they have not interviewed, interview such of those applicants (if any) as they think fit,

(b)recommend another of the applicants interviewed by them, if they think fit,

(c)ask the authority to re-advertise the vacancy, if they consider that it should be re-advertised, and

(d)where the vacancy is re-advertised, repeat the steps mentioned in sub-paragraph (3).

(6)Where the authority are asked to re-advertise the vacancy by the governing body, they shall do so unless—

(a)they decide that the post is to be removed from the complement of the school, or

(b)they decide to appoint a person who, at the time when that decision is made, is an employee of theirs or has been appointed to take up employment with them at a future date.

(7)Whenever governors meet to discuss the appointment or an applicant is interviewed—

(a)the head teacher (if he would not otherwise be entitled to be present), and

(b)such person (if any) as the authority appoint to represent them,

shall be entitled to be present for the purpose of giving advice.

Appointment of other staff: vacancy not advertisedE+W

7(1)The articles of government for any school to which paragraph 5(1) applies shall make provision for the matters set out in sub-paragraphs (2) and (3).E+W

(2)Where the vacancy is not advertised, the governing body—

(a)shall be entitled to determine a specification for the post in consultation with the head teacher, and

(b)if they do so, shall send a copy of it to the local education authority.

(3)When considering whom to appoint to the post, the authority shall—

(a)have regard to any such specification, and

(b)consult the governing body and the head teacher.

Delegation of functions under paragraph 6 or 7E+W

8(1)The articles of government for any school to which paragraph 5(1) applies shall make provision for the matters set out in sub-paragraphs (2) and (3).E+W

(2)The governing body shall have power, in relation to the filling of a particular vacancy or a vacancy of a kind specified by them, to delegate any of the functions which are theirs by virtue of paragraph 6 or 7—

(a)to one or more governors,

(b)to the head teacher, or

(c)to one or more governors and the head teacher acting together.

(3)In such a case, the provision made by virtue of paragraph 6(6) shall apply with the substitution of references to the person or persons to whom the functions are delegated for references to the governing body.

Restriction on making appointment where vacancy advertisedE+W

9Where a local education authority have advertised a vacancy in accordance with the provision made by the articles of government for a school by virtue of paragraph 6(2), they shall not appoint a person to the post unless—E+W

(a)his appointment has been recommended in accordance with the provision made by the articles by virtue of paragraph 6(3) to (5), or

(b)they decide to appoint a person who, at the time when that decision is made, is an employee of theirs or has been appointed to take up employment with them at a future date.

Consultation by LEA before appointing certain non-teaching staffE+W

10The articles of government for a county, controlled, special agreement or maintained special school shall require the local education authority to consult the governing body and the head teacher before appointing any person to work solely at the school otherwise than—E+W

(a)in a teaching post,

(b)in a non-teaching post which is part of the complement of the school, or

(c)solely in connection with either or both of the following—

(i)the provision of meals;

(ii)the supervision of pupils at midday.

Dismissal etc. of staffE+W

11(1)The articles of government for a county, controlled, special agreement or maintained special school shall make provision for the matters set out in sub-paragraphs (2) to (7).E+W

(2)The local education authority shall consult the governing body and (except where he is the person concerned) the head teacher before—

(a)dismissing a person to whom sub-paragraph (3) applies, or

(b)otherwise requiring such a person to cease to work at the school, or

(c)permitting such a person to retire in circumstances in which he would be entitled to compensation for premature retirement.

(3)This sub-paragraph applies to any person who is—

(a)employed in a post which is part of the complement of the school, or

(b)employed to work solely at the school in any other post, otherwise than solely in connection with either or both of the following—

(i)the provision of meals;

(ii)the supervision of pupils at midday.

(4)Where a teacher at the school is required to complete an initial period of probation, the local education authority shall consult the governing body and the head teacher before—

(a)extending his period of probation, or

(b)deciding whether he has completed it successfully.

(5)Where the governing body recommend to the local education authority that a person should cease to work at the school, the authority shall consider their recommendation.

(6)Both the governing body and the head teacher shall have power to suspend a person employed to work at the school where, in the opinion of the governing body or (as the case may be) the head teacher, his exclusion from the school is required.

(7)The governing body or head teacher shall—

(a)when exercising that power, immediately inform the local education authority and the head teacher or (as the case may be) governing body, and

(b)end the suspension if directed to do so by the authority.

(8)In this paragraph “suspend” means suspend without loss of emoluments; and in sub-paragraph (2) the reference to dismissing a person does not include a dismissal under section 143(6) or 144(3) (dismissal of teachers of religious education).

F29SCHEDULE 14E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F30SCHEDULE 15E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F31SCHEDULE 16E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Section 161.

SCHEDULE 17E+W Governors’ annual reports

GeneralE+W

1(1)The articles of government for a county, voluntary or maintained special school shall impose the requirements set out in paragraphs 2 to [F379F].E+W

(2)In those paragraphs “the report” means a governors’ report prepared under section 161.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F37Word in Sch. 17 para. 1(1) substituted (10.1.1997) by S.I. 1996/3210, art. 2(2)

2The report shall be as brief as is reasonably consistent with the requirements as to its contents.E+W

Requirements as to contentsE+W

3Where there is an obligation on the governing body (by virtue of section 162) to hold an annual parents’ meeting, the report shall—E+W

(a)give details of the date, time and place for the next annual parents’ meeting and its agenda;

(b)indicate that the purpose of that meeting will be to discuss both the governors’ report and the discharge by the governing body, the head teacher and the local education authority of their functions in relation to the school; and

(c)report on the consideration which has been given to any resolutions passed at the previous annual parents’ meeting.

4The report shall—E+W

(a)give the name of each governor and indicate whether he—

(i)is a parent, teacher or foundation governor,

(ii)was co-opted or otherwise appointed as a governor, or

(iii)is an ex officio governor;

(b)in the case of an appointed governor, say by whom he was appointed;

(c)in relation to each governor who is not an ex officio governor, give the date on which his term of office comes to an end; and

(d)name, and give the address of, the chairman of the governing body and their clerk.

5The report shall give such information as is available to the governing body about arrangements for the next election of parent governors.E+W

6The report shall contain a financial statement—E+W

(a)reproducing or summarising any financial statement of which a copy has been provided to the governing body by the local education authority under section 122 or 124 since the last governors’ report was prepared under section 161;

(b)indicating, in general terms, how any sum made available to the governing body by the authority—

(i)in respect of the school’s budget share, or

(ii)under section 125,

in the period covered by the report was used;

(c)giving details of the application of any gifts made to the school in that period; and

(d)stating the total amount of any travelling and subsistence allowances paid to members of the governing body in that period.

7The report shall give such information about—E+W

(a)public examinations and other assessments of pupils’ achievements,

(b)pupils’ absences from the school,

(c)the continuing education of pupils leaving the school, and

(d)the employment or training taken up by such pupils,

as is required to be published by virtue of section 414(6) and (7).

[F387AThe report shall give the information about public examinations and other assessments of pupils’ achievements—E+W

(a)at schools in England (where the school is in England), or

(b)at schools in Wales (where the school is in Wales),

which has most recently been made available to the governing body by the Secretary of State.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

8The report shall describe what steps have been taken by the governing body to develop or strengthen the school’s links with the community (including links with the police).E+W

9The report shall draw attention to the information made available by the governing body in accordance with regulations made under section 408 so far as relating to the matters mentioned in subsection (2)(b) of that section (information as to educational provision made for pupils at the school and syllabuses followed by them).E+W

[F399AThe report shall summarise, where the school is in England, the nature, amount and purpose of training and professional development undertaken by the school’s teaching staff in the period since the last governors’ report was prepared under section 161, identifying in particular the nature, amount and purpose of any training and professional development so undertaken on any day when the staff were required to be available for work but were not required to teach pupils.]E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F409BThe report shall give, where the school is in Wales, such information about any targets for improvement set by the governing body in respect of the performance of pupils at the school as is required to be published by virtue of regulations made under section 414(6).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F419CThe report shall describe in general terms—E+W

(a)the arrangements made for the security of the pupils and staff at the school and the school premises, and

(b)any changes to those arrangements since the last governors’ report was prepared under section 161.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F429DThe report shall indicate in relation to the period since the last governors’ report was prepared under section 161—E+W

(a)to what extent the aims of the governing body with respect to sport at the school have been attained; and

(b)any notable sporting achievements of the school’s teams during that period.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F439EThe report shall give the dates of the beginning and end of each school term, and of half-term holidays, for the next school year.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F449FThe report shall summarise any changes to information contained in the school prospectus since it was last published pursuant to regulations made under section 414(6).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Power of Secretary of State to make amendmentsE+W

10The Secretary of State may by order amend the preceding provisions of this Schedule.E+W

Section 162.

SCHEDULE 18E+W Annual parents’ meetings

Proceedings at an annual parents’ meetingE+W

1The articles of government for a county, voluntary or maintained special school shall provide for the proceedings at an annual parents’ meeting to be under the control of the governing body.E+W

2(1)The articles of government for a county, voluntary or maintained special school shall provide for any annual parents’ meeting at which the required number of parents of registered pupils at the school are present to be entitled to pass (by a simple majority) resolutions on any matters which may properly be discussed at the meeting.E+W

(2)In sub-paragraph (1) “the required number”, in relation to a school, means any number equal to or greater than 20 per cent. of the number of registered pupils at the school.

3No person who is not a parent of a registered pupil at the school may vote on any question put to an annual parents’ meeting.E+W

Consideration of resolutions passed at an annual parents’ meetingE+W

4(1)The articles of government for a county, voluntary or maintained special school shall require the governing body—E+W

(a)to consider any resolution which is duly passed at an annual parents’ meeting and which they consider is a matter for them;

(b)to send to the head teacher a copy of any resolution which is so passed and which they consider is a matter for him; and

(c)to send to the local education authority a copy of any resolution which is so passed and which they consider is a matter for the authority.

(2)The articles of government shall in addition—

(a)require the head teacher to consider any resolution a copy of which has been sent to him by virtue of sub-paragraph (1)(b) and to provide the governing body with a brief comment on it (in writing) for inclusion in their next governors’ report; and

(b)require the local education authority to do likewise in relation to any resolution a copy of which has been sent to them by virtue of sub-paragraph (1)(c).

Determination of question whether person is to be treated as pupil’s parentE+W

5(1)The articles of government for a county, controlled or maintained special school shall provide for any question whether any person is to be treated, for the purposes of any provision of the articles relating to the annual parents’ meeting, as the parent of a registered pupil at the school to be determined by the local education authority.E+W

(2)The articles of government for an aided or a special agreement school shall provide for any such question to be determined by the governing body.

Section 166.

SCHEDULE 19E+W Conduct and staffing of new county, voluntary and maintained special schools

Part IE+W General

Articles of government for new schoolsE+W

1(1)The requirement for there to be articles of government for a school (imposed by section 127) shall not apply in relation to a new school until the requirement for there to be an instrument of government for the school takes effect under section 99.E+W

(2)Before making an order under section 127 as to the articles of government for a new school, the local education authority shall consult the temporary governing body and the head teacher.

(3)Before making such an order in respect of a new school which will be a voluntary school, the authority shall—

(a)secure the agreement of the temporary governing body to the terms of the proposed order, and

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

(4)Where a local education authority propose to make an order under section 127 in respect of a new school but cannot secure any agreement required by this paragraph, they or (as the case may be) the temporary governing body or temporary foundation governors may refer the matter to the Secretary of State.

(5)On a reference to him under this paragraph, the Secretary of State shall give such direction as he thinks fit.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C4Sch. 19 para. 1(1) modified (1.1.1999) by S.I. 1998/3097, reg. 6

2Section 129(2) (amendment of articles) shall not apply in relation to a new school; but if the articles of government for a new county or voluntary school contain any provisions to which section 129(1) would apply during any period when the school had a delegated budget (“inconsistent provisions”) they shall also include in relation to each inconsistent provision the statement required by section 129(3).E+W

Conduct of new schools: generalE+W

3The determination of those matters relating to the conduct of a new school which require to be determined before a governing body is constituted for the school under an instrument of government shall be under the direction of the temporary governing body, but subject to any provision made by or under this Act (including, in particular, this Schedule) or any other enactment.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C5Sch. 19 para. 3 modified (1.1.1999) by S.I. 1998/3097, reg. 7

4Regulations may make in relation to consultation with temporary governing bodies provision similar to the provision that may be made in relation to consultation with governing bodies by regulations under section 131 (consultation not required in urgent cases).E+W

Part IIE+W Staffing of new schools: financial delegation not proposed

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C6Sch. 19 Pt. II modified (temp from 1.4.1999) by S.I. 1999/638, regs. 1, 5

Staffing of new county, controlled or maintained special schoolsE+W

5Subject to paragraph 19(4), paragraphs 6 to 11 apply in relation to any new school for which a temporary governing body have been constituted and which will be a county, controlled or maintained special school.E+W

6(1)The complement of teaching and non-teaching posts for the school shall be determined by the local education authority.E+W

(2)Section 133(2) and (3) (staff complements) shall apply in relation to a complement determined under this paragraph.

7(1)Whenever a selection panel is required by virtue of paragraph 8 or 9, it shall be constituted in accordance with this paragraph.E+W

(2)A selection panel shall consist of—

(a)such number of persons appointed to it by the local education authority, and

(b)such number of temporary governors appointed to it by the temporary governing body,

as the authority shall determine.

(3)Neither of the numbers so determined shall be less than three; and the number determined in relation to appointments made by the temporary governing body shall not be less than the number determined in relation to appointments made by the authority.

(4)The temporary governing body and the authority may replace, at any time, any member of a selection panel whom they have appointed.

(5)Regulations may make provision, for the purposes of this paragraph, as to the meetings and proceedings of selection panels.

8(1)Subject to sub-paragraph (2) below, sub-paragraphs (3) to (11) of paragraph 3 of Schedule 13 (appointment of head teacher) shall apply in relation to the appointment of a head teacher for the school—E+W

(a)as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government); and

(b)subject to any necessary modifications.

(2)Where—

(a)two or more schools are to be discontinued (“the discontinued schools”), and

(b)the registered pupils at those schools, or a substantial number of those pupils, are expected to transfer to the new school,

the local education authority may, in consultation with the temporary governing body, appoint one of the head teachers of the discontinued schools as the first head teacher for the new school, instead of following the procedure set out in sub-paragraphs (3) to (11) of paragraph 3 of Schedule 13 (as applied by sub-paragraph (1) above).

(3)If the post of head teacher is vacant, the authority may, if they think fit, appoint an acting head teacher after consulting the temporary governing body.

9(1)Subject to sub-paragraph (2) below, sub-paragraphs (3) to (11) of paragraph 3 of Schedule 13 shall apply in relation to the appointment of a deputy head teacher for the school—E+W

(a)as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government); and

(b)subject to any necessary modifications.

(2)If the local education authority so decide, those provisions of Schedule 13 shall not so apply and instead the general staff appointment provisions shall apply in relation to the appointment of a deputy head teacher for the school—

(a)as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government); and

(b)subject to any necessary modifications.

(3)Where (in accordance with sub-paragraph (1)) the appointment of a deputy head teacher is on the recommendation of a selection panel and the head teacher is not a member of the panel, the head teacher—

(a)shall be entitled to be present, for the purpose of giving advice, at any proceedings of the panel (including interviews), and

(b)whether or not he attends any such proceedings, shall be consulted by the panel before they make any recommendation to the local education authority.

(4)In this paragraph and paragraph 10 “the general staff appointment provisions” means the following provisions of Schedule 13—

(a)paragraph 5(3);

(b)paragraph 6(2) to (7);

(c)paragraph 7(2) and (3); and

(d)paragraph 8(2) and (3).

10(1)The general staff appointment provisions shall apply in relation to the appointment of a person to a post (other than that of head teacher or deputy head teacher) which is part of the complement of the school as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government).E+W

(2)The local education authority shall consult the temporary governing body and the head teacher before appointing any person to work solely at the school otherwise than—

(a)in a teaching post,

(b)in a non-teaching post which is part of the complement of the school, or

(c)solely in connection with either or both of the following—

(i)the provision of meals;

(ii)the supervision of pupils at midday.

(3)This paragraph does not apply in relation to a temporary appointment pending—

(a)the return to work of the holder of the post in question, or

(b)the taking of any steps required by virtue of this Schedule in relation to the vacancy in question.

(4)Paragraph 9(4) applies for the purposes of this paragraph.

11(1)The clerk to the temporary governing body shall be appointed by the local education authority.E+W

(2)When the arrangement for the constitution of the temporary governing body comes to an end under section 96 or 97, the person who was the clerk to that body shall act as clerk to the governing body who succeed them, pending the appointment of a clerk under section 135.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C7Sch. 19 para. 11(2) excluded (1.1.1999) by S.I. 1998/3097, reg. 8(f)

12Subject to paragraph 19(4), a local education authority shall, in discharging their duty under paragraph 21 of Schedule 9 (temporary governing bodies) to provide information to the temporary governing body of a new school which will be a county, controlled or maintained special school, inform the temporary governing body, in particular—E+W

(a)of the number of members of any selection panel required by virtue of paragraph 8 or 9 above who are to be appointed by the authority and the number who are to be appointed by the temporary governing body;

(b)where the authority intend to exercise the power conferred on them by paragraph 8(2) above, of their intention to do so;

(c)of the provision which is to apply in relation to the appointment of the deputy head teacher of the school;

(d)of the complement of staff for the school; and

(e)of the authority’s proposals with regard to the appointment of staff for the school and the timing of appointments.

Staffing of new aided schoolsE+W

13Subject to paragraph 19(5), paragraphs 14 to 16 apply in relation to a new school which will be an aided school.E+W

14Subject to paragraph 15(1), the local education authority and the temporary governing body shall have the same powers, and be under the same duties, for the purposes of the appointment and dismissal of staff at the school as would the authority and the governing body for an aided school whose articles of government provided for—E+W

(a)staff employed solely in connection with the provision of school meals to be appointed by the authority, and

(b)other staff employed at the school to be appointed by the governing body.

15(1)The first appointment of a clerk to the temporary governing body shall be made by the promoters of the school (that is, the persons making the relevant proposals).E+W

(2)When the arrangement for the constitution of the temporary governing body comes to an end under section 97, the person who was the clerk to that body shall act as clerk to the governing body who succeed them, pending the appointment of their clerk.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C8Sch. 19 para. 15(2) excluded (1.1.1999) by S.I. 1998/3097, reg. 8(f)

16(1)The local education authority shall, with a view to enabling staff to be appointed in good time, notify the temporary governing body of any determination, prohibition or direction they intend to make or give pursuant to subsection (2)(b), (4)(a) or (b) or (5) of section 134 (staffing of aided schools).E+W

(2)The authority shall, in discharging their duty under paragraph 21 of Schedule 9 to provide information to the temporary governing body of a new school which will be an aided school, inform the temporary governing body, in particular, of the authority’s proposals with regard to the appointment of staff for the school and the timing of appointments.

Expenditure on staff for new schoolsE+W

17Where a temporary governing body are constituted for a new school, the local education authority shall be under the same duty to defray the expenses incurred in relation to the staff appointed in accordance with paragraphs 6 to 11 or (as the case may be) 14 and 15, as they would be if the relevant proposals had been implemented and the temporary governing body were the governing body of the school.E+W

Part IIIE+W Staffing of new schools: financial delegation proposed

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C9Sch. 19 Pt. III modified (temp. from 1.4.1999) by S.I. 1999/638, regs. 1, 5

Adaptation of referencesE+W

18For the purposes of the application (in accordance with paragraphs 19 to 24) of sections 136 to 141 and Schedule 14 in relation to new schools which will be county or voluntary schools—E+W

(a)references to the governing body of a school shall be read as including the temporary governing body of a new school;

(b)references to a county school shall be read as including a new school which on implementation of the relevant proposals will be a county school; and

(c)references to a voluntary school of a particular category, or maintained by a particular local education authority, shall be read as including a new school which on implementation of the relevant proposals will be a voluntary school of that category, or maintained by that authority.

Application or otherwise of provisions about staffingE+W

19(1)Subject to paragraphs 20 to 24, section 136 or (as the case may be) section 137 (staffing of county or voluntary schools with delegated budgets) shall apply to a new school which on implementation of the relevant proposals will be a school of a category to which that section applies not only at any time when (by virtue of Schedule 12) the new school has a delegated budget but also at any time when it has a temporary governing body and sub-paragraph (2) or (3) is satisfied.E+W

(2)This sub-paragraph is satisfied if the delegation requirement under the scheme will apply to the school on or before the implementation of the relevant proposals.

(3)This sub-paragraph is satisfied if the local education authority propose to exercise any power under the scheme to delegate the management of the school’s budget share for a financial year by making such a delegation—

(a)to the temporary governing body before the implementation of the relevant proposals, or

(b)to the governing body of the school on implementation of those proposals.

(4)Paragraphs 6 to 12 of this Schedule shall not apply in relation to a new school to which section 136 for the time being applies.

(5)Paragraphs 14 to 16 of this Schedule shall not apply in relation to a new school to which section 137 for the time being applies.

20Sections 136, 137 and 138 and Schedule 14 (staffing of schools with delegated budgets) shall apply, in the case of a new school, for the purposes only of—E+W

(a)the appointment of staff at the school, and

(b)the taking of such steps with respect to any other matters referred to in those provisions as may be appropriate in preparation for the conduct of the school following implementation of the relevant proposals.

21In the case of a new school which is a proposed county, controlled, aided or special school, no appointments of staff for the school shall be made by the local education authority before the constitution of a temporary governing body for the school.E+W

22Section 139(2) and (5) (payments in respect of dismissal) shall not apply in relation to a new school.E+W

23Any provision included in a scheme by virtue of subsection (3) of section 140 (community schools), so far as it relates to the appointment of staff at a school to which that section applies, shall apply in relation to a new school which on implementation of the relevant proposals will be a school to which that section applies.E+W

24(1)Section 141 (amendment of articles) shall not apply in relation to a new school.E+W

(2)The local education authority shall, however, incorporate—

(a)the statement mentioned in section 141(2) in the articles of government for a new school which will be a county or controlled school and to which section 136 applies, or

(b)the statement mentioned in section 141(3) in the articles of government for a new school which will be an aided school and to which section 137 applies.

Part IVE+W Other matters relating to conduct etc. of new schools

Preparation of curriculumE+W

25(1)The head teacher of a new school for which a temporary governing body have been constituted shall, in preparing to discharge his functions under Part V in relation to the curriculum for the school, consult that body and the local education authority.E+W

(2)Any authority who have been consulted under this paragraph shall inform the head teacher of the resources which are likely to be made available to the school; and the head teacher shall have regard to any information so given to him.

School terms, holidays and sessionsE+W

26(1)Pending the coming into force of the articles of government for a new school which will be a county or controlled school—E+W

(a)the dates when the school terms and holidays are to begin and end shall be determined by the local education authority, and

(b)the times of the school sessions shall be determined by the temporary governing body after consultation with the authority.

(2)Pending the coming into force of the articles of government for a new school which will be an aided school—

(a)the dates and times when the school terms and holidays are to begin and end, and

(b)the times of the school sessions,

shall be determined by the temporary governing body.

(3)In this paragraph “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.

DisciplineE+W

27Pending the coming into force of the articles of government for a new school, section 154(2) to (6) (responsibility for discipline) shall apply—E+W

(a)in relation to the head teacher, and

(b)subject to any necessary modifications, in relation to the temporary governing body,

as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government).

Reports and informationE+W

28(1)A temporary governing body shall 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).E+W

(2)The head teacher of a new school for which a temporary governing body have been constituted shall provide that body or (as the case may be) the local education authority with such reports in connection with the discharge of his functions as that body or the authority may require (either on a regular basis or from time to time).

(3)In the case of a new school which will be an aided school—

(a)the local education authority shall notify the temporary governing body of any requirement imposed by them on the head teacher under sub-paragraph (2), and

(b)the head teacher shall provide the temporary governing body with a copy of any report which he makes in complying with any such requirement.

Consultation on expenditure by local education authorityE+W

29(1)Where a temporary governing body have been constituted for a new school, the local education authority shall consult that body and the head teacher on their proposed expenditure on books, equipment and stationery for the school.E+W

(2)Sub-paragraph (1) does not apply in relation to a new school which has a delegated budget.

F45SCHEDULE 20E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F45Sch. 20 repealed (1.10.1998 so far as relating to the repeal of Pt. I and otherwise 1.4.1999) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30 para. 185, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I; S.I. 1999/1016, art. 2(1), Sch. 1

F46SCHEDULE 21E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Section 218(4).]

[F47SCHEDULE 22E+W Governing bodies of grant-maintained schools

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F47Sch. 22 repealed (1.4.1999 so far as relating to the repeal of para. 15 and otherwise prosp.) by 1998 c. 31, ss. 140(1)(3), 145(1), Sch. 30 para. 185, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(4), Sch. 1 Pt. IV

IntroductoryE+W

1In this Schedule—E+W

  • school” means a grant-maintained school, and

  • instrument”, in relation to a school, means the instrument of government for the school.

Election of governorsE+W

2The instrument for a school may make provision—E+W

(a)as to the procedure for the election of members of the governing body, and

(b)for the determination of any questions arising in connection with, or matters relating to, such elections.

Disqualification for, tenure of and removal from officeE+W

3A person who is a member of the teaching or other staff at a school which is required to have first governors shall be disqualified for holding office as such a governor on the governing body.E+W

4The instrument for a school may make provision as to the circumstances in which persons are to be disqualified for holding office as members of the governing body.E+W

5Subject to paragraph 10, the instrument for a school must provide for each governor of an elected category to hold office for a term of four years.E+W

6(1)Subject to paragraph 10, the instrument for a school must make the following provision for the term of office of—E+W

(a)first or, as the case may be, foundation governors, other than a foundation governor who is a governor ex officio, and

(b)where there are sponsor governors, those governors.

(2)Except where sub-paragraph (3), (4) or (5) applies, such a governor is to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.

(3)The initial instrument must provide, except where sub-paragraph (4) or (5) applies—

(a)subject to paragraph (b), for such a governor to hold office for such term as was 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 as the proposed term of office for initial governors of the category in question, and

(b)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, for any sponsor governor to hold office for such term as was specified as the proposed term of office for such governors in those proposals.

(4)Any additional first or foundation governor appointed in pursuance of provision made in the instrument by virtue of section 230(2) is to hold office for such term (not being more than five years) as may be specified in the terms of that governor’s appointment.

(5)Any first governor appointed in pursuance of provision made in the instrument by virtue of section 227 is to hold office for such term (not being less than five nor more than seven years) as may be specified in the terms of his appointment.

7No provision made in the instrument by virtue of paragraph 5, 6 or 10 shall be taken to prevent a governor—E+W

(a)from being elected or appointed for a further term, or

(b)from being disqualified, by virtue of paragraph 3 or any provision made by virtue of paragraph 4, for continuing to hold office.

8The instrument for a school must provide that any member of the governing body may at any time resign his office.E+W

9(1)The instrument for a school must provide that any foundation governor (other than one holding office ex officio) and any sponsor governor may be removed from office by the person or persons who appointed him.E+W

(2)For the purposes of this paragraph, an initial foundation governor shall be treated as having been appointed by the person or persons entitled to appoint foundation governors under provision included in the instrument in accordance with section 228(7)(b).

Initial appointments: terms of officeE+W

10(1)The instrument for a school must, until every initial governor has ceased to hold office, make the provision required by sub-paragraphs (2) and (3).E+W

(2)In the case of a governing body incorporated under Chapter II of Part III—

(a)an initial governor of an elected category who was a governor of that category on the governing body of the school immediately before the incorporation date shall hold office for the remainder of his term of office on the former governing body, and

(b)an initial governor of an elected category who was elected under section 234, or elected or nominated under section 237 to hold office as such, shall hold office for a term of four years.

(3)An initial first governor, initial foundation governor (other than a foundation governor who is a governor ex officio) or initial sponsor governor shall hold office for such term (not being less than five nor more than seven years) beginning with the incorporation date as may be specified as his proposed term of office 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.

(4)In the case of a governing body incorporated under Chapter IV of Part III, the instrument for a school must, until every governor of an elected category appointed before the date of implementation of the proposals has ceased to hold office, provide for any such governor to hold office for the prescribed term.

Meetings and proceedingsE+W

11The proceedings of the governing body of a school shall not be invalidated by—E+W

(a)any vacancy among their number, or

(b)any defect in the election or appointment of any governor.

12Subject to the provisions of Chapter V of Part III and any instrument of government or articles of government made under that Chapter, the governing body of a school may regulate their own procedure.E+W

13(1)The instrument for a school may make provision as to the meetings and proceedings of the governing body.E+W

(2)The provision that may be made in pursuance of this paragraph includes, in particular, provision—

(a)as to the election of a chairman and vice-chairman,

(b)as to the establishment, constitution, meetings and proceedings of committees,

(c)for the delegation of the governing body’s functions, in such circumstances as may be specified in the instrument, to committees established by that body or to any member of that body, and

(d)as to the procedure (including any quorum) when business is transacted by members of the governing body of a particular category.

(3)The provision mentioned in sub-paragraph (2)(b) may provide for a committee to include persons who are not members of the governing body.

(4)The instrument shall make provision for an appeal committee for the purposes of paragraph 6(1) of Schedule 23 to include among its members (with full voting powers) a person nominated by the governing body from among persons who are eligible to be lay members.

(5)A person is eligible to be a lay member for the purposes of sub-paragraph (4) if—

(a)he is a person without personal experience in the management of any school or the provision of education in any school (disregarding any such experience as a governor or in any other voluntary capacity), and

(b)he does not have, and has not at any time had, any connection with—

(i)the school, or

(ii)any person who is a member of, or employed by, the governing body of the school,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the school.

Information as to meetings and proceedingsE+W

14(1)Regulations may require the governing body of a school to make available, to such persons or classes of person as may be prescribed, such documents and information relating to the meetings and proceedings of the governing body as may be prescribed.E+W

(2)Documents and information required by the regulations to be made available shall be made available in such form and manner, and at such times, as may be prescribed.

Allowances for governorsE+W

F4815. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Seal etc.E+W

16(1)The application of the seal of the governing body of a school must be authenticated by the signature—E+W

(a)of the chairman of the governing body, or

(b)of some other member authorised either generally or specially by the governing body to act for that purpose,

together with the signature of any other member.

(2)Every document purporting to be an instrument made or issued by or on behalf of the governing body of a school and—

(a)to be duly executed under the seal of the governing body, or

(b)to be signed or executed by a person authorised by the governing body to act in that behalf,

shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Section 218(5).

SCHEDULE 23E+W Content of articles of government for grant-maintained schools

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C10Sch. 23 modified (temp.) (1.9.1998) by S.I. 1998/1948, reg. 3(1)(2), Sch. para. 9(1)(2)

IntroductoryE+W

1In this Schedule—E+W

  • school” means a grant-maintained school, and

  • articles”, in relation to a school, means the articles of government for the school.

Performance and delegation of functionsE+W

2(1)The articles must make provision as to the functions to be exercised in relation to the school by—E+W

(a)the Secretary of State,

(b)the funding authority,

(c)the governing body,

(d)any committee or other body established by the governing body,

(e)the head teacher, and

(f)any other persons specified in or determined under the articles.

(2)The articles must also include provision as to the delegation of such functions by those on whom they are imposed or conferred by or under the articles.

(3)The articles may include provision as to the establishment by the governing body of committees or other bodies of persons for the purposes of or in connection with the performance in relation to the school of such functions as may be determined by or under the articles.

StaffE+W

3(1)The articles must include provision as to—E+W

(a)disciplinary rules and procedures applicable to members of the staff of the school, and

(b)procedures for giving them opportunities for seeking redress of any grievances relating to their employment.

(2)The articles must also include provision as to arrangements—

(a)for giving any member of the staff an opportunity of making representations as to any proposal to dismiss him by the governing body or any persons authorised under the articles to dismiss him, including (if he so wishes) oral representations to such person or persons as may be appointed for the purpose,

(b)for requiring the governing body or any persons authorised under the articles to dismiss him to have regard to any representations made by him before taking any decision to dismiss him, and

(c)for giving any member of staff whom it has been decided to dismiss an opportunity of appealing against that decision before any action is taken to implement it.

CurriculumE+W

4(1)The articles must include provision for securing the discharge by the governing body and the head teacher of duties imposed on them under Chapters I and II of Part V and sections 384, 388, 389, 400 and 408.E+W

(2)The articles must include provision as to arrangements for the consideration and disposal of complaints relating to any matter concerning the curriculum followed within the school including, in particular, the discharge by the governing body of those duties.

(3)The articles must require the governing body, when considering the content of the secular curriculum for the school, to have regard to any representations with regard to that curriculum—

(a)which are made to them by any persons connected with the community served by the school, or

(b)which are made to them by the chief officer of police and are connected with his responsibilities.

Admission arrangementsE+W

5(1)The articles must—E+W

(a)provide for the governing body to be responsible for determining the arrangements for admitting pupils to the school; and

(b)include provision as to the policy to be followed in deciding admissions.

(2)The articles must also require the governing body to publish, for each school year, particulars of—

(a)the arrangements for admission of pupils to the school; and

(b)the procedures applicable under the articles in relation to the admission of pupils to the school.

Appeals relating to admission and exclusion of pupilsE+W

6(1)The articles must include provision as to the arrangements for appeals (in such circumstances as may be provided by the articles) to an appeal committee constituted in accordance with the instrument of government against any decision or action taken—E+W

(a)by the governing body, or

(b)by any persons authorised under the articles to take any decision or action of the kind in question,

in relation to admissions of pupils to the school or the permanent exclusion of a pupil from the school.

(2)The articles must enable the governing body to make such arrangements jointly with the governing body of one or more other grant-maintained schools.

[F49(2A)Sub-paragraphs (1) and (2), so far as they apply in relation to arrangements in respect of appeals—

(a)do not require the articles to provide for any matter for which provision is made by Schedule 25A (exclusion appeals); and

(b)have effect subject to paragraph 4(2) of Schedule 33B (refusal of admission in case of children permanently excluded from two or more schools).]

(3)The articles must require the governing body to publish, for each school year, particulars of any arrangements made by them in respect of appeals by parents against any such decision or action in relation to admissions of pupils to the school as is mentioned in sub-paragraph (1) above.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F49Sch. 23 para. 6(2A) inserted (1.9.1997 except in relation to the insertion of para. 6(2A)(a), as to which the insertion came into force on 1.9.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 49(3); S.I. 1997/1468, art. 2(2), Sch. 1 Pt. II (with transitional provisions); S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV (with transitional provisions); and Sch. 7 para. 49 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 223, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Annual reportsE+W

7(1)The articles must require the governing body to prepare once in every school year a report in such form and containing such information as the articles may require.E+W

(2)The articles must require the governing body to take such steps as are reasonably practicable to secure that—

(a)the registered parents of all registered pupils at the school and all persons employed at the school are given (free of charge) a copy of the report, and

(b)copies of the report are available for inspection (at all reasonable times and free of charge) at the school.

Annual parents’ meetingsE+W

8(1)The articles must require the governing body, subject to any exceptions provided for in the articles, to hold a meeting once in every school year which is open to—E+W

(a)all parents of registered pupils at the school, and

(b)such other persons as the governing body may invite.

(2)The articles must include provision as to—

(a)the procedure to be followed and the matters to be considered at such a meeting,

(b)the determination of any questions arising in connection with such a meeting, and

(c)the taking by the governing body or any other persons of such action as may be required by the articles for the purposes of, or in connection with, such a meeting or any resolutions passed at it.

Section 222.

SCHEDULE 24E+W Categories of governors

Part IE+W Introductory

ApplicationE+W

1(1)This Schedule applies, in relation to the governing body of a grant-maintained school, for the purposes of Part III.E+W

(2)Part II of this Schedule applies for the purpose of determining who are to be the initial governors of a grant-maintained school.

(3)Part III of this Schedule applies for the purpose of determining who are to be the governors of a grant-maintained school on and after the incorporation date.

General interpretationE+W

2References to an initial governor are to any person who becomes a member of the governing body on the incorporation date.E+W

3References to a governor of an elected category are to a person who is a parent or teacher governor as defined by section 78(3) or (4) or is such a governor within the meaning of this Schedule.E+W

4In relation to any proposals for acquisition of grant-maintained status in respect of a school, a person who is a governor of an elected category on the existing governing body of the school is an eligible governor of that category if—E+W

(a)his term of office as a governor is due to end after the date of implementation of the proposals, and

(b)he has notified the existing governing body that he is willing to serve on the proposed governing body and has not withdrawn that notification.

Part IIE+W Initial governors

Parent governorsE+W

5(1)In relation to a governing body to be incorporated under Chapter II of Part III, “parent governor” means—E+W

(a)a person who, immediately before the incorporation date in relation to the school, is a parent governor (as defined by section 78(3)) in relation to the school, or

(b)a person elected or appointed under section 234, or elected, appointed or nominated under section 237, to hold office as an initial parent governor on the governing body.

(2)A person elected under section 234 to hold office as an initial parent governor must be elected by registered parents of registered pupils at the school and a person elected or appointed under that section to hold such office must when he is elected or appointed be such a parent.

(3)A person elected, appointed or nominated under section 237 to hold office as an initial parent governor—

(a)in the case of an election, must be elected by registered parents of registered pupils at the school and must when he is elected be such a parent, and

(b)in the case of an appointment or nomination, must be a registered parent of a registered pupil at the school at the time of his appointment or nomination.

Teacher governorsE+W

6(1)In relation to a governing body to be incorporated under Chapter II of Part III, “teacher governor” means—E+W

(a)a person who, immediately before the incorporation date in relation to the school, is a teacher governor (as defined by section 78(4)) in relation to the school, or

(b)a person elected under section 234, or elected or nominated under section 237, to hold office as an initial teacher governor on the governing body.

(2)A person elected under section 234 to hold office as an initial teacher governor must be elected by teachers at the school and must when he is elected be such a teacher.

(3)A person elected or nominated under section 237 to hold office as an initial teacher governor—

(a)in the case of an election, must be elected by teachers at the school and must when he is elected be such a teacher, and

(b)in the case of a nomination, must be a teacher at the school at the time of his nomination.

First governorsE+W

7(1)In relation to a governing body to be incorporated under Chapter II of Part III, “first governor” means a person who is selected under section 236(1), or nominated under section 238(1), and appears to the persons selecting or nominating him to be committed to the good government and continuing viability of the school.E+W

(2)In relation to a governing body to be incorporated under Chapter IV of Part III, “first governor” means a person appointed by the funding authority who appears to them to be committed to the good government and continuing viability of the proposed school.

Foundation governorsE+W

8(1)In relation to a governing body to be incorporated under Chapter II of Part III, “foundation governor” means—E+W

(a)a person who is selected under section 236(2) or nominated under section 238(2),

(b)where the statement annexed (under paragraph 2 of Schedule 20) to the proposals for acquisition of grant-maintained status describes the religious character of the school, a person who is appointed for the purpose of securing that (subject to the approval or adoption under section 261 of any proposals) the religious character of the school is such as is indicated in the statement, and

(c)where there is a trust deed relating to the school, a person who is appointed for the purpose of securing that the school is conducted in accordance with the deed.

(2)In relation to a governing body to be incorporated under Chapter IV of Part III, “foundation governor” means—

(a)a person who is appointed by the promoters,

(b)where the statement annexed under paragraph 8 of Schedule 20 to the proposals for the establishment of a new grant-maintained school describes the religious character of the school, a person who is appointed for the purpose of securing that (subject to the approval or adoption under section 261 of any proposals) the religious character of the proposed school is such as is indicated in the statement, and

(c)where there is a trust deed relating to the proposed school, a person who is appointed for the purpose of securing that the proposed school is conducted in accordance with that deed.

Sponsor governorsE+W

9In relation to a governing body to be incorporated under Chapter II of Part III, “sponsor governor” means a person appointed by a person named as a sponsor of the school in the proposals for acquisition of grant-maintained status.E+W

Part IIIE+W Governors other than initial governors

Parent governorsE+W

10(1)Parent governor” means a person who—E+W

(a)is elected by registered parents of registered pupils at the school,

(b)is appointed under a provision of the instrument of government made by virtue of section 223(3),

(c)is appointed by virtue of section 223(6), or

(d)is an initial parent governor.

(2)To qualify for such election, the person must when he is elected be a registered parent of a registered pupil at the school.

Teacher governorsE+W

11(1)Teacher governor” means a person who—E+W

(a)is elected by teachers at the school,

(b)is appointed by virtue of section 224(4), or

(c)is an initial teacher governor.

(2)To qualify for such election, the person must when he is elected be a teacher at the school.

First governorsE+W

12First governor” means—E+W

(a)a person appointed by the governing body who appears to them to be committed to the good government and continuing viability of the school,

(b)a person appointed under a provision of the instrument of government made by virtue of section 227 who appears to the person appointing him to be committed to the good government and continuing viability of the school, or

(c)an initial first governor.

Foundation governorsE+W

13Foundation governor” means a person who—E+W

(a)is appointed otherwise than by a local education authority or the funding authority,

(b)where paragraph 8(1)(b) or (2)(b) applies, is appointed for the purpose there referred to, and

(c)where there is a trust deed relating to the school, is appointed for the purpose of securing that the school is conducted in accordance with that deed.

Sponsor governorsE+W

14Sponsor governor” means—E+W

(a)a person appointed by a person named in the instrument of government as a sponsor of the school,

(b)while the instrument of government is the initial instrument, a person appointed by a person named as a sponsor of the school 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, or

(c)an initial sponsor governor.

Section 285.

SCHEDULE 25E+W Core governors for groups

IntroductoryE+W

1The provision made for core governors in the instrument of government for the governing body of a group must be in accordance with this Schedule.E+W

Kinds of core governorE+W

2(1)Core governors may be either—E+W

(a)appointed by the governing body, or

(b)externally appointed.

(2)Externally appointed core governors may be either—

(a)appointed in respect of a particular school in the group, being a school—

(i)which was a voluntary school immediately before it became grant-maintained, or

(ii)which was established in pursuance of proposals published under section 212, or

(b)where the group consists only of such schools, appointed in respect of the group otherwise than by the governing body.

(3)A person appointed as mentioned in sub-paragraph (2)(a) must be appointed by the persons named in the instrument of government for the group as being entitled to appoint externally appointed core governors in respect of the school.

(4)A person appointed as mentioned in sub-paragraph (2)(a) must be appointed—

(a)(where any statement annexed to the proposals in pursuance of which the school became a grant-maintained school described the religious character of the school) for the purpose of securing that, subject to any change in the character of the school which may be authorised by or under Part III, the religious character of the school is such as was indicated in the statement, and

(b)(where there is a trust deed relating to the school) for the purpose of securing that the school is conducted in accordance with the deed.

(5)Core governors, other than externally appointed core governors appointed in respect of particular schools in the group, must be appointed from among persons who appear to the person making the appointment to be committed to the good government and continuing viability of all the schools in the group.

(6)A person who is a member of the teaching or other staff at any of the schools in the group is disqualified from holding office as a core governor, other than an externally appointed core governor.

Groups consisting only of former voluntary schools or section 212 schoolsE+W

3(1)This paragraph applies in the case of such a group as is mentioned in paragraph 2(2)(b).E+W

(2)The minimum number of externally appointed core governors (referred to in this paragraph as “MN”) is one greater than the number of governors other than externally appointed core governors.

(3)Any head teacher of a school in the group who has chosen not to be a governor shall be counted as one for the purposes of sub-paragraph (2).

(4)In respect of each school in the group there must be the same number of externally appointed core governors.

(5)The total number of externally appointed core governors in respect of schools in the group must not be less than the highest number, not exceeding MN, that is consistent with sub-paragraph (4).

Other groupsE+W

4(1)This paragraph applies in the case of a group other than such a group as is mentioned in paragraph 2(2)(b).E+W

(2)If any school in the group falls within paragraph 2(2)(a), one externally appointed governor must be appointed in respect of that school.

(3)The appropriate number of the core governors must (on the date or dates on which they respectively take office) be parents of registered pupils at schools in the group, and the appropriate number of the core governors must (on the date or dates on which they respectively take office) be members of the local community; but one person may satisfy both requirements.

(4)In sub-paragraph (3) “the appropriate number” means not less than two or, if all but one of the schools in the group fall within paragraph 2(2)(a), at least one.

(5)In appointing core governors, the governing body must secure that those governors include persons appearing to the governing body to be members of the local business community (and such persons may also satisfy one or both of the requirements of sub-paragraph (3)).

(6)The number of core governors must be such number, not being—

(a)less than five, or

(b)(subject to paragraph (a)) more than the number of schools in the group,

as will secure that they and the parent governors outnumber the other governors.

(7)Any head teacher of a school in the group who has chosen not to be a governor shall be counted as one for the purposes of sub-paragraph (6).

[F50Schedule 25AE+W Appeals against exclusion of pupils from grant-maintained schools

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F50Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (with transitional provisions)

F51 IntroductoryE+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F51Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F521In this Schedule—E+W

  • appeal” means an appeal mentioned in section 307A;

  • appeal committee” means an appeal committee constituted for the purposes of an appeal in accordance with the instrument of government of the school;

  • 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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F52Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F53 Procedure on appealE+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F53Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F542An appeal shall be by notice in writing setting out the grounds on which it is made.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F54Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F553(1)Subject to sub-paragraph (2), the appeal committee shall meet to consider an appeal—E+W

(a)within the period ending with the 15th school day after the day on which the appeal is lodged, or

(b)if the governing body have determined a shorter period, within that period.

(2)The governing body may extend the period within which the appeal committee are to consider an appeal where—

(a)the relevant person requests them to do so; and

(b)they are satisfied that the circumstances are exceptional and justify the period under sub-paragraph (1) being extended.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F55Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F564(1)For the purpose of fixing the time (falling within the period mentioned in paragraph 3) at which the hearing of an appeal is to take place, the governing body shall take reasonable steps to ascertain any times falling within that period when—E+W

(a)the relevant person, or

(b)any other person who wishes, and would be entitled, to appear and make oral representations in accordance with paragraph 5,

would be able to attend.

(2)Where in accordance with sub-paragraph (1) the governing body have ascertained any such times in the case of any such person, they shall, when fixing the time at which the hearing is to take place, take those times into account with a view to ensuring, so far as it is reasonably practicable to do so, that that person is able to appear and make such representations at the hearing.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F56Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F575(1)The appeal committee shall give the relevant person an opportunity of appearing and making oral representations, and shall allow him to be represented or to be accompanied by a friend.E+W

(2)The appeal committee shall allow—

(a)the head teacher and a member of the governing body to make written representations;

(b)the head teacher and a member of the governing body to appear and make oral representations; and

(c)the governing body to be represented.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F57Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F586An appeal shall be held in private except when otherwise directed by the governing body, but any member of the Council on Tribunals may attend as an observer any meeting of the appeal committee at which an appeal is considered.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F58Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F597Two or more appeals may be combined and dealt with in the same proceedings if the appeal committee consider that it is expedient to do so because the issues raised by the appeals are the same or connected.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F59Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F608(1)In deciding whether the pupil in question should be reinstated (and, if so, the time when this should take place), the appeal committee shall have regard to both the interests of that pupil and the interests of other pupils at his school and members of its staff.E+W

(2)In making its decision on an appeal, the appeal committee shall also have regard to the measures publicised by the head teacher under section 306A(7).

(3)Sub-paragraphs (1) and (2) do not apply where the appeal committee decides that the pupil in question was not guilty of the conduct which the head teacher relied on as grounds for his permanent exclusion.

(4)Sub-paragraphs (1) and (2) shall not be read as precluding an appeal committee from having regard to any other relevant matters.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F60Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F619In the event of a disagreement between the members of the appeal committee the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the committee shall have a second or casting vote.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F61Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F6210Subject to paragraph 11, the decision of the appeal committee and the grounds on which it is made shall be communicated by the committee in writing to the relevant person, the governing body, the head teacher and the local education authority to whose area the pupil belongs within—E+W

(a)the period ending with the 17th school day after the day on which the appeal is lodged; or

(b)if the governing body have determined a shorter period, that period.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F62Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F6311Where the governing body extend the period for the consideration of an appeal in accordance with paragraph 3(2), they shall (to the extent it appears to them to be necessary as a result of the extension of that period) extend the period within which the appeal committee are to communicate their decision.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F63Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F6412Subject to paragraphs 2 to 11, all matters relating to the procedure on appeals shall be determined by the governing body.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F64Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F6513(1)Subject to sub-paragraph (2), where joint arrangements for appeals have been made in accordance with paragraph 6(2) of Schedule 23 (content of articles of government), paragraphs 2 to 12 shall have effect in respect of appeals to committees established in accordance with the joint arrangements.E+W

(2)In the case of any appeal made in pursuance of the joint arrangements—

(a)paragraphs 3, 4, 6, 10(b), 11 and 12 shall have effect as if for “the governing body” there were substituted “the governing body and the governing body of every other school which is a party to the arrangements, acting jointly”; and

(b)paragraphs 5(2) and 10 (except paragraph 10(b)) shall have effect as if for “the governing body” there were substituted “the governing body against whose decision the appeal is made”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F65Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F66Power of Secretary of State to make amendmentsE+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F66Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F6714The Secretary of State may by order amend the preceding provisions of this Schedule.]E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F67Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Section 323.

SCHEDULE 26E+W Making of assessments under section 323

IntroductoryE+W

1In this Schedule “assessment” means an assessment of a child’s educational needs under section 323.E+W

Medical and other adviceE+W

2(1)Regulations shall make provision as to the advice which a local education authority are to seek in making assessments.E+W

(2)Without prejudice to the generality of sub-paragraph (1), the regulations shall require the authority, except in such circumstances as may be prescribed, to seek medical, psychological and educational advice and such other advice as may be prescribed.

Manner, and timing, of assessments, etc.E+W

3(1)Regulations may make provision—E+W

(a)as to the manner in which assessments are to be conducted,

(b)requiring the local education authority, where, after conducting an assessment under section 323 of the educational needs of a child for whom a statement is maintained under section 324, they determine not to amend the statement, to serve on the parent of the child a notice giving the prescribed information, and

(c)in connection with such other matters relating to the making of assessments as the Secretary of State considers appropriate.

(2)Sub-paragraph (1)(b) does not apply to a determination made following the service of notice under [F68paragraph 2A] of Schedule 27 (amendment of statement by LEA) of a proposal to amend the statement.

[F69(3)Regulations may provide—

(a)that where a local education authority are under a duty under section 323, 329 or 329A to serve any notice, the duty must be performed within the prescribed period,

(b)that where a local education authority have served a notice under section 323(1) or 329A(3) on a child’s parent, they must decide within the prescribed period whether or not to make an assessment of the child’s educational needs,

(c)that where a request has been made to a local education authority under section 329(1), they must decide within the prescribed period whether or not to comply with the request, and

(d)that where a local education authority are under a duty to make an assessment, the duty must be performed within the prescribed period.

(4)Provision made under sub-paragraph (3)—

(a)may be subject to prescribed exceptions, and

(b)does not relieve the authority of the duty to serve a notice, or make a decision or assessment, which has not been served or made within the prescribed period.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F68Words in Sch. 26. para. 3(2) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 14(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F69Sch. 26 para. 3(3)(4) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 14(3) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

Attendance at examinationsE+W

4(1)Where a local education authority [F70are considering whether] to make an assessment, they may serve a notice on the parent of the child concerned requiring the child’s attendance for examination in accordance with the provisions of the notice.E+W

(2)The parent of a child examined under this paragraph may be present at the examination if he so desires.

(3)A notice under this paragraph shall—

(a)state the purpose of the examination,

(b)state the time and place at which the examination will be held,

(c)name an officer of the authority from whom further information may be obtained,

(d)inform the parent that he may submit such information to the authority as he may wish, and

(e)inform the parent of his right to be present at the examination.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F70Words in Sch. 26 para. 4(1) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 11(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

OffenceE+W

5(1)Any parent who fails without reasonable excuse to comply with any requirements of a notice served on him under paragraph 4 commits an offence if the notice relates to a child who is not over compulsory school age at the time stated in it as the time for holding the examination.E+W

(2)A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Section 324.

SCHEDULE 27E+W Making and maintenance of statements under section 324

IntroductoryE+W

[F711In this Schedule—E+W

  • amendment notice” has the meaning given in paragraph 2A,

  • statement” means a statement under section 324,

  • periodic review” means a review conducted in accordance with section 328(5)(b), and

  • re-assessment review” means a review conducted in accordance with section 328(5)(a).]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Copy of proposed statementE+W

[F722(1)Before making a statement, a local education authority shall serve on the parent of the child concerned a copy of the proposed statement.E+W

(2)But that is subject to sub-paragraphs (3) and (4).

(3)The copy of the proposed statement shall not specify any prescribed matter.

(4)The copy of the proposed statement shall not specify any matter in pursuance of section 324(4).]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F72Sch. 27 paras. 2-2B substituted for Sch. 27 para. 2 (15.6.2001 for E. for certain purposes and otherwise 1.1.2002 and 8.12.2001 for W. for certain purposes and otherwise 1.4.2002) by 2001 c. 10, s. 10, Sch. 1 para. 3 (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, arts. 4, 5, Sch. Pts. I, II

Amendments to a statementE+W

F732A(1)A local education authority shall not amend a statement except—

(a)in compliance with an order of the Tribunal,

(b)as directed by the Secretary of State under section 442(4), or

(c)in accordance with the procedure laid down in this Schedule.

(2)If, following a re-assessment review, a local education authority propose to amend a statement, they shall serve on the parent of the child concerned a copy of the proposed amended statement.

(3)Sub-paragraphs (3) and (4) of paragraph 2 apply to a copy of a proposed amended statement served under sub-paragraph (2) as they apply to a copy of a proposed statement served under paragraph 2(1).

(4)If, following a periodic review, a local education authority propose to amend a statement, they shall serve on the parent of the child concerned—

(a)a copy of the existing statement, and

(b)an amendment notice.

(5)If, at any other time, a local education authority propose to amend a statement, they shall proceed as if the proposed amendment were an amendment proposed after a periodic review.

(6)An amendment notice is a notice in writing giving details of the amendments to the statement proposed by the authority.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F73Sch. 27 paras. 2-2B substituted for Sch. 27 para. 2 (15.6.2001 for E. for certain purposes and otherwise 1.1.2002 and 8.12.2001 for W. for certain purposes and otherwise 1.4.2002) by 2001 c. 10, s. 10, Sch. 1 para. 3 (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, arts. 4, 5, Sch. Pts. I, II

Provision of additional informationE+W

F742B(1)Sub-paragraph (2) applies when a local education authority serve on a parent—

(a)a copy of a proposed statement under paragraph 2,

(b)a copy of a proposed amended statement under paragraph 2A, or

(c)an amendment notice under paragraph 2A.

(2)The local education authority shall also serve on the parent a written notice explaining (to the extent that they are applicable)—

(a)the arrangements under paragraph 3,

(b)the effect of paragraph 4, and

(c)the right to appeal under section 326.

(3)A notice under sub-paragraph (2) must contain such other information as may be prescribed.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F74Sch. 27 paras. 2-2B substituted for Sch. 27 para. 2 (15.6.2001 for E. for certain purposes and otherwise 1.1.2002 and 8.12.2001 for W. for certain purposes and otherwise 1.4.2002) by 2001 c. 10, s. 10, Sch. 1 para. 3 (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, arts. 4, 5, Sch. Pts. I, II

Choice of schoolE+W

3(1)Every local education authority shall make arrangements for enabling [F75a parent—E+W

(a)on whom a copy of a proposed statement has been served under paragraph 2,

(b)on whom a copy of a proposed amended statement has been served under paragraph 2A, or

(c)on whom an amendment notice has been served under paragraph 2A which contains a proposed amendment about —

(i)the type or name of a school or institution, or

(ii)the provision made for the child concerned under arrangements made under section 319,

to be specified in the statement,] to express a preference as to [F76the maintained school] at which he wishes education to be provided for his child and to give reasons for his preference.

(2)Any such preference must be expressed or made within the period of 15 days beginning—

(a)with the date on which the written notice mentioned in [F77paragraph 2B] was served on the parent, or

(b)if a meeting has (or meetings have) been arranged under paragraph 4(1)(b) or (2), with the date fixed for that meeting (or the last of those meetings).

(3)Where a local education authority make a statement in a case where the parent of the child concerned has expressed a preference in pursuance of such arrangements as to the school at which he wishes education to be provided for his child, they shall specify the name of that school in the statement unless—

(a)the school is unsuitable to the child’s age, ability or aptitude or to his special educational needs, or

(b)the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources.

(4)F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F75Words in Sch. 27 para. 3(1) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 4 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F76Words in Sch. 27 para 3(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 186(2)(a)(with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F77Words in Sch. 27 para 3(2) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 5 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Modifications etc. (not altering text)

Consultation on specifying name of school in statementE+W

[F793A(1)Sub-paragraph (2) applies if a local education authority are considering—

(a)specifying the name of a maintained school in a statement, or

(b)amending a statement—

(i)if no school was specified in the statement before the amendment, so that a maintained school will be specified in it,

(ii)if a school was specified in the statement before the amendment, so that a different school, which is a maintained school, will be specified in it.

(2)The local education authority shall—

(a)serve a copy of the proposed statement or amended statement, or of the existing statement and of the amendment notice, on each affected body, and

(b)consult each affected body.

(3)Affected body” means—

(a)the governing body of any school which the local education authority are considering specifying; and

(b)if a school which the local education authority are considering specifying is maintained by another local education authority, that authority.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

RepresentationsE+W

4(1)A parent on whom a copy of a proposed statement has been served under paragraph 2 [F80, or on whom a proposed amended statement or an amendment notice has been served under paragraph 2A,] may—E+W

(a)make representations (or further representations) to the local education authority about the content of the [F81proposed statement or the statement as it will have effect if amended in the way proposed by the authority], and

(b)require the authority to arrange a meeting between him and an officer of the authority at which the [F81proposed statement or the statement as it will have effect if amended in the way proposed by the authority] can be discussed.

(2)Where a parent, having attended a meeting arranged by a local education authority under sub-paragraph (1)(b) [F82in relation to—,

(c)a proposed statement, or

(d)an amendment proposed following a re-assessment review,]

disagrees with any part of the assessment in question, he may require the authority to arrange such meeting or meetings as they consider will enable him to discuss the relevant advice with the appropriate person or persons.

(3)In this paragraph—

  • relevant advice” means such of the advice given to the authority in connection with the assessment as they consider to be relevant to that part of the assessment with which the parent disagrees, and

  • appropriate person” means the person who gave the relevant advice or any other person who, in the opinion of the authority, is the appropriate person to discuss it with the parent.

(4)Any representations under sub-paragraph (1)(a) must be made within the period of 15 days beginning—

(a)with the date on which the written notice mentioned in [F83paragraph 2B] was served on the parent, or

(b)if a meeting has (or meetings have) been arranged under sub-paragraph (1)(b) or (2), with the date fixed for that meeting (or the last of those meetings).

(5)A requirement under sub-paragraph (1)(b) must be made within the period of 15 days beginning with the date on which the written notice mentioned in [F84paragraph 2B] was served on the parent.

(6)A requirement under sub-paragraph (2) must be made within the period of 15 days beginning with the date fixed for the meeting arranged under sub-paragraph (1)(b).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F80Words in Sch. 27 para. 4(1) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 8(a) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F81Words in Sch. 27 para. 4(1)(a)(b) substituted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 8(b) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614 art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F82Sch. 27 para. 4(2)(c)(d) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by virtue of 2001 c. 10, s. 10, Sch. 1 para 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614 art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F83Words in Sch. 27 para. 4(4)(a) substituted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 10 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F84Words in Sch. 27 para. 4(5) substituted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 10 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Making the statementE+W

5(1)Where representations are made to a local education authority under paragraph 4(1)(a), the authority shall not make [F85or amend] the statement until they have considered the representations and the period or the last of the periods allowed by paragraph 4 for making requirements or further representations has expired.E+W

(2)[F86If a local education authority make a statement, it] may be in the form originally proposed (except as to the matters required to be excluded from the copy of the proposed statement) or in a form modified in the light of the representations.

[F87(2A)If a local education authority amend a statement following service of a proposed amended statement under paragraph 2A, the amended statement made may be in the form proposed or in a form modified in the light of the representations.

(2B)If a local education authority amend a statement following service of an amendment notice, the amendments may be those proposed in the notice or amendments modified in the light of the representations.]

(3)Regulations may provide that, where a local education authority are under a duty (subject to compliance with the preceding requirements of this Schedule) to make a statement, the duty, or any step required to be taken for performance of the duty, must, subject to prescribed exceptions, be performed within the prescribed period.

(4)Such provision shall not relieve the authority of the duty to make a statement, or take any step, which has not been performed or taken within that period.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F85Words in Sch. 27 para. 5(1) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 11 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F86Words in Sch. 27 para. 5(2) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 12 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Service of statementE+W

[F886(1)Where a local education authority make or amend a statement they shall serve a copy of the statement, or the amended statement, on the parent of the child concerned.E+W

(2)They shall, at the same time, give the parent written notice of his right to appeal under section 326(1) against—

(a)the description in the statement of the authority’s assessment of the child’s special educational needs,

(b)the special educational provision specified in the statement (including the name of a school specified in the statement), or

(c)if no school is named in the statement, that fact.

(3)A notice under sub-paragraph (2) must contain such other information as may be prescribed.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F88Sch. 27 para. 6 substituted (15.6.2001 for E. for certain purposes and otherwise 1.1.2002 and 8.12.2001 for W. for certain purposes and otherwise 1.4.2002) by 2001 c. 10, s. 10, Sch. 1 para. 14 (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, arts. 4, 5, Sch. Pts. I, II

Keeping, disclosure and transfer of statementsE+W

7(1)Regulations may make provision as to the keeping and disclosure of statements.E+W

(2)Regulations may make provision, where a local education authority become responsible for a child for whom a statement is maintained by another authority, for the transfer of the statement to them and for Part IV to have effect as if the duty to maintain the transferred statement were their duty.

Change of named schoolE+W

8(1)Sub-paragraph (2) applies where—E+W

(a)the parent of a child for whom a statement is maintained which specifies the name of a school or institution asks the local education authority to substitute for that name the name of a maintained, grant-maintained or grant-maintained special school specified by the parent, and

(b)the request is not made less than 12 months after—

(i)an earlier request under this paragraph,

(ii)the service of a copy of the statement under paragraph 6,

(iii)[F89if the statement has been amended, the date when notice of the amendment is given under paragraph 10(3)(b), or]

(iv)if the parent has appealed to the Tribunal under section 326 or this paragraph, the date when the appeal is concluded,

whichever is the later.

(2)The local education authority shall comply with the request unless—

(a)the school is unsuitable to the child’s age, ability or aptitude or to his special educational needs, or

(b)the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources.

(3)Where the local education authority determine not to comply with the request—

(a)they shall give [F90notice in writing of that fact] to the parent of the child, and

(b)the parent of the child may appeal to the Tribunal against the determination.

[F91(3A)A notice under sub-paragraph (3)(a) must inform the parent of the right of appeal under sub-paragraph (3)(b) and contain such other information as may be prescribed.]

(4)On the appeal the Tribunal may—

(a)dismiss the appeal, or

(b)order the local education authority to substitute for the name of the school or other institution specified in the statement the name of the school specified by the parent.

(5)Regulations may provide that, where a local education authority are under a duty to comply with a request under this paragraph, the duty must, subject to prescribed exceptions, be performed within the prescribed period.

(6)Such provision shall not relieve the authority of the duty to comply with such a request which has not been complied with within that period.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F90Words in Sch. 27 para. 8(3)(a) substituted (1.4.2002 for W., otherwise prosp.) by 2001 c. 10, ss. 42(1), 43, Sch. 8 para. 9(1) (with s. 43(13)); S.I. 2002/74, art. 5, Sch. Pt. II

F91Sch. 27 para. 8(3A) inserted (1.4.2002 for W., otherwise prosp.) by 2001 c. 10, ss. 42(1), 43, Sch. 8 para. 9(2) (with s. 43(13)); S.I. 2002/74, art. 5, Sch. Pt. II

Modifications etc. (not altering text)

Procedure for amending or ceasing to maintain a statementE+W

9(1)A local education authority may not F92. . . cease to maintain, a statement except in accordance with paragraph F92. . . 11.E+W

(2)Sub-paragraph (1) does not apply where the local education authority—

(a)cease to maintain a statement for a child who has ceased to be a child for whom they are responsible, [F93or]

F94(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)are ordered to cease to maintain a statement under section 326(3)(c), F95. . .

F96(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F94Sch. 27 para. 9(2)(b) omitted (1.1.2002 (E.) and 1.4.2002 (W.)) by virtue of 2001 c. 10, s. 10, Sch. 1 para. 16(h)(ii) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II, (as amended by 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F95Word in Sch 27 para. 9(2)(c) omitted (1.1.2002 (E.) and 1.4.2002 (W.)) by virtue of 2001 c. 10, s. 10, Sch. 1 para. 16(h)(ii) (with s. 42(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F9710. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F97Sch. 27 para. 10 repealed (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, ss. 10, 42(6), Sch. 1 para. 17, Sch. 9 (with s. 42(13)); S.I 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

11(1)A local education authority may cease to maintain a statement only if it is no longer necessary to maintain it.E+W

(2)Where the local education authority determine to cease to maintain a statement—

(a)they shall give [F98notice in writing of that fact] to the parent of the child, and

(b)the parent of the child may appeal to the Tribunal against the determination.

[F99(2A)A notice under sub-paragraph (2)(a) must inform the parent of the right of appeal under sub-paragraph (2)(b) and contain such other information as may be prescribed.]

(3)On an appeal under this paragraph the Tribunal may—

(a)dismiss the appeal, or

(b)order the local education authority to continue to maintain the statement in its existing form or with such amendments of—

(i)the description in the statement of the authority’s assessment of the child’s special educational needs, or

(ii)the special educational provision specified in the statement,

and such other consequential amendments, as the Tribunal may determine.

(4)Except where the parent of the child appeals to the Tribunal under this paragraph, a local education authority may only cease to maintain a statement under this paragraph within the prescribed period beginning with the service of the notice under sub-paragraph (2).

[F100(5)A local education authority may not, under this paragraph, cease to maintain a statement if—

(a)the parent of the child has appealed under this paragraph against the authority’s determination to cease to maintain the statement, and

(b)the appeal has not been determined by the Tribunal or withdrawn.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F98Words in Sch. 27 para. 11(2)(a) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 10(1) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F99Sch. 27 para. 11(2A) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 10(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F101SCHEDULE 28E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F105SCHEDULE 29E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F106SCHEDULE 30E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Section 375.

SCHEDULE 31E+W Agreed syllabuses of religious education

Duty to convene conference to reconsider agreed syllabusE+W

1(1)Where the agreed syllabus for the time being adopted by a local education authority was adopted by them on or after 29th September 1988 but before 1st April 1994, they shall, within the period of five years beginning with the date on which they adopted the syllabus, convene a conference for the purpose of reconsidering the syllabus.E+W

(2)Sub-paragraph (1) does not apply where the authority have already convened such a conference on or after 1st April 1994 in pursuance of paragraph 12(3) of Schedule 5 to the M17Education Act 1944.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

2(1)A local education authority shall from time to time cause further conferences to be convened for the purpose of reconsidering any agreed syllabus for the time being adopted by them (whether adopted before, on or after 1st April 1994).E+W

(2)No such conference shall be convened later than the end of the period of five years beginning with the date (falling after 31st March 1994) on which—

(a)the authority adopted the syllabus, or

(b)the authority gave effect to a recommendation under paragraph 10(2) below (or under paragraph 13 of Schedule 5 to the Education Act 1944) that the syllabus should continue to be the agreed syllabus.

3On receipt by a local education authority of written notification of any such requirement as is mentioned in section 391(3), the authority shall cause a conference to be convened for the purpose of reconsidering any agreed syllabus to which the requirement relates.E+W

Constitution of conferenceE+W

4(1)A conference convened under this Schedule shall consist of such groups of persons (“committees”) appointed by the local education authority which convenes the conference as are required by sub-paragraph (2).E+W

(2)Those committees are—

(a)a committee of persons representing such Christian denominations and other religions and denominations of such religions as, in the opinion of the authority, will appropriately reflect the principal religious traditions in the area;

(b)except in the case of an area in Wales, a committee of persons representing the Church of England;

(c)a committee of persons representing such associations representing teachers as, in the opinion of the authority, ought to be represented, having regard to the circumstances of the area; and

(d)a committee of persons representing the authority.

(3)Where a committee is required to be appointed by virtue of sub-paragraph (2)(b), the committee required to be appointed by virtue of sub-paragraph (2)(a) shall not include persons appointed to represent the Church of England.

(4)The number of persons appointed under sub-paragraph (2)(a) to represent each denomination or religion required to be represented shall, so far as is consistent with the efficient discharge of the committee’s functions, reflect broadly the proportionate strength of that denomination or religion in the area.

5Any sub-committees appointed by the conference shall each include at least one member of each of the committees constituting the conference.E+W

6On any question to be decided by the conference or by any sub-committee of the conference, a single vote shall be given for each of the committees constituting the conference.E+W

7(1)Before appointing a person to represent any religion, denomination or associations as a member of a committee, the local education authority shall take all reasonable steps to assure themselves that he is representative of the religion, denomination or associations in question.E+W

(2)No proceedings under this Schedule shall be invalidated on the ground that a member of a committee did not represent the religion, denomination or associations which he was appointed to represent, unless it is shown that the authority failed to take the steps required by sub-paragraph (1).

8A person appointed as a member of a committee—E+W

(a)may resign his membership, or

(b)may be withdrawn from membership by the local education authority if, in their opinion, he ceases to be representative of the religion, denomination or associations which he was appointed to represent or (as the case may be) of the authority.

9Where a person resigns or is withdrawn from a committee, the local education authority shall appoint someone in his place in the same manner as that in which they made the original appointment.E+W

Reconsideration of agreed syllabusE+W

10(1)This paragraph applies where a local education authority cause a conference to be convened for the purpose of reconsidering any agreed syllabus under any of paragraphs 1 to 3.E+W

(2)If—

(a)the conference—

(i)unanimously recommend that the existing syllabus should continue to be the agreed syllabus, or

(ii)unanimously recommend a new syllabus to be adopted in substitution for the existing syllabus, and

(b)it appears to the local education authority that the syllabus or, as the case may be, the new syllabus, reflects the fact that the religious traditions in Great Britain are in the main Christian while taking account of the teaching and practices of the other principal religions represented in Great Britain,

the authority may give effect to the recommendation.

(3)If—

(a)the authority report to the Secretary of State that the conference are unable to reach unanimous agreement, or

(b)the conference unanimously recommend that the existing syllabus should continue to be the agreed syllabus but the local education authority consider that sub-paragraph (2)(b) prevents them from giving effect to the recommendation, or

(c)it appears to the Secretary of State that the authority have failed to exercise their power under sub-paragraph (2) to give effect to the unanimous recommendation of the conference,

the Secretary of State shall proceed in accordance with paragraph 12.

F10711. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Preparation of new syllabus by appointed bodyE+W

12(1)Where required by paragraph 10 to proceed in accordance with this paragraph, the Secretary of State shall appoint a body of persons having experience in religious education to prepare a syllabus of religious education.E+W

(2)The appointed body shall, so far as is practicable, be of a representative character which is the same as that required by paragraph 4 in the case of a conference.

13(1)The appointed body shall—E+W

(a)give the local education authority, the conference and every committee constituting the conference an opportunity of making representations to it;

(b)after considering any such representations made to it, prepare a syllabus of religious education; and

(c)transmit a copy of that syllabus to the authority and to the Secretary of State.

(2)Subject to sub-paragraph (1)(a), the appointed body may conduct its proceedings in such manner as it thinks fit.

14The syllabus prepared by the appointed body shall be deemed to be the agreed syllabus adopted for use in the schools for which, or for the class or description of pupils for which, it was prepared—E+W

(a)as from such date as the Secretary of State may direct, and

(b)until a new syllabus is adopted for use in those schools, or for pupils of that class or description, in accordance with this Schedule.

Special provisions applicable where order under section 27(1)(b) appliesE+W

F10815. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F109SCHEDULE 32E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F110SCHEDULE 33E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F111Schedule 33AE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F131Schedule 33BE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Section 476.

SCHEDULE 34E+W Independent Schools Tribunals

Appointment of legal and educational panelsE+W

1(1)For the purpose of enabling Independent Schools Tribunals to be constituted as occasion may require there shall be two panels.E+W

(2)One of the panels (the “legal panel”) shall consist of persons who will be available to act when required as chairmen of such tribunals and shall be appointed by the Lord Chancellor.

(3)The other panel (the “educational panel”) shall consist of persons who will be available to act when required as members of such tribunals and shall be appointed by the Lord President of the Council.

Qualifications for appointmentE+W

2(1)A person is not qualified to be appointed to the legal panel unless he possesses such legal qualifications as the Lord Chancellor considers suitable.E+W

(2)A person is not qualified to be appointed to the educational panel unless he has had such experience in teaching or in the conduct, management or administration of schools as the Lord President of the Council considers suitable.

(3)A person who is—

(a)an officer of a government department, or

(b)employed by a local education authority otherwise than as a teacher,

is disqualified from being appointed to either panel.

Terms and conditions of appointmentE+W

3(1)Subject (in the case of a member of the legal panel) to sub-paragraph (2), a person appointed to be a member of a panel shall hold office as such subject to such conditions as to the period of his membership and otherwise as may be determined by the Lord Chancellor or the Lord President of the Council, as the case may be.E+W

(2)No appointment of a person to be a member of the legal panel shall be such as to extend beyond the day on which he attains the age of 70; but this sub-paragraph has effect subject to section 26(4) to (6) of the M23Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

Constitution of tribunalE+W

4(1)Where an appeal is required to be determined by an Independent Schools Tribunal, the tribunal shall consist of—E+W

(a)a chairman who is a member of the legal panel, and

(b)two other members who are members of the educational panel.

(2)The chairman and other members of the tribunal shall be impartial persons appointed from those panels by the Lord Chancellor and the Lord President of the Council respectively.

RemunerationE+W

5The Secretary of State may pay to the members of an Independent Schools Tribunal such remuneration and allowances as he may determine with the consent of the Treasury.E+W

F140SCHEDULE 35E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F140Sch. 35 repealed (1.9.1997) by 1997 c. 59, ss. 1(1)(c), 6(3), 7(3)(a), Sch. Pt. I (with s. 1(3))

[F141SCHEDULE 35AE+WAcademies: land

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Transfer schemesE+W

1(1)The Secretary of State may make a scheme in relation to land if these requirements are met—

(a)a local education authority holds a freehold or leasehold interest in the land when the scheme is made;

(b)at any time in the period of eight years ending with the day on which the scheme is made the land was used wholly or mainly for the purposes of a county school or community school;

(c)at the time the scheme is made the land is no longer used as mentioned in paragraph (b) or the Secretary of State thinks it is about to be no longer so used;

(d)before making the scheme the Secretary of State consulted the authority.

(2)The Secretary of State may also make a scheme in relation to land if these requirements are met—

(a)a local education authority holds a freehold or leasehold interest in the land when the scheme is made;

(b)the land forms the whole or part of a site specified in a notice published under section 70 of the Education Act 2002 (new schools to meet increased demand for secondary education) as a possible site for a new school;

(c)before making the scheme, the Secretary of State consulted the authority.

(3)These requirements must be met as regards a scheme under sub-paragraph (1) or (2)—

(a)the scheme must provide for a transfer of the authority’s interest in the land or in such part of it as is specified in the scheme;

(b)the transfer must be to a person (the transferee) who is specified in the scheme and is concerned with the running of an Academy;

(c)the transfer must be made to the transferee for the purposes of the Academy;

(d)in the case of a scheme under sub-paragraph (2), the Academy must have been the subject of proposals published under section 70 of the Education Act 2002;

(e)the scheme must provide for the transfer to the transferee of any right or liability held by the authority as holder of the interest in the land or specified part concerned.

(4)In sub-paragraph (3) the reference to a right or liability—

(a)includes a reference to a right or liability as a trustee, but

(b)excludes a reference to a liability in respect of the principal of or interest on a loan.

(5)A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.

(6)A scheme must be so expressed that it does not come into force while the land concerned is used as mentioned in sub-paragraph (1)(b).

(7)A scheme comes into force—

(a)on the day it specifies for it to come into force, or

(b)on the day it otherwise identifies as the day for it to come into force.

(8)When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interests, rights and liabilities to which it applies.

(9)A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.

Restriction on disposalE+W

2(1)Sub-paragraph (2) applies if—

(a)a freehold or leasehold interest in land is held by a local education authority,

(b)the authority proposes to make a disposal in respect of the interest, or to enter into a contract to make a disposal in respect of it, or to grant an option to make an acquisition in respect of it, and

(c)at any time in the period of eight years ending with the day on which the disposal, contract or option is proposed to be made, entered into or granted, the land was used wholly or mainly for the purposes of a county school or community school.

(2)Unless the Secretary of State consents, the authority must not make the disposal or enter into the contract or grant the option.

(3)Sub-paragraph (2) does not apply to a disposal made in pursuance of a contract made, or option granted, before the coming into force of this paragraph.

(4)Sub-paragraph (2) does not apply to—

(a)a disposal in favour of a person for the purposes of an Academy and for no consideration;

(b)a contract to make such a disposal;

(c)a grant of an option for a person to make an acquisition for the purposes of an Academy and for no consideration.

(5)A disposal or contract or grant is not invalid by reason only that it is made in contravention of sub-paragraph (2).

(6)A person acquiring an interest in land or entering into a contract to acquire it is not to be concerned to enquire whether consent required by sub-paragraph (2) has been given.

3(1)This paragraph applies if an authority makes a disposal or enters into a contract or grants an option in contravention of paragraph 2(2).E+W

(2)In the case of a grant of an option, the Secretary of State may by notice served on the option holder repudiate the option at any time before it is exercised.

(3)In the case of a contract to make a disposal in respect of an interest, the Secretary of State may by notice served on the other party to the contract repudiate it at any time before a conveyance of the interest is executed.

(4)A repudiation under sub-paragraph (2) or (3) has effect—

(a)when the notice is served, and

(b)as if the repudiation were made by the authority.

(5)In the case of a disposal in respect of an interest (whether or not in pursuance of an option or contract falling within sub-paragraph (2) or (3)) the Secretary of State may purchase the interest concerned compulsorily.

(6)The Acquisition of Land Act 1981 (c. 67) is to apply in relation to the compulsory purchase of an interest under sub-paragraph (5).

(7)On completion of a compulsory purchase of an interest under sub-paragraph (5) the Secretary of State must transfer it to a person concerned with the running of an Academy.

(8)If the Secretary of State acquires an interest by compulsory purchase under sub-paragraph (5) he is entitled to recover from the authority an amount equal to the aggregate of—

(a)the compensation agreed or awarded in respect of the purchase,

(b)any interest payable by him in respect of the compensation, and

(c)the costs and expenses incurred by him in connection with the making of the compulsory purchase order.

(9)The authority must provide the Secretary of State with such information as he may require it to provide in connection with a compulsory purchase under sub-paragraph (5).

4(1)For the purposes of paragraphs 2 and 3—E+W

(a)references to a disposal in respect of an interest are to a disposal of the whole interest or of a lesser interest;

(b)references to an acquisition in respect of an interest are to an acquisition of the whole interest or of a lesser interest.

(2)If the disposal referred to in paragraph 3(3) or (5) is a disposal of a lesser interest, the reference there to the interest concerned is to the lesser interest.

Restriction on appropriationE+W

5(1)Sub-paragraph (2) applies if—

(a)a freehold or leasehold interest in land is held by a local education authority,

(b)the authority proposes to make an appropriation of the land under section 122 of the Local Government Act 1972 (c. 70), and

(c)at any time in the period of eight years ending with the day on which the appropriation is proposed to be made the land was used wholly or mainly for the purposes of a county school or community school.

(2)Unless the Secretary of State consents, the authority must not make the appropriation.

6(1)This paragraph applies if an authority makes an appropriation in contravention of paragraph 5(2).E+W

(2)The Secretary of State may purchase the interest concerned compulsorily.

(3)Paragraph 3(6) to (9) apply to a compulsory purchase of an interest under sub-paragraph (2) above as they apply to a compulsory purchase of an interest under paragraph 3(5).

Duty to informE+W

7(1)Sub-paragraph (2) applies if—

(a)a freehold or leasehold interest in land is held by a local education authority,

(b)the authority proposes to change the use of the land in such a way that (were the change made) the land would cease to be capable of use wholly or mainly for the purposes of a school, and

(c)at any time in the period of eight years ending with the date of the proposed change of use the land was used wholly or mainly for the purposes of a county school or community school.

(2)The authority must inform the Secretary of State of the proposal.

Former AcademiesE+W

8(1)This paragraph applies if—

(a)a freehold or leasehold interest in land is transferred from a local education authority on or after 28th July 2000,

(b)the transfer is made to a person for the purposes of an Academy, and

(c)the first or the second condition set out below is satisfied.

(2)The first condition is that—

(a)the school concerned ceases to be an Academy, and

(b)immediately before the school ceases to be an Academy the interest is held by a person for the purposes of the Academy.

(3)The second condition is that, although the school concerned continues to be an Academy, the interest ceases to be held for the purposes of the Academy.

(4)This paragraph applies whether or not the transfer is made by virtue of a scheme under paragraph 1.

(5)Sub-paragraph (2) applies whether or not, on the school ceasing to be an Academy, it simultaneously ceases to function as a school.

(6)The Secretary of State may make a scheme providing for the transfer of the interest—

(a)from the person holding it;

(b)to the authority from which the transfer mentioned in sub-paragraph (1)(a) was made.

(7)A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.

(8)A scheme comes into force on the day it specifies for it to come into force.

(9)When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interest to which it applies.

(10)A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.

Disapplication of rule against perpetuitiesE+W

9Where—

(a)a freehold or leasehold interest in land is transferred for no consideration from a local authority to a person for the purposes of an Academy (whether or not by virtue of a scheme under paragraph 1), and

(b)at any time on or after the day on which this Schedule comes into force the authority is granted an option to make a re-acquisition of the interest (subject to whatever conditions),

the rule against perpetuities does not apply to the option.

Other ActsE+W

10(1)Where a lease is granted by or transferred from a local authority to a person for the purposes of an Academy on or after the day on which this Schedule comes into force, section 153 of the Law of Property Act 1925 (c.20) (enlargement of leases granted for no rent etc) does not apply to permit that person to enlarge the term under the lease.

(2)Section 123(2) of the Local Government Act 1972 (c. 70) (disposal for consideration less than the best reasonably obtainable) does not apply to a disposal to a person for the purposes of an Academy.

(3)Section 123(2A) of that Act (disposal of open space requires certain procedures) does not apply to a disposal which is made—

(a)to a person for the purposes of an Academy, and

(b)for no consideration.

(4)Section 77(1) of the School Standards and Framework Act 1998 (c. 31) (restriction on disposal of playing fields) does not apply to a disposal which is made—

(a)by a local authority (within the meaning of that section) to a person for the purposes of an Academy, and

(b)for no consideration.

RegulationsE+W

11Regulations under this Schedule may in particular include—