Education Act 1996

51 Division of a voluntary school

(1) Where—

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

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

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

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

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

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

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

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

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

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