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School Standards and Framework Act 1998

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SCHEDULES

Section 11.

SCHEDULE 1E+W Provisions relating to an Education Action Forum

PowersE+W

1(1)An Education Action Forum may, subject to sub-paragraph (2), do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of its functions.E+W

(2)A Forum shall not have power to borrow money.

ChairmanE+W

2The members of an Education Action Forum shall elect one of their number to be chairman of the Forum, who shall hold office for such period as is specified in the order by which the Forum is established under section 10(1).

CommitteesE+W

3An Education Action Forum may—

(a)establish a committee for any purpose; and

(b)authorise any such committee to exercise such of its functions as it may determine.

ProceedingsE+W

4The Secretary of State may by regulations make provision as to the meetings and proceedings of an Education Action Forum.

5The validity of the proceedings of an Education Action Forum shall not be affected by a vacancy among the members or any defect in the appointment of a member.

6Subject to the preceding provisions of this Schedule, an Education Action Forum may regulate its own procedure and that of any of its committees.

AccountsE+W

7(1)It shall be the duty of an Education Action Forum—E+W

(a)to keep proper accounts and proper records in relation to the accounts,

(b)to prepare in respect of each financial year of the Forum a statement of accounts, and

(c)to send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(2)The statement of accounts shall comply with any directions given by the Secretary of State as to—

(a)the information to be contained in it,

(b)the manner in which the information contained in it is to be presented, or

(c)the methods and principles according to which the statement is to be prepared.

(3)The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

(4)In this paragraph “financial year” means the period beginning with the date on which the Forum is established and ending with the 31st March following that date, and each successive period of twelve months.

Application of seal and proof of instrumentsE+W

8The application of the seal of an Education Action Forum shall be authenticated by the signature—

(a)of the chairman or of some other person authorised either generally or specially by the Forum to act for that purpose, and

(b)of one other member.

9Every document purporting to be an instrument made or issued by or on behalf of an Education Action Forum and to be duly executed under the seal of the Forum, or to be signed or executed by a person authorised by the Forum 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.

Charitable statusE+W

10An Education Action Forum shall be a charity which is an exempt charity for the purposes of the M1Charities Act 1993.

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Marginal Citations

Section 19A

[F1SCHEDULE 1AE+WGoverning bodies consisting of interim executive members

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Amendments (Textual)

F1Sch. 1A inserted (2.9.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 59(2), 216, Sch. 6 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4

Interpretation of ScheduleE+W+S+N.I.

1(1)In this Schedule—

  • the appropriate authority” means—

    (a)

    where this Schedule applies by virtue of a notice under section 16A(1), the local education authority who gave the notice, and

    (b)

    where this Schedule applies by virtue of a notice under section 18A(1), the Secretary of State;

  • existing governors”, in relation to a school in respect of which a notice under section 16A(1) or 18A(1) has been given, means the governors who hold office immediately before the governing body becomes constituted in accordance with this Schedule;

  • the interim period”, in relation to a school in respect of which a notice under section 16A(1) or 18A(1) has been given, means the period during which the governing body is constituted in accordance with this Schedule;

  • a normally constituted governing body” means a governing body constituted in accordance with regulations made by virtue of section 19 of the Education Act 2002 (governing bodies).

(2)In this Schedule any reference to the discontinuance of a maintained school is a reference to the local education authority ceasing to maintain it.

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Modifications etc. (not altering text)

Governing body to consist of members appointed by appropriate authorityE+W+S+N.I.

2(1)The governing body of the school shall consist of members appointed by the appropriate authority, instead of being constituted in accordance with regulations made by virtue of section 19 of the Education Act 2002.

(2)In the following provisions of this Schedule—

(a)the governing body as constituted in accordance with this Schedule is referred to as “the interim executive board”, and

(b)the members of the governing body as so constituted are referred to as “interim executive members”.

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Modifications etc. (not altering text)

Effect of notice under section 16A(1) or 18A(1)E+W+S+N.I.

3(1)On the date specified in the notice under section 16A(1) or 18A(1), the existing governors shall vacate office.

(2)Sub-paragraph (1) does not prevent the appointment of an existing governor as an interim executive member.

(3)During the interim period, any reference in any provision contained in, or made under, the Education Acts to a governor or foundation governor of a school shall have effect, in relation to the school, as a reference to an interim executive member.

(4)During the interim period, section 83 (modification of provisions making governors of foundation or voluntary school ex officio trustees) shall have effect in relation to the school with the substitution for paragraphs (a) to (c) of a reference to the interim executive members.

Interim executive membersE+W+S+N.I.

4(1)The number of interim executive members must not be less than two.

(2)The initial appointment of interim executive members shall be made so as to take effect on the date specified in the notice under section 16A(1) or 18A(1).

(3)The appropriate authority may appoint further interim executive members at any time during the interim period.

5(1)Every appointment of an interim executive member must be made by an instrument in writing setting out the terms of his appointment.E+W+S+N.I.

(2)An interim executive member—

(a)shall hold office in accordance with the terms of his appointment and subject to paragraph 18, and

(b)may at any time be removed from office by the appropriate authority for incapacity or misbehaviour.

(3)The terms of appointment of an interim executive member may provide for his appointment to be terminable by the appropriate authority by notice.

Duty of appropriate authority to inform other personsE+W+S+N.I.

6(1)The appropriate authority shall give a copy of the notice under section 16A(1) or 18A(1) and of every instrument of appointment of an interim executive member—

(a)to every interim executive member,

(b)to every existing governor of the school,

(c)where the local education authority are the appropriate authority, to the Secretary of State,

(d)where the Secretary of State is the appropriate authority, to the local education authority,

(e)in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales school or a Roman Catholic Church school, to the appropriate diocesan authority, and

(f)in the case of any other foundation or voluntary school, to the person or persons by whom the foundation governors are appointed.

(2)A failure to comply with sub-paragraph (1) does not invalidate the notice or appointment.

Power to specify duration of interim periodE+W+S+N.I.

7The appropriate authority may in the notice under section 16A(1) or 18A(1) specify the duration of the interim period.

ChairmanE+W+S+N.I.

8The appropriate authority may nominate one of the interim executive members to be chairman of the interim executive board.

Remuneration and allowancesE+W+S+N.I.

9The appropriate authority may pay to any interim executive member such remuneration and allowances as the appropriate authority may determine.

Duty of interim executive boardE+W+S+N.I.

10(1)During the interim period, the interim executive board shall conduct the school so as to secure, so far as is practicable to do so, the provision of a sound basis for future improvement in the conduct of the school.

(2)Sub-paragraph (1) is without prejudice to the other duties of the interim executive board as governing body.

Proceedings of interim executive boardE+W+S+N.I.

11(1)The interim executive board may determine their own procedure.

(2)The interim executive board may make such arrangements as they think fit for the discharge of their functions by any other person.

Effect on suspension of delegated budgetE+W+S+N.I.

12(1)If immediately before the date specified in a notice under section 16A(1) or 18A(1) the school does not have a delegated budget, the suspension of the governing body’s right to a delegated budget is by virtue of this sub-paragraph revoked with effect from that date.

(2)If a notice under paragraph 1 of Schedule 15 (suspension of delegated budget for mismanagement etc.) has been given to the governing body before the date specified in a notice under section 16A(1) or 18A(1) but has not yet taken effect, the notice shall cease to have effect on that date.

(3)During the interim period, the local education authority may not exercise the power conferred by section 17 (power to suspend right to delegated budget).

(4)Sub-paragraph (1) is to be construed in accordance with section 49(7).

Exclusion of certain statutory provisionsE+W+S+N.I.

13(1)Regulations made by virtue of subsection (2) or (3) of section 19 of the Education Act 2002 (governing bodies) shall not apply in relation to the interim executive board.

(2)The instrument of government of the school shall not, so far as it relates to the constitution of the governing body, have effect in relation to the interim executive board.

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Modifications etc. (not altering text)

14During the interim period—

(a)the local education authority may not exercise any power conferred by section 16 (power to appoint additional governors), and

(b)the Secretary of State may not exercise any power conferred by section 18 (power to appoint additional governors).

Closure of schoolE+W+S+N.I.

15(1)At any time during the interim period, the interim executive board may, if they think fit, make a report to the local education authority and the Secretary of State recommending that the school be discontinued, and stating the reasons for that recommendation.

(2)The interim executive board may not—

(a)publish under section 29(2) proposals to discontinue the school, or

(b)serve notice under section 30(2).

16(1)Where during the interim period—E+W+S+N.I.

(a)the Secretary of State gives a direction under section 19(1) or 32(1) in relation to the school, or

(b)the local education authority determine to discontinue the school,

the interim period shall continue until the discontinuance date, even where it would otherwise end before that date.

(2)In this paragraph “the discontinuance date” means—

(a)the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 6,

(b)the date on which the school is discontinued under section 30, or

(c)the date specified in the direction under section 19(1) or 32(1),

as the case may be.

Notice of resumption of government by normally constituted governing bodyE+W+S+N.I.

17(1)Where—

(a)the notice under section 16A(1) or 18A(1) did not specify the duration of the interim period, and

(b)paragraph 16 does not apply,

the appropriate authority may give notice to the persons mentioned in sub-paragraph (2) specifying a date on which the governing body are to become a normally constituted governing body.

(2)The persons referred to in sub-paragraph (1) are—

(a)every interim executive member,

(b)where the local education authority are the appropriate authority, the Secretary of State,

(c)where the Secretary of State is the appropriate authority, the local education authority,

(d)in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority, and

(e)in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

Time when interim executive members cease to hold officeE+W+S+N.I.

18(1)The interim executive members shall vacate office—

(a)in a case where paragraph 16 applies, on the discontinuance date within the meaning of that paragraph,

(b)in a case where that paragraph does not apply and the notice under section 16A(1) or 18A(1) specified the duration of the interim period, at the end of the specified period, and

(c)in any other case, on the date specified under paragraph 17 (1).

(2)Sub-paragraph (1) does not prevent the termination of the appointment of an interim executive member at any earlier time under paragraph 5(2)(b) or in accordance with the terms of his appointment.

Establishment of normally constituted governing bodyE+W+S+N.I.

19(1)Where interim executive members are to vacate office on the date referred to in paragraph 18(1)(b) or (c), the local education authority shall make arrangements providing for the constitution of the governing body on and after that date.

(2)Regulations may make provision with respect to the transition from an interim executive board to a normally constituted governing body, and may in connection with that transition—

(a)modify any provision made under any of sections 19, 20 and 23 of the Education Act 2002 or by Schedule 1 to that Act,

(b)apply any such provision with or without modifications, and

(c)make provision corresponding to or similar to any such provision.

(3)The provision that may be made by virtue of sub-paragraph (2) includes, in particular, provision enabling governors to be elected or appointed, and to exercise functions, before the end of the interim period.]

Section 20.

SCHEDULE 2E+W Allocation of existing schools to new categories

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Modifications etc. (not altering text)

C4Sch. 2 excluded (7.9.1998) (temp.) by S.I. 1998/1969, reg.18

Allocation of LEA-maintained schoolsE+W

1A school which immediately before the appointed day is (within the meaning of the M2Education Act 1996)—

(a)a county school,

(b)a controlled, aided or special agreement school, or

(c)a maintained special school,

shall become on that day a school of the category to which it is allocated by the following table.

Existing schoolAllocated new category
A county school.Community school.
A controlled school.Voluntary controlled school.

(1) An aided school.

(2) A special agreement school.

Voluntary aided school.
A maintained special school.Community special school.
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Marginal Citations

Allocation of grant-maintained and grant-maintained special schoolsE+W

2A school which immediately before the appointed day is (within the meaning of the M3Education Act 1996)—

(a)a grant-maintained school, or

(b)a grant-maintained special school,

shall become on that day a school of the category to which it is to be allocated in accordance with the following paragraphs of this Schedule.

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Marginal Citations

Indicative allocation of schools within paragraph 2E+W

3For the purposes of this Schedule the indicative allocation of a school within paragraph 2 is shown in the following table.

Existing schoolIndicative new category

(1) A grant-maintained school formerly a county or controlled school.

(2) A grant-maintained school established by the Funding Agency for Schools.

Foundation school.

(1) A grant-maintained school formerly an aided or special agreement school.

(2) A grant-maintained school established by promoters (within the meaning of Part III of the Education Act 1996).

Voluntary aided school.
A grant-maintained special school.Foundation special school.

Any reference in the first column to a school of a particular description is a reference to a school of that description within the meaning of the Education Act 1996.

Preliminary decision by governing body as to new categoryE+W

4(1)The governing body of a school within paragraph 2 shall in the first instance take a decision (their “preliminary decision”) on the question whether—E+W

(a)to accept the school’s allocation to a particular category in accordance with its indicative allocation, or

(b)to opt for it to be allocated to a different category.

(2)Regulations may make provision as to the procedure to be followed in connection with the taking by governing bodies of their preliminary decisions under sub-paragraph (1).

(3)Regulations under sub-paragraph (2) may, in particular, make provision—

(a)as to the consultation to be carried out by governing bodies before taking their preliminary decisions;

(b)as to the time by which governing bodies are to take such decisions;

(c)as to the notification of such decisions to prescribed persons;

(d)as to the provision of prescribed information to prescribed persons;

(e)authorising governing bodies to charge a fee (not exceeding the cost of supply) for prescribed documents supplied by them in pursuance of regulations made by virtue of paragraph (d);

(f)requiring the holding of ballots of registered parents in prescribed cases;

(g)enabling the Secretary of State, in any prescribed circumstances, to declare a previous ballot void and require the holding of a fresh ballot;

(h)as to the conduct of ballots held under the regulations;

(i)specifying criteria for determining, for the purposes of the regulations and this Schedule, the result of any such ballot.

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Modifications etc. (not altering text)

C5Sch. 2 paras. 4-7 excluded (7.9.1998) by S.I. 1998/1969, reg. 19(2)

Final decision by governing body as to new categoryE+W

5(1)Where—E+W

(a)the governing body of a school within paragraph 2 have taken their preliminary decision under sub-paragraph (1) of paragraph 4, and

(b)the result of a ballot held by virtue of that paragraph does not accord with that decision,

the governing body shall reconsider the question set out in that sub-paragraph, having regard to the result of the ballot, and shall then take a further decision on that question.

(2)Where—

(a)the governing body of a school within paragraph 2 have taken their preliminary decision under sub-paragraph (1) of paragraph 4, and

(b)either—

(i)a ballot was held by virtue of that paragraph whose result (if any) was not to disagree with that decision, or

(ii)no such ballot was required to be held,

the governing body shall take a further decision confirming their preliminary decision.

(3)Regulations may make provision as to the procedure to be followed in connection with the taking by governing bodies of their final decisions (including, in particular, provision as to the time by which governing bodies are to take such decisions).

(4)In this Schedule any reference to a governing body’s “final decision” is a reference to any such further decision as is required by sub-paragraph (1) or (2).

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Modifications etc. (not altering text)

C6Sch. 2 paras. 4-7 excluded (7.9.1998) by S.I. 1998/1969, reg. 19(2)

Notification of final decisionE+W

6(1)Once the governing body of a school within paragraph 2 have taken their final decision, they shall give written notification of that decision to the Secretary of State.E+W

(2)Regulations may make provision—

(a)requiring governing bodies—

(i)when giving such notifications, to certify such matters as may be specified in the regulations, and

(ii)to provide such information to such persons as may be so specified;

(b)as to the time by which such notifications are to be given or such information is to be provided.

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Modifications etc. (not altering text)

C7Sch. 2 paras. 4-7 excluded (7.9.1998) by S.I. 1998/1969, reg. 19(2)

Final determination of new categoryE+W

7(1)If—E+W

(a)the final decision of the governing body of a school within paragraph 2 accorded with the school’s indicative allocation, and

(b)either—

(i)a ballot was held by virtue of paragraph 4 whose result (if any) was not to disagree with that allocation, or

(ii)no such ballot was required to be held,

the school shall be allocated to the category provided for by its indicative allocation.

(2)If in the case of a school within paragraph 2—

(a)the final decision of the governing body, or

(b)the result of a ballot held by virtue of paragraph 4,

did not accord with the school’s indicative allocation, the school shall be allocated to such category (whether or not that provided for by its indicative allocation) as the Secretary of State may determine in conformity with regulations under paragraph 8.

(3)The Secretary of State shall notify the governing body of each school within paragraph 2 of the category to which it is allocated in accordance with this paragraph.

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Modifications etc. (not altering text)

C8Sch. 2 paras. 4-7 excluded (7.9.1998) by S.I. 1998/1969, reg. 19(2)

Restrictions on decisions as to categoriesE+W

8Regulations may make provision for prohibiting a school of any description specified in the regulations—

(a)from being allocated under paragraph 7 to a category so specified; or

(b)from being so allocated unless such conditions are satisfied as are so specified.

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Subordinate Legislation Made

P1Power conferred by Sch. 2, para.8 exercised; 7.9.1998 appointed by S.I. 1998/1969, reg. 1

Transitional arrangements: schools within paragraph 2E+W

9(1)Where the category to which a school within paragraph 2 is to be allocated has not been finally determined, in accordance with the preceding paragraphs of this Schedule, by the appointed day, the school shall be taken to be allocated on that day to the category provided for by its indicative allocation.E+W

(2)Sub-paragraph (1) does not prevent such a school from being subsequently allocated to a different category in accordance with paragraph 7.

(3)Where such a school is subsequently so allocated, section 20(2)(a) shall apply to it as if it had been allocated to the category in question on the appointed day.

Transitional arrangements: generalE+W

10(1)Regulations may make such provision as the Secretary of State considers appropriate in connection with the allocation to the new categories of maintained schools of schools—E+W

(a)to which paragraph 9(1) applies; or

(b)whose school opening date falls on or after the date of the passing of this Act; or

(c)in relation to which a duty to implement proposals to discontinue the school has arisen, or a notice to discontinue the school has been given; or

(d)in relation to which a notice has been given under section 272 of the M4Education Act 1996 (school unsuitable to continue as grant-maintained school) which contains such a statement as is mentioned in subsection (3) or (5)(b) of that section.

(2)Regulations under sub-paragraph (1) may provide that any provision of the Education Acts shall apply to any such school with such modifications as are specified in the regulations.

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Subordinate Legislation Made

P2Power conferred by Sch. 2, para. 10 exercised; 7.9.1998 appointed by S.I. 1998/1969, reg. 1

Marginal Citations

Effect of allocationE+W

11The allocation of a school to a particular category under this Schedule shall not be taken as authorising or requiring any change as from the appointed day in the character of the school conducted by its governing body (including, in particular, any religious character of the school).

Section 22.

SCHEDULE 3E+W Funding of foundation, voluntary and foundation special schools

Part IE+W Foundation, voluntary controlled and foundation special schools

Obligations of governing bodiesE+W

1(1)The governing body of a foundation, voluntary controlled or foundation special school are (in accordance with section 22(4)) not responsible for any of the expenses of maintaining the school.E+W

(2)Sub-paragraph (1) does not apply to the repayment of the principal of, or interest on, a loan made to the governing body.

Obligations of LEAs as regards provision of sites and buildings (otherwise than in connection with statutory proposals)E+W

2(1)In the case of a foundation, voluntary controlled or foundation special school, the local education authority shall provide—E+W

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

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

(2)Sub-paragraph (1) does not—

(a)apply in relation to the provision of any site or buildings which the authority or promoters are required to provide by virtue of Part III of Schedule 6 (provision of premises in connection with statutory proposals); or

(b)require the local education authority to finance the acquisition by the governing body of any site or buildings provided otherwise than by the authority.

(3)Where a site is provided for a school under this paragraph, the local education authority shall transfer their interest in the site, and in any buildings on the site which are to form part of the school premises—

(a)to the trustees of the school, to be held by them on trust for the purposes of the school, or

(b)if the school has no trustees, to the school’s foundation body or (in the absence of such a body) to the governing body, to be held by that body for the relevant purposes.

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

(5)The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

(6)Where—

(a)a transfer is made under this paragraph, and

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

those persons shall notify the local education authority that paragraph (b) applies to them and they or their successors shall pay to the local education authority so much of that sum as, having regard to the value of the interest transferred, may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the Secretary of State.

(7)In sub-paragraph (6)(b) the reference to proceeds of the sale of other premises includes a reference to—

(a)consideration for the creation or disposition of any kind of interest in other premises, including rent; and

(b)interest which has accrued in respect of any such consideration;

and for the purposes of any agreed determination under sub-paragraph (6) regard shall be had to any guidance given from time to time by the Secretary of State.

(8)Any sum paid under sub-paragraph (6) shall be treated for the purposes of section 14 of the M5Schools Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school.

(9)A determination may be made under sub-paragraph (6) in respect of any property subject to a trust which has arisen under section 1 of the M6Reverter of Sites Act 1987 (right of reverter replaced by trust for sale) if (and only if)—

(a)the determination is made by the Secretary of State, and

(b)he is satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.

(10)Sub-paragraph (6) shall apply for the purpose of compensating the authority notified under that sub-paragraph only in relation to such part of the sum mentioned in sub-paragraph (6)(b) (if any) as remains after the application of paragraphs 1 to 3 of Schedule 22 to that sum.

(11)In this paragraph—

  • the relevant purposes” means—

    (a)

    in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts, and

    (b)

    in relation to a transfer to a school’s governing body, the purposes of the school;

  • site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.

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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

Part IIE+W Voluntary aided schools

Obligations of governing bodiesE+W

[F23(1)In the case of a voluntary aided school, the governing body of the school are responsible for meeting all capital expenditure in relation to the school premises subject to sub-paragraph (2) below.E

(2)The duty in sub-paragraph (1) does not extend—

(a)to capital expenditure in relation to playing fields or any building or other structure erected thereon in connection with the use of playing fields, but does extend to capital expenditure in relation to boundary walls and fences;

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

(c)to capital expenditure on the provision of any new site which the local education authority is to provide by virtue of paragraph 4 of this Schedule.

(3)For the purposes of this Schedule “capital expenditure” has the meaning given by Article 13 of The Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002, as it has effect from time to time.]

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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.

Extent Information

E1This version of this provision extends to England only; a separate version has been created for Wales.

Amendments (Textual)

3(1)In the case of a voluntary aided school, the expenses of discharging any liability incurred by or on behalf of—W

(a)the governing body of the school,

(b)any former governors of the school, or

(c)any trustees of the school,

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

In this sub-paragraph “specified equipment” means equipment of any description specified by the Secretary of State for the purposes of this sub-paragraph.

(2)In addition, any expenses incurred—

(a)in making to the school buildings of a voluntary aided school such alterations as may be required by the local education authority for the purpose of securing that the school premises conform to the standards prescribed under section 542 of the M105Education Act 1996, or

(b)in effecting repairs to the school buildings, other than repairs falling within sub-paragraph (3),

are payable by the governing body of the school.

(3)The governing body of a voluntary aided school are not responsible—

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

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

(4)Nothing in this paragraph imposes on the governing body of a voluntary aided school which was (either before or after the appointed day) a school of a different description any obligation in respect of a liability incurred at any time before the school became a voluntary aided school if at that time no obligation in respect of that liability was imposed on them, as the governing body of a school of that description, under this Act or the M106Education Act 1996, as the case may be.

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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.

Extent Information

E8This version of this provision extends to Wales only; a separate version has been created for England.

Marginal Citations

Obligations of LEAs as regards provision of sites (otherwise than in connection with statutory proposals)E+W

4(1)In the case of a voluntary aided school, the local education authority shall provide any new site which is to be provided in addition to, or instead of, the school’s existing site (or part of its existing site).E

(2)Sub-paragraph (1) does not—

(a)apply in relation to the provision of any site which persons other than the authority are required to provide by virtue of [F3any enactment] ; or

(b)require the local education authority to finance the acquisition by the governing body of any site or buildings provided otherwise than by the authority.

(3)Where a site is provided for a school under this paragraph, the local education authority shall transfer their interest in the site, and in any buildings on the site which are to form part of the school premises—

(a)to the trustees of the school, to be held by them on trust for the purposes of the school, or

(b)if the school has no trustees, to the school’s foundation body to be held by that body for the relevant purposes.

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

(5)The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

(6)Where—

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

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

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

(7)Where—

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

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

the local education authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as appear to be desirable having regard to the governing body’s duties under paragraph 3 with respect to the [F4school premises] .

(8)Where it appears to the Secretary of State that provision for any payment or other adjustment ought to have been made under sub-paragraph (6) or (7) but has not been made, he may give directions providing for the making of such payment or other adjustment as he thinks proper.

(9)In this paragraph—

  • the relevant purposes” means, in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts;

  • site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.

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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.

Extent Information

E2This version of this provision extends to England only; a separate version has been created for Wales.

Amendments (Textual)

4(1)In the case of a voluntary aided school, the local education authority shall provide any new site which is to be provided in addition to, or instead of, the school’s existing site (or part of its existing site).W

(2)Sub-paragraph (1) does not—

(a)apply in relation to the provision of any site which persons other than the authority are required to provide by virtue of [F187any enactment] ; or

(b)require the local education authority to finance the acquisition by the governing body of any site or buildings provided otherwise than by the authority.

(3)Where a site is provided for a school under this paragraph, the local education authority shall transfer their interest in the site, and in any buildings on the site which are to form part of the school premises—

(a)to the trustees of the school, to be held by them on trust for the purposes of the school, or

(b)if the school has no trustees, to the school’s foundation body to be held by that body for the relevant purposes.

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

(5)The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

(6)Where—

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

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

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

(7)Where—

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

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

the local education authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as appear to be desirable having regard to the governing body’s duties under paragraph 3 with respect to the school buildings.

(8)Where it appears to the Secretary of State that provision for any payment or other adjustment ought to have been made under sub-paragraph (6) or (7) but has not been made, he may give directions providing for the making of such payment or other adjustment as he thinks proper.

(9)In this paragraph—

  • the relevant purposes” means, in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts;

  • site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.

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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.

Extent Information

E9This version of this provision extends to Wales only; a separate version has been created for England.

Amendments (Textual)

Grants by Secretary of State in respect of expenditure on premises or equipmentE+W

5(1)The Secretary of State may make grants—E

(a)to the governing body of a voluntary aided school in respect of [F5capital expenditure incurred or to be incurred] by them; or

(b)to a relevant body in the case of such a school, in respect of [F6capital expenditure incurred or to be incurred] by that body on behalf of the governing body.

(2)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The amount of any grant paid under this paragraph in respect of any such expenditure—

[F8(a)shall not exceed 90 per cent of the expenditure or, if the Secretary of State considers that the circumstances are exceptional, shall not exceed 100 per cent of the expenditure, and]

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

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

[F9(5)Without prejudice to any other duty of his, the Secretary of State shall, in performing functions relating to the exercise of the power under this paragraph to make grants in respect of expenditure on school premises, give priority to paying grants in respect of expenditure which is necessary to make such alterations as may be required by the local education authority for the purpose of securing that the school premises conform to the standards prescribed under section 542 of the Education Act 1996 M7 or as may be required for the purpose of securing that the school premises conform to standards specified by or under any other enactment relating to health and safety; and the amount of any grant paid in the exercise of that power in respect of such expenditure on school premises shall be at least 90 per cent of the expenditure.]

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

(7)Such requirements—

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

(b)may at any time be waived, removed or varied by the Secretary of State;

but such requirements may be imposed after the making of any such payment only if the Secretary of State is satisfied that in all the circumstances it is reasonable for them to be so imposed.

(8)Such requirements may, in particular, if any conditions specified in the requirements are satisfied—

(a)require the application for purposes connected with the provision of education in appropriate schools of—

(i)any premises or equipment in respect of which the grant has been paid under this paragraph, or

(ii)an amount equal to so much of the value of any such premises or equipment as is determined in accordance with the requirements to be properly attributable to the payment of the grant; and

(b)in the event that that requirement is not complied with, require the payment to the Secretary of State of the whole or any part of the following amount.

(9)That amount is—

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

(b)the amount mentioned in sub-paragraph (8)(a)(ii),

whichever the Secretary of State determines to be just.

(10)When deciding whether to make any grant to a body under this paragraph in circumstances where he considers that it would be appropriate to impose requirements falling within sub-paragraph (8), the Secretary of State may have regard to whether, if such requirements were imposed, that body would have an enforceable right against some other person to be given by that person such financial assistance as would be necessary to enable them to pay to the Secretary of State the amount mentioned in sub-paragraph (9).

(11)No grant may be paid under this paragraph in respect of any expenses incurred in the provision of any premises which it is the duty of the local education authority to provide.

(12)In this paragraph—

  • appropriate schools”—

    (a)

    in relation to a voluntary aided school having a religious character, means schools which are either foundation or voluntary schools and whose specified religion or religious denomination under section 69(4) is the same as that school’s, and

    (b)

    in relation to any other voluntary aided school, means maintained schools;

  • relevant body”, in relation to a voluntary aided school, means the appropriate diocesan authority or the school’s trustees;

  • F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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.

Extent Information

E3This version of this provision extends to England only; a separate version has been created for Wales.

Amendments (Textual)

Marginal Citations

5(1)The Secretary of State may make grants—W

(a)to the governing body of a voluntary aided school in respect of qualifying expenditure incurred by them; or

(b)to a relevant body in the case of such a school, in respect of qualifying expenditure incurred by that body on behalf of the governing body.

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

(3)The amount of any grant paid under this paragraph in respect of any such expenditure—

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

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

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

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

(a)such alterations to school buildings as are referred to in paragraph 3(2)(a), or

(b)the repair of school buildings,

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

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

(7)Such requirements—

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

(b)may at any time be waived, removed or varied by the Secretary of State;

but such requirements may be imposed after the making of any such payment only if the Secretary of State is satisfied that in all the circumstances it is reasonable for them to be so imposed.

(8)Such requirements may, in particular, if any conditions specified in the requirements are satisfied—

(a)require the application for purposes connected with the provision of education in appropriate schools of—

(i)any premises or equipment in respect of which the grant has been paid under this paragraph, or

(ii)an amount equal to so much of the value of any such premises or equipment as is determined in accordance with the requirements to be properly attributable to the payment of the grant; and

(b)in the event that that requirement is not complied with, require the payment to the Secretary of State of the whole or any part of the following amount.

(9)That amount is—

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

(b)the amount mentioned in sub-paragraph (8)(a)(ii),

whichever the Secretary of State determines to be just.

(10)When deciding whether to make any grant to a body under this paragraph in circumstances where he considers that it would be appropriate to impose requirements falling within sub-paragraph (8), the Secretary of State may have regard to whether, if such requirements were imposed, that body would have an enforceable right against some other person to be given by that person such financial assistance as would be necessary to enable them to pay to the Secretary of State the amount mentioned in sub-paragraph (9).

(11)No grant may be paid under this paragraph in respect of any expenses incurred in the provision of any premises which it is the duty of the local education authority to provide.

(12)In this paragraph—

  • appropriate schools”—

    (a)

    in relation to a voluntary aided school having a religious character, means schools which are either foundation or voluntary schools and whose specified religion or religious denomination under section 69(4) is the same as that school’s, and

    (b)

    in relation to any other voluntary aided school, means maintained schools;

  • relevant body”, in relation to a voluntary aided school, means the appropriate diocesan authority or the school’s trustees;

  • repair” does not include repair falling within paragraph 3(3).

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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.

Extent Information

E10This version of this provision extends to Wales only; a separate version has been created for England.

Grants by Secretary of State in respect of preliminary expenditureE+W

6(1)The Secretary of State may pay grants—E

(a)to the governing body of a voluntary aided school in respect of preliminary expenditure incurred [F11or to be incurred] by them for the purposes of any scheme for the transfer of the school to a new site or the enlargement or alteration of the school premises, or

(b)to a relevant body in the case of such a school, in respect of any preliminary expenditure incurred [F11or to be incurred] by them, on behalf of the governing body, for the purposes of any such scheme.

(2)Where any persons propose or are considering whether to propose the establishment of a voluntary aided school, the Secretary of State may pay grants to them in respect of any preliminary expenditure incurred [F12or to be incurred] by them for the purposes of a scheme for the provision of a site for the school or of any buildings which would be [F13used for the purposes of the school] .

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

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

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

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

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

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

(a)the preparation of plans and specifications for any proposed construction, enlargement or alteration of buildings which are or would be [F14used for the purposes of the school] , and

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

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

[F15(5)A grant under sub-paragraph (1) or (2) shall not exceed 90 per cent of the expenditure or, if the Secretary of State considers that the circumstances are exceptional, shall not exceed 100 per cent of the expenditure, in respect of which it is paid.]

(6)Where—

(a)a grant is paid under sub-paragraph (1) in the case of any voluntary aided school, or

(b)a grant is paid under sub-paragraph (2) in the case of any school which is established as a voluntary aided school,

the grant shall for the purposes of section 30(2) be treated as expenditure incurred by the Secretary of State (otherwise than in connection with repairs) in respect of the school premises.

(7)In this paragraph “relevant body”, in relation to a voluntary aided school, means the appropriate diocesan authority or the school’s trustees.

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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.

Extent Information

E4This version of this provision extends to England only; a separate version has been created for Wales.

Amendments (Textual)

6(1)The Secretary of State may pay grants—W

(a)to the governing body of a voluntary aided school in respect of preliminary expenditure incurred by them for the purposes of any scheme for the transfer of the school to a new site or the enlargement or alteration of the school premises, or

(b)to a relevant body in the case of such a school, in respect of any preliminary expenditure incurred by them, on behalf of the governing body, for the purposes of any such scheme.

(2)Where any persons propose or are considering whether to propose the establishment of a voluntary aided school, the Secretary of State may pay grants to them in respect of any preliminary expenditure incurred by them for the purposes of a scheme for the provision of a site for the school or of any buildings which would be school buildings.

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

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

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

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

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

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

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

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

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

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

(6)Where—

(a)a grant is paid under sub-paragraph (1) in the case of any voluntary aided school, or

(b)a grant is paid under sub-paragraph (2) in the case of any school which is established as a voluntary aided school,

the grant shall for the purposes of section 30(2) be treated as expenditure incurred by the Secretary of State (otherwise than in connection with repairs) in respect of the school premises.

(7)In this paragraph “relevant body”, in relation to a voluntary aided school, means the appropriate diocesan authority or the school’s trustees.

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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.

Extent Information

E11This version of this provision extends to Wales only; a separate version has been created for England.

Loans by Secretary of State in respect of initial [F16expenses][F16expenditure]E+W

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Amendments (Textual)

F16Cross-heading preceding Sch. 3 para. 7: "expenditure" substituted for "expenses" (E.) (1.4.2002) by The Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 (S.I. 2002/906), art. 9

7(1)Where, on the application of the governing body of a voluntary aided school and after consulting persons representing the governing body, the Secretary of State—E

(a)is satisfied that the governing body’s share of any [F17initial expenditure] required in connection with the school premises will involve capital expenditure, and

(b)having regard to all the circumstances of the case, considers that that [F18capital expenditure] ought properly to be met by borrowing,

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

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

(3)For the purposes of this paragraph [F19“initial expenditure” is expenditure] to be incurred in providing—

(a)a site or F20. . . buildings for a voluntary aided school in connection with—

(i)the implementation of any proposals for a prescribed alteration to the school published under section 28, or

(ii)the transfer of the school to a new site, or

(b)a site or F21. . . buildings for a new voluntary aided school,

being [F22expenditure] in respect of which grants may be paid under paragraph 5.

(4)For the purposes of this paragraph the governing body’s share of any [F23initial expenditure] shall be taken to be so much of the [F24expenditure] as remains to be borne by the governing body after taking into account the amount of any grant under paragraph 5 that may be paid or payable in respect of them.

(5)The preceding provisions of this paragraph shall apply for the purpose of enabling loans to be made to a relevant body (within the meaning of paragraph 5) in respect of [F25expenditure] incurred by that body on behalf of the governing body as it applies to [F25expenditure] incurred by the governing body; and in those provisions, as they apply in relation to a new voluntary aided school, references to the governing body are to the promoters.

(6)Paragraph 3(3) of Schedule 10 (consent to borrowing) does not apply to any borrowing by a governing body under this paragraph.

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Extent Information

E5This version of this provision extends to England only; a separate version has been created for Wales.

Amendments (Textual)

7(1)Where, on the application of the governing body of a voluntary aided school and after consulting persons representing the governing body, the Secretary of State—W

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

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

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

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

(3)For the purposes of this paragraph “initial expenses” are expenses to be incurred in providing—

(a)a site or school buildings for a voluntary aided school in connection with—

(i)the implementation of any proposals for a prescribed alteration to the school published under section 28, or

(ii)the transfer of the school to a new site, or

(b)a site or school buildings for a new voluntary aided school,

being expenses in respect of which grants may be paid under paragraph 5.

(4)For the purposes of this paragraph the governing body’s share of any initial expenses shall be taken to be so much of the expenses as remains to be borne by the governing body after taking into account the amount of any grant under paragraph 5 that may be paid or payable in respect of them.

(5)The preceding provisions of this paragraph shall apply for the purpose of enabling loans to be made to a relevant body (within the meaning of paragraph 5) in respect of expenses incurred by that body on behalf of the governing body as it applies to expenses incurred by the governing body; and in those provisions, as they apply in relation to a new voluntary aided school, references to the governing body are to the promoters.

(6)Paragraph 3(3) of Schedule 10 (consent to borrowing) does not apply to any borrowing by a governing body under this paragraph.

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Extent Information

E12This version of this provision extends to Wales only; a separate version has been created for England.

Assistance by LEAs in respect of maintenance and other obligations of governing bodiesE+W

8A local education authority may give to the governing body of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by the governing body of any obligation under paragraph 3.

Duty to transfer interest in premises provided under paragraph 8E+W

9(1)Where assistance under paragraph 8 consists of the provision of any premises for use for the purposes of a school, the local education authority shall transfer their interest in the premises—E+W

(a)to the trustees of the school, to be held by them on trust for the purposes of the school, or

(b)if the school has no trustees, to the school’s foundation body, to be held by that body for the relevant purposes.

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

(3)The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

(4)In this paragraph “the relevant purposes” means, in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts.

Part IIIE+W Foundation, voluntary and foundation special schools: common provisions

Default powers of Secretary of StateE+W

10(1)Where it appears to the Secretary of State that a local education authority have defaulted in the discharge of their duties relating to the maintenance of a foundation, voluntary or foundation special school, he may—E+W

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

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

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

EndowmentsE+W

11Where any sums accruing in respect of the income of an endowment are required by virtue of the provisions of a trust deed to be applied towards the maintenance of a foundation, voluntary or foundation special school, those sums shall not be payable to the local education authority but shall be applied by the governing body of the school—

(a)(in the case of a voluntary aided school) towards the discharge of their obligations under paragraph 3, or

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

Disapplication of restriction on local authority disposalsE+W

12Subsection (2) of section 123 of the M8Local Government Act 1972 (local authority prohibited from making disposal of land under that section below market value without consent of the Secretary of State) shall not apply in the case of a disposal—

(a)to the governing body of a foundation, voluntary or foundation special school, or

(b)to persons proposing to establish such a school.

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Marginal Citations

Section 24.

SCHEDULE 4E+W School organisation committees

InterpretationE+W

1In this Schedule—

  • committee” means a school organisation committee;

  • the relevant authority”, in the case of any such committee, means the local education authority by whom the committee are established.

Election of chairmen and appointment of membersE+W

2Regulations may make provision with respect to—

(a)the election by a committee of one of their number to be chairman, and one to be vice-chairman, of the committee;

(b)the period for which the chairman and vice-chairman are to be elected; and

(c)the appointment and tenure of office of, and the vacation of office by, members of a committee.

Allowances for membersE+W

3(1)For the purpose of the payment of financial loss allowance under section 173(4) of the M9Local Government Act 1972, that provision shall apply, with any necessary modifications, to any member of a committee as it applies to any member of a parish or community council; and a committee shall be included in the bodies to which section 174 of that Act (travelling and subsistence allowances) applies.E+W

(2)In section 174(1) of that Act, in its application to a committee in accordance with sub-paragraph (1), the reference to payments at rates determined by the body in question shall be read as a reference to payments at rates determined by the relevant authority.

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Marginal Citations

Financial and other assistance by LEAE+W

4(1)The relevant authority in the case of a committee shall—E+W

(a)defray the expenses of the committee in accordance with sub-paragraphs (2) to (5); and

(b)make arrangements for them to be provided with accommodation and with such services as the authority consider appropriate.

(2)Before the beginning of each financial year a committee shall submit to the relevant authority a statement of the estimated expenses of the committee in respect of that year (including estimates of any allowances payable to their members by virtue of paragraph 3).

(3)Where they have received such a statement the relevant authority shall approve it, either without modification or with such modifications as they may specify.

(4)Once they have approved the statement under sub-paragraph (3) the relevant authority shall (subject to sub-paragraphs (5) and (6)) defray the expenses of the committee, in respect of the financial year in question, up to the total amount of the expenses set out in the statement as so approved.

(5)The relevant authority are not required by sub-paragraph (4) to defray any expenses of the committee which do not relate to an activity of the committee mentioned in the statement.

(6)If they consider it appropriate to do so, the relevant authority may—

(a)defray the expenses of the committee in respect of a financial year up to an amount which exceeds the total amount referred to in sub-paragraph (4);

(b)defray any expenses of the committee to which sub-paragraph (5) applies.

ProceedingsE+W

5(1)Regulations may make provision as to the meetings and proceedings of a committee.E+W

(2)Regulations under this paragraph may in particular—

(a)provide that, in any prescribed circumstances, the members within each category of members of a committee are to have collectively a single vote;

(b)require all decisions of a prescribed description which are taken by a committee (in accordance with regulations made by virtue of paragraph (a)) to be unanimous decisions of those voting.

(3)Regulations under this paragraph must, however, include provision—

(a)for the members within each category of members of a committee to have collectively a single vote in relation to any decision to which this sub-paragraph applies;

(b)requiring any such decision which is taken by a committee to be a unanimous decision of those voting.

(4)Sub-paragraph (3) applies to any decision of a committee as to whether or not—

(a)to give any approval under section 26(5) or to prepare such a plan as is mentioned in section 26(6)(d)(ii);

(b)to give any approval under paragraph 3 of Schedule 6 or to—

(i)modify any proposals,

(ii)specify any date, or

(iii)make any determination,

under paragraph 5(2)(a) or (b) or (3) of that Schedule;

(c)to make, vary or revoke a transitional exemption order under paragraph 21 of that Schedule or paragraph 16 of Schedule 7;

(d)to give any approval under paragraph 8 of Schedule 7;

(e)[F26to make any decision authorised by or by virtue of paragraph 6 of Schedule 23.]

(5)Where regulations under paragraph 2(2) of Schedule 8 provide for either of the following provisions, namely paragraph 3 or 5(2)(a) of Schedule 6, to have effect in relation to proposals published under paragraph 2 or 3 of Schedule 8, the reference to that provision in sub-paragraph (4) above shall include a reference to it as it so has effect.

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Amendments (Textual)

F26Sch. 4 para. 5(4)(e) repealed (1.10.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.)

6The validity of any proceedings of a committee shall not be affected by any vacancy among the members or by any defect in the appointment of a member.

7Subject to any provision made by or under this Schedule, a committee may regulate their own procedure.

8When taking any decision a committee shall have regard (so far as relevant) to the obligations which, by virtue of—

(a)Part III of the M10Sex Discrimination Act 1975,F27. . .

(b)Part III [F28or section 71]of the M11Race Relations Act 1976, [F29or

(c)Chapter 1 of Part 4 of the Disability Discrimination Act 1995,]

are owed by any local education authority or governing body which will be affected by the decision.

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Amendments (Textual)

Marginal Citations

IndemnityE+W

9The relevant authority in the case of a committee shall indemnify the members of the committee against any reasonable legal costs and expenses reasonably incurred by those members in connection with any decision or action taken by them in good faith in pursuance of their functions as members of the committee.

Default powers of Secretary of StateE+W

10Each of sections 496 and 497 of the M12Education Act 1996 (default powers of Secretary of State) shall apply in relation to a committee as it applies in relation to a body falling within subsection (2) of that section.

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Marginal Citations

Section 25.

SCHEDULE 5E+W+S+N.I. Adjudicators

InterpretationE+W

1In this Schedule “adjudicator” means a person appointed under section 25.

Tenure of officeE+W

2(1)Subject to sub-paragraphs (2) and (3), an adjudicator shall hold and vacate office in accordance with the terms of his appointment.E+W

(2)An adjudicator—

(a)may at any time resign his office by notice in writing to the Secretary of State; and

(b)is eligible for re-appointment if he ceases to hold office.

(3)An adjudicator may be removed from office by the Secretary of State on the ground of incapacity or misbehaviour.

Remuneration and pensionsE+W

3(1)The Secretary of State may pay to an adjudicator such remuneration and allowances as the Secretary of State may determine.E+W

(2)If the Secretary of State so determines in the case of any adjudicator, the Secretary of State may pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

Staff and accommodation etc.E+W

4The Secretary of State may—

(a)provide an adjudicator with such administrative staff as the adjudicator may require; and

(b)provide, or defray the expenses of providing, an adjudicator with such accommodation and other facilities as the adjudicator may require.

ProcedureE+W+S+N.I.

5(1)Regulations may make provision as to the procedure to be followed in connection with the reference, under this Part or Part III of this Act, of matters to adjudicators and their determination of matters so referred.E+W

(2)The regulations may, in particular, make provision—

(a)as to the manner in which matters may be referred to adjudicators;

(b)for determining the adjudicators to which individual referrals are to be made;

(c)authorising adjudicators to hold local inquiries;

(d)as to the procedure to be followed where local inquiries are held by adjudicators (whether by virtue of paragraph (c) or otherwise);

(e)authorising adjudicators to appoint assessors to sit with them at such inquiries to advise them on matters arising;

(f)requiring anything falling to be done under the regulations to be done within such period as may be specified in or determined in accordance with the regulations.

(3)Subject to any provision made by the regulations, an adjudicator may regulate his own procedure.

(4)The Secretary of State may make orders—

(a)as to the costs of the parties at any local inquiry held by an adjudicator (whether by virtue of sub-paragraph (2)(c) or otherwise), and

(b)as to the parties by whom the costs are to be paid;

and any costs payable under any such order shall be subject to taxation in such manner as the Secretary of State may direct.

6When taking any decision an adjudicator shall have regard (so far as relevant) to the obligations which, by virtue of—

(a)Part III of the M13Sex Discrimination Act 1975,F30. . .

(b)Part III [F31or section 71]of the M14Race Relations Act 1976, [F32or

(c)Chapter 1 of Part 4 of the Disability Discrimination Act 1995,]

are owed by any local education authority or governing body which will be affected by the decision.

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Amendments (Textual)

Marginal Citations

IndemnityE+W

7The Secretary of State shall indemnify an adjudicator against any reasonable legal costs and expenses reasonably incurred by him in connection with any decision or action taken by him in good faith in pursuance of his functions as an adjudicator.

Parliamentary disqualificationE+W+S+N.I.

8In Part III of Schedule 1 to the M15House of Commons Disqualification Act 1975 (disqualifying offices), at the appropriate place there shall be inserted—

Adjudicator appointed under section 25 of the School Standards and Framework Act 1998.

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Marginal Citations

Parliamentary CommissionerE+W+S+N.I.

9For the purposes of section 5 of the M16Parliamentary Commissioner Act 1967 (matters subject to investigation) administrative functions exercisable by any person provided by the Secretary of State under paragraph 4 above shall be taken to be administrative functions of [F33the Department for Education and Skills] .

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Amendments (Textual)

Marginal Citations

Supervision of Council on TribunalsE+W+S+N.I.

10(1)In section 7 of the M17Tribunals and Inquiries Act 1992 (which restricts Ministers’ powers to remove members of tribunals listed in Schedule 1 to that Act) in subsection (2) (tribunals to which that section does not apply) after “14,” there shall be inserted “ 15(f), ”.E+W+S+N.I.

(2)In Schedule 1 to that Act (tribunals under the supervision of the Council on Tribunals) at the end of paragraph 15 (tribunals concerned with education) there shall be inserted—

(f) an adjudicator appointed under section 25 of the School Standards and Framework Act 1998.
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Marginal Citations

Sections 28, 29 and 31.

SCHEDULE 6E+W Statutory proposals: procedure and implementation

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Modifications etc. (not altering text)

C9Sch. 6 modified (1.9.1999) by S.I. 1999/704, regs. 21, 22, Sch.

Sch. 6 continued (1.9.2001) by S.I. 2001/2678, reg. 2(2)

Part IE+W Procedure for dealing with statutory proposals: England

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Modifications etc. (not altering text)

C10Sch. 6 Pt. I applied (with modifications) (1.9.1999) by S.I. 1999/2259, regs. 5(1), 10, Sch. 1.

Sch. 6 Pt. I applied (with modifications) (1.9.1999) by S.I. 1999/2259, regs. 5(2), 10, Sch. 1.

Sch. 6 Pt. I (paras. 1-5) applied (with modifications) (E.) (1.9.2000) by S.I. 2000/2195, reg. 4(1), Sch. 1

Application of Part IE+W

1(1)This Part of this Schedule applies to proposals published under section 28, 29 or 31 which relate to a school or proposed school in England.E+W

(2)In this Part of this Schedule “the relevant committee” means the school organisation committee for the area of the local education authority who maintain the school or (in the case of a new school) who it is proposed should maintain the school.

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Modifications etc. (not altering text)

C11Sch. 6 para. 1 applied (with modifications) (1.9.1999) by S.I. 1999/2212, reg. 16, Sch.4.

Sch. 6 para. 1 applied (with modifications) (1.9.1999) by S.I. 1999/2213, reg. 15(1), Sch.4.

ObjectionsE+W

2(1)Any person may make objections to any proposals published under section 28, 29 or 31.E+W

(2)Where the proposals were published by a local education authority—

(a)any objections under this paragraph shall be sent to the authority within such period as may be prescribed (“the objection period”); and

(b)within such period as may be prescribed the authority shall send to the relevant committee copies of all objections made (and not withdrawn in writing) within the objection period, together with the authority’s observations on them.

(3)Where the proposals were published by a governing body or promoters, any objections under this paragraph shall be sent to the relevant committee within such period as may be prescribed.

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Modifications etc. (not altering text)

C12Sch. 6 para. 2 applied (with modifications) (1.9.1999) by S.I. 1999/2212, reg. 16, Sch.4.

Sch. 6 para. 2 applied (with modifications) (1.9.1999) by S.I. 1999/2213, reg. 15, Sch.4.

Approval of proposalsE+W

3(1)Proposals published under section 28, 29 or 31 require approval under this paragraph if—E+W

(a)the proposals were published by a local education authority and either—

(i)objections to the proposals have been made in accordance with paragraph 2 and any of them have not been withdrawn in writing within the objection period; or

(ii)such approval is required by virtue of paragraph 4(5); or

(b)the proposals were published by a governing body or promoters.

(2)Where any proposals require approval under this paragraph, they shall be considered in the first instance by the relevant committee, who may—

(a)reject the proposals,

(b)approve them without modification, or

(c)approve them with such modifications as the committee think desirable after consulting such persons or bodies as may be prescribed.

(3)Any approval given under this paragraph may be expressed to take effect only if an event specified in the approval occurs by a date so specified; and regulations may prescribe the events that may be so specified.

(4)When deciding whether or not to give any approval under this paragraph the committee shall have regard to—

(a)any guidance given from time to time by the Secretary of State, and

(b)the school organisation plan for the committee’s area;

and the committee shall not give any such approval unless they are satisfied that adequate financial resources will be available to enable the proposals to be implemented.

(5)If—

(a)by the end of such period as may be specified in or determined in accordance with regulations, the committee have not voted on the question whether to give any approval under this paragraph, and

(b)the body or promoters by whom the proposals were published request the committee to refer the proposals to the adjudicator,

they shall refer the proposals to the adjudicator.

Regulations made for the purposes of this sub-paragraph (or any other corresponding provision of this Act) may be framed by reference to the opinion of the committee.

(6)If the committee—

(a)have voted on any matter which (in accordance with regulations under paragraph 5 of Schedule 4) falls to be decided by them under this paragraph by a unanimous decision, but

(b)have failed to reach such a decision on that matter,

they shall refer the proposals to the adjudicator.

(7)Where any proposals are referred to the adjudicator under sub-paragraph (5) or (6)—

(a)he shall consider the proposals afresh; and

(b)sub-paragraphs (2) to (4) shall apply to him in connection with his decision on the proposals as they apply to the committee.

(8)Sub-paragraph (1) does not prevent the body or promoters by whom any proposals have been published under section 28, 29 or 31 from withdrawing those proposals by notice in writing given to the relevant committee at any time before the proposals are determined under this paragraph.

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Modifications etc. (not altering text)

Determination by LEA whether to implement proposalsE+W

4(1)Where any proposals have been published by a local education authority under section 28, 29 or 31 and either—E+W

(a)no objections were made in accordance with paragraph 2, or

(b)all objections so made were withdrawn in writing within the objection period,

then (subject to the following provisions of this paragraph) the authority shall determine whether the proposals should be implemented.

(2)Any determination under sub-paragraph (1) must be made within the period of four months beginning with the date of publication of the proposals (as determined in accordance with regulations); and the authority shall notify the relevant committee of any determination made by them under sub-paragraph (1).

(3)The requirement to make a determination under sub-paragraph (1) in the case of any proposals only applies if, at the time when the authority’s determination falls to be made under that sub-paragraph, they are satisfied that the proposals are not related to any of the following, namely—

(a)any undetermined proposals published under section 28(2) to establish a new foundation or voluntary school in the area of the authority;

(b)any undetermined proposals published under section 28(2), 29(2) or 31(2) by the governing body of a foundation, voluntary or foundation special school in the area of the authority;

(c)any undetermined proposals published by the authority which, by virtue of sub-paragraph (1)(a) of paragraph 3, require approval under that paragraph; [F34or]

(d)any order under paragraph 2(2) or 3(2) of Schedule 7 [F35or

(e)any undetermined proposals published under Schedule 7 to the Learning and Skills Act 2000.]

(4)For the purposes of sub-paragraph (3) proposals are “undetermined” if they have not been withdrawn and—

(a)they have not been approved or rejected under paragraph 3 [F36of this Schedule, under paragraph 8 or 9 of Schedule 7 or under Schedule 7 to the Learning and Skills Act 2000], or

(b)the authority have not determined under this paragraph whether to implement them,

as the case may be; and when deciding under sub-paragraph (3) whether any proposals are related to other proposals the authority shall have regard to any guidance given from time to time by the Secretary of State.

(5)Where, in the case of any proposals within sub-paragraph (1)—

(a)the authority fail to make a determination under that sub-paragraph within the period mentioned in sub-paragraph (2), or

(b)the requirement to make such a determination does not apply by virtue of sub-paragraph (3),

the proposals require approval under paragraph 3.

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Amendments (Textual)

F34Word in Sch. 6 para. 4(3)(c) repealed (28.7.2000 for specified purposes, 1.4.2001 for E. and otherwise prosp.) by 2000 c. 21, ss. 153, 154(3)-(5), Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

F35Sch. 6 para. 4(3)(e) and the word preceding it inserted (28.7.2000 for specified purposes, 1.4.2001 for E. and otherwise prosp.) by 2000 c. 21, ss. 149, 154(3)-(5), Sch. 9 para. 89(1)(2); S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

F36Words in Sch. 6 para. 4(4)(a) substituted (28.7.2000 for specified purposes, 1.4.2001 for E. and otherwise prosp.)by 2000 c. 21, ss. 149, 154(3)-(5), Sch. 9 para. 89(1)(3); S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

Requirement to implement proposalsE+W

5(1)Where—E+W

(a)any proposals published under section 28, 29 or 31 have been approved under paragraph 3, or

(b)a local education authority have determined under paragraph 4 to implement any such proposals,

then (subject to the following provisions of this paragraph) the proposals shall be implemented, in the form in which they were so approved or determined, in accordance with Part III of this Schedule.

(2)At the request of any prescribed body or persons, the relevant committee—

(a)may modify the proposals after consulting such persons or bodies as may be prescribed; and

(b)where any approval under paragraph 3 was given in accordance with sub-paragraph (3) of that paragraph, may specify a later date by which the event in question must occur.

(3)If the relevant committee are satisfied—

(a)that implementation of the proposals would be unreasonably difficult, or

(b)that circumstances have so altered since approval was given under paragraph 3 that implementation of the proposals would be inappropriate,

the committee may determine that sub-paragraph (1) shall cease to apply to the proposals.

(4)The committee may only make a determination under sub-paragraph (3) where proposals that they should do so have been published, in accordance with regulations, by the body or promoters who published the proposals referred to in sub-paragraph (1)(a) or (b); and regulations so made may provide for any of the provisions of sections 28, 29 and 31 and this Part of this Schedule to have effect in relation to any such further proposals with or without modifications.

(5)If—

(a)by the end of such period as may be specified in or determined in accordance with regulations, the committee have not voted on any matter falling to be decided by them under this paragraph, and

(b)the body or promoters who published the proposals referred to in sub-paragraph (1)(a) or (b) request the committee to refer that matter to the adjudicator,

they shall refer that matter to the adjudicator.

(6)If the committee—

(a)have voted on any matter which (in accordance with regulations under paragraph 5 of Schedule 4) falls to be decided by them under this paragraph by a unanimous decision, but

(b)have failed to reach such a decision on that matter,

they shall refer that matter to the adjudicator.

(7)Where any matter is referred to the adjudicator under sub-paragraph (5) or (6)—

(a)he shall consider the matter afresh; and

(b)such of the provisions of sub-paragraphs (2) to (4) as are relevant shall apply to him in connection with his decision on that matter as they apply to the committee.

(8)Where—

(a)any approval under paragraph 3 was given in accordance with sub-paragraph (3) of that paragraph, and

(b)the event specified under that sub-paragraph does not occur by the date in question (whether as specified under that sub-paragraph or as specified under sub-paragraph (2)(b) above),

sub-paragraph (1) above shall cease to apply to the proposals.

(9)Where, by virtue of sub-paragraph (3) or (8), sub-paragraph (1) ceases to apply to any proposals, those proposals shall be treated for the purposes of this Schedule as if they had been rejected under paragraph 3.

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Modifications etc. (not altering text)

C14Sch. 6 para. 5(4)(5) applied (with modifications) (E.) (1.9.2000) by S.I. 1999/2213, reg. 21(3) (as inserted by S.I. 2000/2198, reg. 8)

Commencement Information

I1Sch. 6 para. 5 wholly in force at 1.9.1999; Sch. 6 para. 5 not in force at Royal Assent see s. 145(3); Sch. 6 para. 5(4) in force for specified purposes at 1.2.1999 by S.I. 1998/3198, art. 2(2), Sch.; Sch. 6 para. 5 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).

Part IIE+W Procedure for dealing with statutory proposals: Wales

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Modifications etc. (not altering text)

C15Sch. 6 Pt. II applied (with modifications) (1.9.1999) (temp.) by S.I. 1999/2633, regs. 4, 5(1), Sch. 1.

Sch. 6 Pt. II modified (1.9.1999) by S.I. 1999/2633, reg. 5(2), Sch. 2.

Application of Part IIE+W

6This Part of this Schedule applies to proposals published under section 28, 29 or 31 which relate to a school or proposed school in Wales.

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Modifications etc. (not altering text)

C16Sch. 6 para. 6 applied (with modifications) (1.9.1999) by S.I. 1999/1780, reg. 11, Sch. 4.

Sch. 6 para. 6 applied (with modifications) (1.9.1999) by S.I. 1999/1671, reg. 10, Sch. 5

Sch. 6 para. 6 applied (with modifications) (W.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Tables 1, 2

ObjectionsE+W

7(1)Any person may make objections to any proposals published under section 28, 29 or 31.E+W

(2)Where the proposals were published by a local education authority—

(a)any objections under this paragraph shall be sent to the authority within such period as may be prescribed (“the objection period”); and

(b)within such period as may be prescribed the authority shall send to the Secretary of State copies of all objections made (and not withdrawn in writing) within the objection period, together with the authority’s observations on them.

(3)Where the proposals were published by a governing body or promoters, any objections under this paragraph shall be sent to the Secretary of State within such period as may be prescribed.

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Modifications etc. (not altering text)

C17Sch. 6 para. 7 applied (with modifications) (1.9.1999) by S.I. 1999/1780, reg. 11, Sch. 4.

Sch. 6 para. 7 applied with modifications (1.9.1999) by S.I. 1999/1671, reg. 10, Sch. 5

Sch. 6 para. 7 applied (with modifications) (W.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Table 2

C18Sch. 6 para. 7(1) applied (with modifications) (W.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Table 1

C19Sch. 6 para. 7(3) applied (with modifications) (w.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Table 3

Approval of proposalsE+W

8(1)Proposals published under section 28, 29 or 31 require approval under this paragraph if—E+W

(a)the Secretary of State, within two months after a copy of the published proposals is sent to him under that section, gives notice to the body or promoters by whom the proposals were published that they require such approval; or

(b)objections to the proposals have been made in accordance with paragraph 7 and any of them have not been withdrawn in writing within the objection period.

(2)Where any proposals require approval under this paragraph, the Secretary of State may—

(a)reject the proposals,

(b)approve them without modification, or

(c)approve them with such modifications as he thinks desirable after consulting such persons or bodies as may be prescribed.

(3)Any approval given under this paragraph may be expressed to take effect only if an event specified in the approval occurs by a date so specified.

(4)When deciding whether or not to give any approval under this paragraph the Secretary of State shall have regard to the school organisation plan for the area in which the school is, or (in the case of a new school) is proposed to be, situated.

(5)Sub-paragraph (1) does not prevent the body or promoters by whom any proposals have been published under section 28, 29 or 31 from withdrawing those proposals by notice in writing given to the Secretary of State at any time before the proposals are approved under this paragraph.

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Modifications etc. (not altering text)

C20Sch. 6 para. 8(1)(3)(5) applied (with modifications) (W.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Table 3

C21Sch. 6 para. 8(2) applied (with modifications) (W.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Table 1

C22Sch. 6 para. 8(4) applied (with modifications) (W.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Table 2

Determination whether to implement proposalsE+W

9(1)Where any proposals published under section 28, 29 or 31 do not require approval under paragraph 8, the body or promoters by whom the proposals were published shall determine whether the proposals should be implemented.E+W

(2)Any determination under sub-paragraph (1) must be made within four months after a copy of the published proposals was sent to the Secretary of State under section 28, 29 or 31.

(3)The body or promoters in question shall notify the Secretary of State of any determination made by them under sub-paragraph (1).

Requirement to implement proposalsE+W

10(1)Where—E+W

(a)any proposals published under section 28, 29 or 31 have been approved under paragraph 8, or

(b)the body or promoters by whom such proposals were published have determined under paragraph 9 to implement the proposals,

then (subject to the following provisions of this paragraph) the proposals shall be implemented, in the form in which they were so approved or determined, in accordance with Part III of this Schedule.

(2)At the request of any prescribed body or persons, the Secretary of State—

(a)may modify the proposals after consulting such persons or bodies as may be prescribed; and

(b)where any approval under paragraph 8 was given in accordance with sub-paragraph (3) of that paragraph, may specify a later date by which the event in question must occur.

(3)If the Secretary of State is satisfied—

(a)that implementation of the proposals would be unreasonably difficult, or

(b)that circumstances have so altered since approval was given under paragraph 8 that implementation of the proposals would be inappropriate,

he may determine that sub-paragraph (1) shall cease to apply to the proposals.

(4)The Secretary of State may only make a determination under sub-paragraph (3) where proposals that he should do so have been published, in accordance with regulations, by the body or promoters who published the proposals referred to in that sub-paragraph; and regulations so made may provide for any of the provisions of sections 28, 29 and 31 and this Part of this Schedule to have effect in relation to any such further proposals with or without modifications.

(5)Where—

(a)any approval under paragraph 8 was given in accordance with sub-paragraph (3) of that paragraph, and

(b)the event specified under that sub-paragraph does not occur by the date in question (whether as specified under that sub-paragraph or as specified under sub-paragraph (2)(b) above),

sub-paragraph (1) above shall cease to apply to the proposals.

(6)Where, by virtue of sub-paragraph (3) [F37or (5)] , sub-paragraph (1) ceases to apply to any proposals, those proposals shall be treated for the purposes of this Schedule as if they had been rejected under paragraph 8.

[F38(7)Where, by virtue of sub-paragraph (5), sub-paragraph (1) ceases to apply to any proposals, those proposals shall be regarded as requiring fresh approval under paragraph 8.]

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Amendments (Textual)

Modifications etc. (not altering text)

C23Sch. 6 para. 10 applied (with modifications) (W.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Table 2

C24Sch. 10 para. 10(1)(2) applied (with modifications) (W.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Table 3

Commencement Information

I2Sch. 6 para. 10 wholly in force at 1.9.1999; Sch. 6 para. 10 not in force at Royal Assent see s. 145(3); Sch. 6 para. 10(4) in force for specified purposes at 1.2.1999 by S.I. 1999/3198, art. 2(2), Sch.; Sch. 6 para. 10 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).

Part IIIE+W Manner of implementation of statutory proposals

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Modifications etc. (not altering text)

IntroductoryE+W

11In this Part of this Schedule “proposals” means proposals falling to be implemented under paragraph 5 or 10.

Proposals relating to community or maintained nursery schoolsE+W

12(1)This paragraph applies to proposals relating to a community or proposed community school or to a maintained nursery school.E+W

(2)The proposals shall be implemented by the local education authority by whom they were published under section 28(1) or 29(1).

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Modifications etc. (not altering text)

C26Sch. 6 para. 12 applied (with modifications) (1.9.1999) by S.I. 1999/2103, reg. 3.

Proposals relating to foundation or voluntary controlled schoolsE+W

13(1)This paragraph applies to proposals relating to a foundation or voluntary controlled school or a proposed such school.E+W

(2)Where the proposals were published by a local education authority under section 28(1) or 29(1), they shall be implemented by the authority.

(3)Where the proposals were published under section 28(2)—

(a)by promoters, or

(b)by the governing body,

they shall be implemented by the local education authority and by the promoters or (as the case may be) the governing body, respectively, to such extent (if any) as the proposals provide for each of them to do so.

(4)Where the proposals were published by the governing body under section 29(2), they shall be implemented—

(a)by the governing body; and

(b)by the local education authority as well.

Proposals relating to voluntary aided schoolsE+W

14(1)This paragraph applies to proposals relating to a voluntary aided school or a proposed such school.E

(2)Where the proposals were published by the governing body under section 28(2) or 29(2), they shall be implemented—

(a)in the case of proposals published under section 28(2) so far as relating to the provision of any [F39playing fields] for the school, by the local education authority;

(b)in the case of proposals published under section 29(2), by the governing body and the authority; and

(c)otherwise by the governing body.

(3)Where the proposals were published under section 28(2) by promoters, they shall be implemented—

(a)so far as relating to the provision of any [F40playing fields] for the school (but subject to sub-paragraph (5)), by the local education authority; and

(b)otherwise by the promoters.

(4)F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Nothing in sub-paragraph (3) requires a local education authority to provide any [F42such playing fields] where—

(a)the new voluntary aided school is to be established in place of one or more existing independent, foundation or voluntary schools falling to be discontinued on or before the date of implementation of the proposals; and

(b)[F43those playing fields—]

(i)were part of the premises of any of the existing schools (whether it was an independent school or a foundation or voluntary school); and

(ii)(if it was a foundation or voluntary school) were not provided by the authority.

(6)Where the proposals were published by a local education authority under section 29(1), they shall be implemented by the authority.

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Extent Information

E6This version of this provision extends to England only; a separate version has been created for Wales.

Amendments (Textual)

14(1)This paragraph applies to proposals relating to a voluntary aided school or a proposed such school.W

(2)Where the proposals were published by the governing body under section 28(2) or 29(2), they shall be implemented—

(a)in the case of proposals published under section 28(2) so far as relating to the provision of any relevant premises for the school, by the local education authority;

(b)in the case of proposals published under section 29(2), by the governing body and the authority; and

(c)otherwise by the governing body.

(3)Where the proposals were published under section 28(2) by promoters, they shall be implemented—

(a)so far as relating to the provision of any relevant premises for the school (but subject to sub-paragraph (5)), by the local education authority; and

(b)otherwise by the promoters.

(4)In sub-paragraph (2) or (3) “relevant premises” means—

(a)playing fields, or

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

(5)Nothing in sub-paragraph (3) requires a local education authority to provide any such premises where—

(a)the new voluntary aided school is to be established in place of one or more existing independent, foundation or voluntary schools falling to be discontinued on or before the date of implementation of the proposals; and

(b)those premises—

(i)were part of the premises of any of the existing schools (whether it was an independent school or a foundation or voluntary school); and

(ii)(if it was a foundation or voluntary school) were not provided by the authority.

(6)Where the proposals were published by a local education authority under section 29(1), they shall be implemented by the authority.

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Extent Information

E13This version of this provision extends to Wales only; a separate version has been created for England.

Proposals relating to community or foundation special schoolsE+W

15(1)This paragraph applies to proposals relating to—E+W

(a)a community or foundation special school; or

(b)a proposed such school.

(2)Where the proposals were published by a local education authority under section 31(1), they shall be implemented by the authority.

(3)Where the proposals were published by the governing body under section 31(2)(a), they shall be implemented by the local education authority and by the governing body, respectively, to such extent (if any) as the proposals provide for each of them to do so.

(4)Where the proposals were published by the governing body under section 31(2)(b), they shall be implemented—

(a)by the governing body; and

(b)by the local education authority as well.

Part IVE+W Provision of premises and other assistance

Provision of site and buildings for foundation, voluntary controlled or foundation special schoolE+W

16(1)This paragraph applies where a local education authority are required—E+W

(a)by virtue of paragraph 13(2) or (3) to provide a site for a foundation or voluntary controlled school or a proposed such school; or

(b)by virtue of paragraph 15(2) or (3) to provide a site for a foundation special school.

(2)The authority shall transfer their interest in the site and in any buildings on the site which are to form part of the school premises—

(a)to the school’s trustees, to be held by them on trust for the purposes of the school, or

(b)if the school has no trustees, to the school’s foundation body or (in the absence of such a body) to the governing body, to be held by that body for the relevant purposes.

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

(4)The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

(5)Where—

(a)a transfer is made under this paragraph, and

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

those persons shall notify the local education authority that paragraph (b) applies to them and they or their successors shall pay to the local education authority so much of that sum as, having regard to the value of the interest transferred, may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the Secretary of State.

(6)In sub-paragraph (5)(b) the reference to proceeds of the sale of other premises includes a reference to—

(a)consideration for the creation or disposition of any kind of interest in other premises, including rent; and

(b)interest which has accrued in respect of any such consideration;

and for the purposes of any agreed determination under sub-paragraph (5) regard shall be had to any guidance given from time to time by the Secretary of State.

(7)Any sum paid under sub-paragraph (5) shall be treated for the purposes of section 14 of the M18Schools Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school.

(8)A determination may be made under sub-paragraph (5) in respect of any property subject to a trust which has arisen under section 1 of the M19Reverter of Sites Act 1987 (right of reverter replaced by trust for sale) if (and only if)—

(a)the determination is made by the Secretary of State, and

(b)he is satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.

(9)Sub-paragraph (5) shall apply for the purpose of compensating the authority notified under that sub-paragraph only in relation to such part of the sum mentioned in sub-paragraph (5)(b) (if any) as remains after the application of paragraphs 1 to 3 of Schedule 22 to that sum.

(10)In this paragraph—

  • the relevant purposes” means—

    (a)

    in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts, or

    (b)

    in relation to a transfer to a school’s governing body, the purposes of the school;

  • site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.

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Modifications etc. (not altering text)

C27Sch. 6 para. 16 applied (E.) (1.9.2000) by S.I. 1999/2213, reg. 20(1)(2) (as inserted by S.I. 2000/2198, reg. 8)

Marginal Citations

Grants in respect of certain expenditure relating to existing or proposed voluntary aided schoolE+W

17(1)This paragraph applies where—E+W

(a)the governing body of a voluntary aided school are required by virtue of paragraph 14(2) to implement proposals relating to a prescribed alteration to the school; or

(b)any promoters are required by virtue of paragraph 14(3) to implement proposals involving the establishment of a new voluntary aided school.

(2)Paragraph 5 of Schedule 3—

(a)shall apply in relation to the voluntary aided school mentioned in sub-paragraph (1)(a) above; and

(b)shall apply in relation to the new voluntary aided school mentioned in sub-paragraph (1)(b) above as it applies in relation to an existing voluntary aided school.

(3)In the application of that paragraph in relation to a new voluntary aided school—

(a)the references to the governing body, in relation to any time before the governing body are constituted, are to the promoters; and

(b)where requirements are imposed in relation to grant paid by virtue of this paragraph to the promoters, the requirements shall be complied with by the governing body, when they are constituted, as well as by the promoters.

Assistance in respect of maintenance and other obligations relating to voluntary aided schoolE+W

18A local education authority may give to the governing body of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by the governing body of any obligation arising by virtue of paragraph 14(2) in relation to proposals published by them under section 28.

Assistance for promoters of new voluntary aided schoolE+W

19A local education authority may give to persons required by virtue of paragraph 14(3) to implement proposals involving the establishment of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by those persons of any obligation arising by virtue of that provision.

Duty to transfer interest in premises provided under paragraph 18 or 19E+W

20(1)Where assistance under paragraph 18 or 19 consists of the provision of any premises for use for the purposes of a school, the local education authority shall transfer their interest in the premises—E+W

(a)to the trustees of the school to be held on trust for the purposes of the school; or

(b)if the school has no trustees, to the school’s foundation body, to be held by that body for the relevant purposes.

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

(3)The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

(4)In this paragraph “the relevant purposes” means, in relation to a transfer to a school’s foundation body, the purposes of the schools comprising the group for which that body acts.

Part VE+W Transitional exemption orders for purposes of Sex Discrimination Act 1975

Single-sex schools: EnglandE+W

21(1)This paragraph applies to proposals for a school in England to cease to be an establishment which admits pupils of one sex only.E+W

(2)Sub-paragraph (3) applies where—

(a)such proposals are made under section 28 and, in accordance with subsection (6) of that section, the relevant body send a copy of the published proposals to the school organisation committee; or

(b)such proposals are made under section 31 and, in accordance with subsection (5) of that section, the relevant body send a copy of the published proposals to the school organisation committee.

(3)The sending of the published proposals to the school organisation committee by the relevant body shall be treated as an application by the responsible body for the making by the school organisation committee of a transitional exemption order, and the committee may make such an order accordingly.

(4)Where—

(a)the school organisation committee have failed to reach a unanimous decision under sub-paragraph (3) above on whether to make a transitional exemption order, or

(b)the school organisation committee refer the proposals to the adjudicator under paragraph 3 or 5 of this Schedule,

they shall refer the question whether to make a transitional exemption order to the adjudicator.

(5)Where that question is referred to the adjudicator—

(a)he shall consider the matter afresh; and

(b)he may make a transitional exemption order accordingly.

(6)In this paragraph and in paragraph 22—

  • the 1975 Act” means the M20Sex Discrimination Act 1975,

  • make”, in relation to a transitional exemption order, includes (so far as the context permits) vary or revoke,

  • the responsible body” has the same meaning as in section 22 of the 1975 Act, and

  • transitional exemption order” has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments becoming co-educational).

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Marginal Citations

Single-sex schools: WalesE+W

22(1)This paragraph applies to proposals for a school in Wales to cease to be an establishment which admits pupils of one sex only.E+W

(2)Sub-paragraph (3) applies where—

(a)such proposals are made under section 28 and, in accordance with subsection (7) of that section, the relevant body send a copy of the published proposals to the Secretary of State; or

(b)such proposals are made under section 31 and, in accordance with subsection (6) of that section, the relevant body send a copy of the published proposals to the Secretary of State.

(3)The sending of the published proposals to the Secretary of State shall be treated as an application by the responsible body for the making by the Secretary of State of a transitional exemption order, and he may make such an order accordingly.

Section 34.

SCHEDULE 7E+W Rationalisation of school places

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Modifications etc. (not altering text)

C28Sch. 7 modified (1.9.1999) by S.I. 1999/704, regs. 21, 22, Sch.

Part IE+W Introductory

1In this Schedule—

(a)powers to make proposals for the establishment, alteration or discontinuance of schools” means all or any of the powers of the local education authority to publish proposals under section 28, 29 or 31; and

(b)powers to make proposals for the alteration of their school”, in relation to the governing body of a foundation, voluntary or foundation special school, means their powers to publish proposals under section 28(2)(b) or 31(2)(a).

Part IIE+W Directions to bring forward proposals

Directions to bring forward proposals to remedy excessive provisionE+W

2(1)This paragraph applies where the Secretary of State is of the opinion that the provision for primary or secondary education in maintained schools—E+W

(a)in the area of any local education authority, or

(b)in any part of such an area,

is excessive.

(2)For the purpose of remedying the excess, the Secretary of State may—

(a)by an order under this paragraph direct the local education authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools, and

(b)in the case of any foundation, voluntary or foundation special school maintained by the authority, by an order under this paragraph direct the governing body to exercise their powers to make proposals for the alteration of their school.

(3)An order under sub-paragraph (2) shall—

(a)require the proposals to be published not later than such date as may be specified in the order, and

(b)require the proposals to apply such principles in giving effect to the direction as may be specified in the order.

(4)An order under sub-paragraph (2)(a) may not require the proposals to relate to any named school.

(5)Where any proposals are published in pursuance of an order under sub-paragraph (2) which relates to an area in England, the body concerned shall (in addition to complying with section 28(6), 29(5) or 31(5), as the case may be) send—

(a)a copy of the published proposals, and

(b)such information in connection with those proposals as may be prescribed,

to the Secretary of State.

Directions to bring forward proposals to remedy insufficient provisionE+W

3(1)This paragraph applies where the Secretary of State is of the opinion that the provision for primary or secondary education in maintained schools—E+W

(a)in the area of any local education authority, or

(b)in any part of such an area,

is, or is likely to become, insufficient.

(2)The Secretary of State may—

(a)by an order under this paragraph direct the local education authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools, and

(b)in the case of any foundation, voluntary or foundation special school maintained by the authority, by an order under this paragraph direct the governing body to exercise their powers to make proposals for the alteration of their school,

with a view (in each case) to securing that provision is made for such additional number of pupils in the area, or in any such part of the area, as may be specified in the order.

(3)An order under sub-paragraph (2) shall—

(a)require the proposals to be published not later than such date as may be specified in the order, and

(b)require the proposals to apply such principles in giving effect to the direction as may be specified in the order.

(4)An order under sub-paragraph (2)(a) may not require the proposals to relate to any named school.

(5)Where any proposals are published in pursuance of an order under sub-paragraph (2) which relates to an area in England, the body concerned shall (in addition to complying with section 28(6), 29(5) or 31(5), as the case may be) send—

(a)a copy of the published proposals, and

(b)such information in connection with those proposals as may be prescribed,

to the Secretary of State.

Supplementary provisionsE+W

4(1)Where the Secretary of State makes an order under paragraph 2(2) or 3(2) in relation to the area of any local education authority in England, he shall send a copy of the order—E+W

(a)to the school organisation committee for the area, and

(b)to any adjudicator who appears to him to be likely to be considering proposals in relation to that area.

(2)Where the school organisation committee or any adjudicator receive a copy of the order under sub-paragraph (1), the committee or adjudicator shall send to the Secretary of State—

(a)a copy of all proposals relating to the area which have been received by them or him but have not been determined by the relevant time, and

(b)a copy of all proposals relating to the area, other than any made under paragraph 5, which they receive after the relevant time.

(3)Where sub-paragraph (2) applies, then unless the Secretary of State gives his consent—

(a)neither the school organisation committee nor the adjudicator shall make any determination, and

(b)the school organisation committee shall not make any reference to the adjudicator under paragraph 3 of Schedule 6 or paragraph 8 below,

in relation to any proposals within sub-paragraph (2) during the period beginning with the relevant time and ending with the time when the Secretary of State notifies the committee or the adjudicator, as the case may be, that they or he may make any such determination or reference in relation to those proposals without the Secretary of State’s consent.

(4)The duty of the school organisation committee or any adjudicator to send copies of proposals to the Secretary of State under sub-paragraph (2) shall terminate at the end of the period mentioned in sub-paragraph (3).

(5)In sub-paragraphs (2) and (3)—

(a)references to the relevant time, in relation to the school organisation committee or to any adjudicator, are to the time when they or he receive the copy of the order under sub-paragraph (1);

(b)references to proposals are to proposals made under section 28, 29 or 31 [F44of this Act, paragraph 5 of this Schedule or Schedule 7 to the Learning and Skills Act 2000]; and

(c)references to the determination of any proposals are to—

(i)any determination whether or not to approve the proposals under paragraph 3 of Schedule 6 or paragraph 8 or 9 below, [F45or]

(ii)any determination whether or not to implement the proposals under paragraph 4 of Schedule 6 [F46or

(iii)any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.]

(6)Where a local education authority publish any proposals in pursuance of an order under paragraph 2(2) or 3(2) which relates to an area in England, those proposals shall require approval under paragraph 3 of Schedule 6, despite anything in paragraph 3(1)(a) or 4 of that Schedule.

(7)Proposals made in pursuance of an order under paragraph 2(2) or 3(2) (whether relating to an area in England or in Wales) may not be withdrawn without the consent of the Secretary of State and such consent may be given on such conditions (if any) as the Secretary of State considers appropriate.

(8)Where the governing body of a foundation, voluntary or foundation special school make any proposals in pursuance of any such order under paragraph 2(2) or 3(2), the local education authority shall reimburse any expenditure reasonably incurred by the governing body in making the proposals.

(9)Where—

(a)proposals made by the governing body of a foundation, voluntary or foundation special school in pursuance of any such order under paragraph 2(2) or 3(2) are approved or, as the case may be, determined to be implemented, or

(b)proposals approved or adopted under paragraph 8, 9 or 14 have effect as mentioned in paragraph 10(b) or 15(b), as the case may be,

then, despite anything in Part III of Schedule 6, the local education authority shall defray the cost of implementing the proposals.

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Amendments (Textual)

F44Words in Sch. 7 Pt. II para. 4(5)(b) substituted (28.7.2000 for specified purposes, 1.4.2001 for E. and otherwiseprosp.) by 2000 c. 21, ss. 149, 154(3)-(5), Sch. 9 para. 90(1)(2)(a); S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

F45Word after Sch. 7 Pt. II para. 4(5)(c)(i) repealed (28.7.2000 for specified purposes, 1.4.2001 for E. and otherwiseprosp.) by 2000 c. 21, ss. 153, 154(3)-(5), Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

F46Sch. 7 Pt. II para. 4(5)(c)(iii) and the word preceding it inserted (28.7.2000 for specified purposes, 1.4.2001 for E. and otherwiseprosp.) by 2000 c. 21, ss. 149, 154(3)-(5), Sch. 9 para. 90(1)(2)(b); S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

Part IIIE+W Proposals by Secretary of State

Publication of proposalsE+W

5(1)Where—E+W

(a)the Secretary of State has, in relation to the area of any local education authority or any part of such an area, made an order under paragraph 2(2) or 3(2) directing the local education authority or the governing body of a foundation, voluntary or foundation special school to make proposals for the establishment, alteration or discontinuance of schools or (as the case may be) for the alteration of their school, and

(b)either—

(i)any proposals have been published in pursuance of the order, or

(ii)the time allowed under the order for the publication of the proposals has expired,

he may make any such proposals as might have been made in accordance with the order relating to that area or that part of that area by the body to whom the directions were given.

(2)Proposals under this paragraph shall—

(a)contain such information, and

(b)be published in such manner,

as may be prescribed.

(3)Where any proposals made under this paragraph relate to an area in England, the Secretary of State shall send a copy of the proposals to the school organisation committee for the area.

(4)Where any proposals made under this paragraph relate to an area in Wales, the Secretary of State shall send a copy of the proposals—

(a)to the local education authority for the area, and

(b)to the governing body of each school to which the proposals relate.

Part IVE+W Procedure for dealing with proposals under paragraph 5: England

Application of Part IVE+W

6This Part of this Schedule applies to proposals published under paragraph 5 which relate to an area in England.

ObjectionsE+W

7(1)Any person may make objections to any proposals published under paragraph 5.E+W

(2)Objections under this paragraph—

(a)shall be sent to the school organisation committee for the area to which those proposals relate; and

(b)shall be so sent within such period as may be prescribed.

Approval of proposalsE+W

8(1)Proposals published under paragraph 5 require the approval of the school organisation committee under this paragraph or of the adjudicator under paragraph 9.E+W

(2)Where the school organisation committee receive a copy of the proposals published under paragraph 5, they must either—

(a)approve them without modification, or

(b)approve them with such modifications as the committee think desirable and to which the Secretary of State consents, or

(c)refer them to the adjudicator under sub-paragraph (5) or (6).

(3)Any approval given under this paragraph may, with the consent of the Secretary of State, be expressed to take effect only if an event specified in the approval occurs by a date so specified; and regulations may prescribe the events that may be so specified.

(4)When deciding whether or not to give any approval under this paragraph the committee shall have regard to any guidance given from time to time by the Secretary of State.

(5)If—

(a)by the end of such period as may be specified in or determined in accordance with regulations, the committee have not voted on the question whether to give any approval under this paragraph, and

(b)the Secretary of State requests the committee to refer his proposals to the adjudicator,

they shall refer his proposals to the adjudicator.

(6)If the committee—

(a)have voted on any matter which (in accordance with regulations under paragraph 5 of Schedule 4) falls to be decided by them under this paragraph by a unanimous decision but have failed to reach such a decision on that matter, or

(b)have decided not to give any approval under this paragraph,

they shall refer the Secretary of State’s proposals to the adjudicator.

(7)Where any proposals are referred to the adjudicator under sub-paragraph (5) or (6), the school organisation committee shall also refer to him—

(a)any other proposals published under paragraph 5 in relation to the area of the local education authority (and not withdrawn),

(b)any proposals made by that authority in the exercise of their powers to make proposals for the establishment, alteration or discontinuance of schools (and not withdrawn), [F47and]

(c)any proposals made by the governing body of any foundation, voluntary or foundation special school in the area in the exercise of their powers to make proposals for the alteration of their school (and not withdrawn), [F48and

(d)any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn).]

where those proposals are not determined before the adjudicator holds an inquiry under paragraph 9(1) and appear to the committee to be related to the proposals referred by them to the adjudicator under sub-paragraph (5) or (6).

(8)Sub-paragraph (7) applies to any proposals within that sub-paragraph whether or not the proposals have been previously referred to the adjudicator by the committee.

(9)Sub-paragraph (1) does not prevent the Secretary of State from withdrawing any proposals published under paragraph 5 by notice in writing given to the school organisation committee at any time before the proposals are determined under this paragraph or paragraph 9.

(10)References in this paragraph to the determination of any proposals are to—

(a)any determination whether or not to approve the proposals under paragraph 3 of Schedule 6, sub-paragraph (2)(a) or (2)(b) above or paragraph 9(3) below, [F49or]

(b)any determination whether or not to implement the proposals under paragraph 4 of Schedule 6 [F50or

(c)any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.]

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Amendments (Textual)

F47Word after Sch. 7 Pt. IV para. 8(7)(b) repealed (28.7.2000 for specified purposes, 1.4.2001 for E. and otherwise prosp.) by 2000 c. 21, ss. 153, 154(3)-(5), Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

F48Sch. 7 Pt. IV para. 8(7)(d) and the word preceding it inserted (28.7.2000 for specified purposes, 1.4.2001 for E. and otherwise prosp.) by 2000 c. 21, ss. 149, 154(3)-(5), Sch. 9 para. 90(1)(3) (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

F49Word in Sch. 7 Pt. IV para. 8(10)(a) repealed (28.7.2000 for specified purposes, 1.4.2001 for E. and otherwise prosp.) by 2000 c. 21, ss. 153, 154(3)-(5), Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

F50Sch. 7 Pt. IV para. 8(10)(c) and the word preceding it inserted (28.7.2000 for specified purposes, 1.4.2001 for E. and otherwise prosp.) by 2000 c. 21, ss. 149, 154(3)-(5), Sch. 9 para. 90(1)(4) (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

Local inquiry into proposalsE+W

9(1)Where any proposals are referred to the adjudicator under paragraph 8(5) or (6), he shall hold a local inquiry to consider—E+W

(a)those proposals,

(b)any additional proposals referred to him under paragraph 8(7),

(c)any objections made (under paragraph 2 of Schedule 6 or paragraph 7 above) to any proposals within paragraph (a) or (b) above unless such objections have been withdrawn, and

(d)any views expressed by the school organisation committee on any such proposals.

(2)It shall not be open to the inquiry to question the principles specified in the order under paragraph 2(2) or 3(2).

(3)After holding the inquiry, the adjudicator must, in the case of any proposals considered at the inquiry, either—

(a)approve them with or without modifications, or

(b)reject them.

(4)Any approval given under this paragraph may be expressed to take effect only if an event specified in the approval occurs by a date so specified; and regulations may prescribe the events that may be so specified.

(5)When deciding whether or not to give any approval under this paragraph, paragraph 8(4) shall apply to the adjudicator as it does to the committee.

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Modifications etc. (not altering text)

C29Sch. 7 para. 9 extended (1.6.1999) by S.I. 1999/1286, reg. 12(13).

Implementation of proposalsE+W

10Proposals approved by the school organisation committee under paragraph 8 or by the adjudicator under paragraph 9 shall have effect as if they—

(a)had been made by the local education authority under their powers to make proposals for the establishment, alteration or discontinuance of schools, or

(b)in any case where the proposals are for the alteration of a foundation, voluntary or foundation special school, had been made by the governing body under their powers to make proposals for the alteration of their school,

and had been approved by the school organisation committee or the adjudicator, as the case may be, under paragraph 3 of Schedule 6.

Part VE+W Procedure for dealing with proposals under paragraph 5: Wales

Application of Part VE+W

11This Part of this Schedule applies to proposals published under paragraph 5 which relate to an area in Wales.

ObjectionsE+W

12(1)Any person may make objections to any proposals published under paragraph 5.E+W

(2)Objections under this paragraph—

(a)shall be sent to the Secretary of State; and

(b)shall be so sent within such period as may be prescribed.

Local inquiry into proposalsE+W

13(1)This paragraph applies where in relation to the area of any local education authority the Secretary of State has made proposals under paragraph 5 (otherwise than in pursuance of paragraph 14(1)) which he has not withdrawn.E+W

(2)If objections have been made under paragraph 12(1) within the period prescribed in accordance with paragraph 12(2)(b), then, unless all objections so made have been withdrawn in writing within that period, the Secretary of State shall cause a local inquiry to be held to consider his proposals, any proposals he refers to the inquiry and any such objections.

(3)Any proposals referred to a local inquiry under this paragraph require the approval of the Secretary of State (if they would not require such approval apart from this sub-paragraph).

(4)Where the Secretary of State has a duty to cause a local inquiry to be held under this paragraph, he shall refer to the inquiry—

(a)any other proposals published under paragraph 5 in relation to the area of the local education authority (and not withdrawn),

(b)any proposals made by that authority in the exercise of their powers to make proposals for the establishment, alteration or discontinuance of schools (and not withdrawn), F51. . .

(c)any proposals made by the governing body of any foundation, voluntary or foundation special school in the area in the exercise of their powers to make proposals for the alteration of their school (and not withdrawn), [F52and

(d)any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn).]

where those proposals are not determined before he causes the inquiry to be held and appear to him to be related to the proposals made under paragraph 5 in respect of which he is required under this paragraph to cause the inquiry to be held.

(5)If, before the Secretary of State causes the inquiry to be held, he forms the opinion that any proposals ought to be implemented, sub-paragraph (4) does not require him to refer those proposals to the inquiry unless—

(a)before the proceedings on the inquiry are concluded, or

(b)(if earlier) the proposals are determined,

he subsequently forms a different opinion.

(6)It shall not be open to the inquiry to question the principles specified in the order under paragraph 2(2) or 3(2).

(7)References in this paragraph to the determination of any proposals are to—

(a)any determination whether or not to approve or adopt the proposals under paragraph 8 of Schedule 6 or paragraph 14 below, F53. . .

(b)any determination whether or not to implement the proposals under paragraph 9 of Schedule 6 [F54and

(c)any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.]

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Amendments (Textual)

F51Word after Sch. 7 Pt. V para. 13(4)(b) repealed (28.7.2000 for specified purposes, 1.4.2001 for E. and 1.4.2002 for W.) by 2000 c. 21, s. 153, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3); S.I. 2001/2705, art. 2, Sch. Pt. I

F52Sch. 7 Pt. V para. 13(4)(d) and the word preceding it inserted (28.7.2000 for specified purposes, 1.4.2001 for E. and 1.4.2002 for W.) by 2000 c. 21, s. 149, Sch. 9 para. 90(5) (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3); S.I. 2001/2705, art. 2, Sch. Pt. I

F53Word after Sch. 7 Pt. V para. 13(7)(a) repealed (28.7.2000 for specified purposes, 1.4.2001 for E. and 1.4.2002 for W.) by 2000 c. 21, s. 153, Sch. 11; S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3); S.I. 2001/2705, art. 2, Sch. Pt. I

F54Sch. 7 Pt. V para. 13(7)(c) inserted (28.7.2000 for specified purposes, 1.4.2001 for E. and 1.4.2002 for W.) by 2000 c. 21, s. 149, Sch. 9 para. 90(6) (with s. 150); S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3); S.I. 2001/2705, art. 2, Sch. Pt. I

Adoption of proposalsE+W

14(1)Where the Secretary of State has published proposals under paragraph 5 in respect of which he is required to cause a local inquiry to be held, he may when he has considered the report of the person appointed to hold the inquiry do one or more of the following—E+W

(a)adopt, with or without modifications, or determine not to adopt the proposals or any other proposals made by him under that paragraph which he referred to the inquiry;

(b)approve, with or without modifications, or reject any other proposals which he referred to the inquiry; and

(c)make any such further proposals under paragraph 5 as might have been made in accordance with the order or orders relating to the area of the local education authority concerned by the body to whom the directions were given.

(2)Where the Secretary of State has published proposals under paragraph 5 in respect of which he is not required to cause a local inquiry to be held and which he is not required to refer to such an inquiry, he may, after considering any objections made under paragraph 12(1) (and not withdrawn) within the period prescribed in accordance with paragraph 12(2)(b)—

(a)adopt the proposals with or without modifications; or

(b)determine not to adopt the proposals.

(3)Any adoption of proposals under this paragraph may be expressed to take effect only if an event specified in the adoption occurs by a date so specified.

Implementation of proposalsE+W

15Proposals adopted by the Secretary of State under paragraph 14 shall have effect as if they—

(a)had been made by the local education authority under their powers to make proposals for the establishment, alteration or discontinuance of schools, or

(b)in any case where the proposals are for the alteration of a foundation, voluntary or foundation special school, had been made by the governing body under their powers to make proposals for the alteration of their school,

and had been approved by the Secretary of State under paragraph 8 of Schedule 6.

Part VIE+W Transitional exemption orders for purposes of Sex Discrimination Act 1975

Single-sex schools: EnglandE+W

16(1)This paragraph applies to proposals for a school in England to cease to be an establishment which admits pupils of one sex only.E+W

(2)Sub-paragraph (3) applies where such proposals are made under paragraph 5 of this Schedule and, in accordance with sub-paragraph (3) of that paragraph, the Secretary of State sends a copy of the published proposals to the school organisation committee.

(3)The sending of the published proposals to the school organisation committee by the Secretary of State shall be treated as an application by the responsible body for the making by the school organisation committee of a transitional exemption order, and the committee may make such an order accordingly.

(4)Where—

(a)the school organisation committee have failed to reach a unanimous decision under sub-paragraph (3) above on whether to make a transitional exemption order, or

(b)the school organisation committee refer the proposals to the adjudicator under paragraph 8 of this Schedule,

they shall refer the question whether to make a transitional exemption order to the adjudicator.

(5)Where that question is referred to the adjudicator—

(a)he shall consider the matter afresh; and

(b)he may make a transitional exemption order accordingly.

(6)In this paragraph and in paragraph 17—

  • the 1975 Act” means the M21Sex Discrimination Act 1975,

  • make”, in relation to a transitional exemption order, includes (so far as the context permits) vary or revoke,

  • the responsible body” has the same meaning as in section 22 of the 1975 Act, and

  • transitional exemption order” has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments becoming co-educational).

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Marginal Citations

Single-sex schools: WalesE+W

17(1)This paragraph applies to proposals for a school in Wales to cease to be an establishment which admits pupils of one sex only.E+W

(2)Where such proposals are made under paragraph 5 of this Schedule, the responsible body shall be treated as having made an application to the Secretary of State for the making of a transitional exemption order, and the Secretary of State may make such an order accordingly.

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Modifications etc. (not altering text)

C30Sch. 7 para. 17: Power to apply (with modifications) conferred (19.12.2002) by Education Act 2002 (c. 32), ss. 193(5), 216 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1

Section 35.

SCHEDULE 8E+W Changes of category of school

Permitted changes of categoryE+W

1(1)A community school may in accordance with this Schedule become a foundation school in pursuance of proposals published by the local education authority.E+W

(2)A school within one of the following categories, namely—

(a)a community school,

(b)a foundation school,

(c)a voluntary aided school, or

(d)a voluntary controlled school,

may in accordance with this Schedule become a school within another of those categories in pursuance of proposals published by the governing body.

(3)A community special school may in accordance with this Schedule become a foundation special school in pursuance of proposals published by the local education authority.

(4)A community special school or a foundation special school may in accordance with this Schedule become a foundation special school or a community special school in pursuance of proposals published by the governing body.

Procedure for changing category of schoolE+W

2(1)Where, in the case of any maintained school, the local education authority or the governing body propose that the school should become a school of another category as permitted by paragraph 1, they shall publish their proposals under this paragraph.E+W

(2)Regulations may provide for any of the provisions of sections 28 and 31 and Part I or II of Schedule 6 to have effect in relation to any such proposals with or without modifications.

Mandatory publication of proposals for voluntary aided school to change categoryE+W

3(1)If at any time the governing body of a voluntary aided school are unable or unwilling to carry out their obligations under Schedule 3, they shall publish proposals under this paragraph.E+W

(2)If the proposals are published during the period mentioned in section 35(2), they shall be proposals for the school to become a voluntary controlled school.

(3)If the proposals are published after the end of that period, they shall be proposals for the school to become either a voluntary controlled school or a foundation school, as the governing body may determine.

(4)Sub-paragraph (2) of paragraph 2 shall apply in relation to proposals published under this paragraph as it applies in relation to proposals published under that paragraph.

Restrictions on changing category of schoolE+W

4(1)Regulations may make provision for preventing a school of any description specified in the regulations from changing its category under this Schedule unless such conditions are satisfied as are so specified.E+W

(2)The conditions which may be so specified include conditions requiring (according to the circumstances of the case) any of the following to be demonstrated to the satisfaction of any person so specified, namely—

(a)that the school will join a group of schools for which a foundation body acts or proposes to act;

(b)where a foundation is proposed to be established for the school otherwise than under this Act, that the foundation would meet such requirements as may be so specified;

(c)that the governing body will be able to carry out their obligations under Schedule 3;

(d)that the school’s governing or foundation body or trustees have agreed to sell or otherwise transfer to the local education authority any land of a description so specified.

Implementation of proposalsE+W

5(1)Regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the implementation of proposals published under paragraph 2 or 3, including provision with respect to—E+W

(a)the revision or replacement of the school’s instrument of government and the reconstitution of its governing body;

(b)the transfer of property, rights and liabilities (including such a transfer to or from a foundation body), and staff; and

(c)any transitional matters (whether relating to the implementation of proposals published under other provisions of this Act or otherwise).

(2)Regulations under sub-paragraph (1) may, in particular, make provision with respect to—

(a)restricting the disposal of land by a local authority which is used or held for the purposes of a school in relation to which proposals to change category are, or may be, published under paragraph 2, as from—

(i)the date of publication of such proposals; or

(ii)such other time as may be prescribed;

(b)restricting the taking of action by virtue of which any such land would cease to be so used or held to any extent;

(c)the consequences of any contravention of any such restriction;

(d)conferring on any prescribed body such functions as may be prescribed with respect to any such contravention.

(3)Regulations under sub-paragraph (1) may, in connection with any matters falling within that sub-paragraph—

(a)modify any provision made by or under this Part of this Act;

(b)apply any such provision with or without modifications;

(c)make provision corresponding or similar to any such provision.

6A school’s change of category under this Schedule shall not be taken as authorising or requiring any change in the character of the school conducted by its governing body (including, in particular, any religious character of the school).

Section 36(1).

SCHEDULE 9E+W Constitution of governing bodies

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Modifications etc. (not altering text)

C31Sch. 9 applied (with modifications) (10.3.1999) by S.I. 1999/362, reg. 81.

Sch. 9 applied (with modifications) (10.3.1999) by S.I. 1999/362, reg. 9(1).

Sch. 9 applied (with modifications) (10.3.1999) by S.I. 1999/362, reg. 27(1).

Sch. 9 excluded (10.3.1999) by S.I. 1999/362, reg. 34(6).

Sch. 9 applied (with modifications) (10.3.1999) by S.I. 1999/362, reg. 43(1).

Sch. 9 applied (with modifications) (10.3.1999) by S.I. 1999/362, reg. 44(1).

Sch. 9 modified (26.5.1999) by S.I. 1999/1287, reg. 6(1)(2).

Sch. 9 applied (with modifications) (1.9.1999) by S.I. 1999/2243, reg. 32(1)-(4).

Sch. 9 applied (with modifications) by S.I. 1999/2262, reg. 32(1)(2)-(4).

Commencement Information

I3Sch. 9 wholly in force at 1.9.1999; Sch. 9 in force for certain purposes at Royal Assent see s. 145(5); Sch. 9 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).

Part IE+W Categories of governor

Co-opted governorsE+W

1In this Schedule “co-opted governor” means a person who is appointed to be a member of the school’s governing body by being co-opted by governors who have not themselves been so appointed.

Foundation governorsE+W

2In this Act “foundation governor” means a person appointed to be a member of the school’s governing body, otherwise than by a local education authority, who—

(a)where the school has a particular religious character, is appointed for the purpose of securing that that character is preserved and developed, and

(b)where the school has a trust deed, is appointed for the purpose of securing that the school is conducted in accordance with that deed,

or, where the school has neither a religious character nor a trust deed, is appointed as a foundation governor of the school.

LEA governorsE+W

3In this Schedule “LEA governor” means a governor appointed to the school’s governing body by the local education authority.

Parent governorsE+W

4In this Schedule “parent governor” means—

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

(b)a person who is appointed as a parent governor by the governing body in accordance with regulations.

Partnership governorsE+W

5In this Schedule “partnership governor” means a person nominated as a partnership governor, and appointed as such, in accordance with regulations.

Staff governorsE+W

6In this Schedule “staff governor” means a person—

(a)who is elected as a member of the school’s governing body by persons employed to work at the school otherwise than as teachers, and

(b)who is himself a person so employed at the time when he is elected;

and for this purpose “employed” means employed under a contract of employment or a contract for services.

Teacher governorsE+W

7In this Schedule “teacher governor” means a person—

(a)who is elected as a member of the school’s governing body by teachers at the school, and

(b)who is himself such a teacher at the time when he is elected;

and for this purpose “teacher” means a teacher employed under a contract of employment or a contract for services or otherwise engaged to provide his services as a teacher.

Head teacherE+W

8At any time when the head teacher is a governor, he shall be treated for all purposes as being an ex officio governor.

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Modifications etc. (not altering text)

C32Sch. 9 para. 8 modified (26.5.1999) by S.I. 1999/1287, reg. 6(2).

Part IIE+W Constitution of governing bodies

Community schoolsE+W

9(1)The governing body of a community school shall consist of the following—E+W

(a)the head teacher, except at any time when he chooses not to be a governor,

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

(c)any additional governors required by virtue of paragraph 15.

(2)The option of having a smaller governing body constituted in accordance with the third or fifth column is available—

(a)in the case of a secondary school, where the school has less than 600 registered pupils, and

(b)in the case of a primary school, where the school has less than 100 registered pupils.

(3)As regards the alternatives specified in the fourth column of the table, the governing body of a primary school to which that column applies must be constituted in such a way as to reflect either all the first alternatives or all the second alternatives.

Category of governorSecondary school-normal basisSecondary school-option if less than 600 pupilsPrimary school-normal basisPrimary school-option if less than 100 pupils
Parent governors654or 53
LEA governors543or 42
Teacher governors221or 21
Staff governors1111or 0
Co-opted governors543or 42
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Modifications etc. (not altering text)

C33Sch. 9 para. 9 applied (with modifications) (1.9.1999) by S.I. 1999/2243, reg. 10(1).

Sch. 9 para. 9 excluded (1.9.1999) by S.I. 1999/2243, regs. 14(1), 16.

Sch. 9 para. 9 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 10(1)(2), 17.

Community special schoolsE+W

10(1)The governing body of a community special school shall consist of the following—E+W

(a)the head teacher, except at any time when he chooses not to be a governor,

(b)governors of each of the categories specified in the first column of the table set out in paragraph 9, in the numbers specified in either the fourth or the fifth column, and

(c)any additional governors required by virtue of paragraph 15.

(2)The option of having a smaller governing body constituted in accordance with the fifth column of the table is accordingly available whether or not the school has less than 100 registered pupils.

(3)As regards the alternatives specified in the fourth column of the table, the governing body of a community special school to which that column is applicable must be constituted in such a way as to reflect either all the first alternatives or all the second alternatives.

(4)Whichever set of numbers applies to the governing body of such a school under the fourth or fifth column—

(a)the number of co-opted governors shall be reduced by one, and

(b)in place of that governor there shall be a representative governor appointed under sub-paragraph (5) or (6),

except in a case where sub-paragraph (6) applies and no voluntary organisation is designated for the purposes of that sub-paragraph.

(5)Where the school is established in a hospital, a representative governor shall be appointed—

(a)(if the hospital is vested in the Secretary of State) by the [F55Primary Care Trust or] Health Authority; or

(b)(if the hospital is vested in a National Health Service trust [F56or a Primary Care Trust]) by that trust.

(6)Where the school is not established in a hospital, then—

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

(b)if two or more voluntary organisations are so designated as appropriate voluntary organisations concerned with such matters, a representative governor shall be appointed by those organisations acting jointly.

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Amendments (Textual)

Modifications etc. (not altering text)

C34Sch. 9 para. 10 applied (with modifications) (1.9.1999) by S.I. 1999/2243, reg. 10(1).

Sch. 9 para. 10 excluded (1.9.1999) by S.I. 1999/2243, regs. 14(1), 16.

Sch. 9 para. 10 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 10(1)(2), 17

Sch. 9 para. 10 applied (with modifications) (1.9.1999) by S.I. 1999/2262, reg. 32(3)

Foundation schoolsE+W

11(1)The governing body of a foundation school shall consist of the following—E+W

(a)the head teacher, except at any time when he chooses not to be a governor,

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

(c)any additional governors required by virtue of paragraph 15.

Where the school does not have a foundation, the reference to foundation governors in the first column shall be read as a reference to partnership governors.

(2)The option of having a smaller governing body constituted in accordance with the third or fifth column is available—

(a)in the case of a secondary school, where the school has less than 600 registered pupils, and

(b)in the case of a primary school, where the school has less than 100 registered pupils.

(3)As regards the alternatives specified in the fourth column of the table, the governing body of a primary school to which that column applies must be constituted in such a way as to reflect either both of the first alternatives or both of the second alternatives.

Category of governorSecondary school-normal basisSecondary school-option if less than 600 pupilsPrimary school-normal basisPrimary school-option if less than 100 pupils
Parent governors765or 64
LEA governors2222
Teacher governors2211
Staff governors1111or 0
Foundation governors543or 42
Co-opted governors3211
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Modifications etc. (not altering text)

C35Sch. 9 para. 11 applied (with modifications) (1.9.1999) by S.I 1999/2243, reg. 10(1).

Sch. 9 para. 11 excluded (1.9.1999) by S.I. 1999/2243, regs. 14(1), 16.

Sch. 9 para. 11 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 10(1)(2), 17.

Foundation special schoolsE+W

12(1)The governing body of a foundation special school shall consist of the following—E+W

(a)the head teacher, except at any time when he chooses not to be a governor,

(b)governors of each of the categories specified in the first column of the table set out in paragraph 11, in the numbers specified in either the fourth or the fifth column, and

(c)any additional governors required by virtue of paragraph 15.

Where the school does not have a foundation, the reference to foundation governors in the first column shall be read as a reference to partnership governors.

(2)The option of having a smaller governing body constituted in accordance with the fifth column of the table is accordingly available whether or not the school has less than 100 registered pupils.

(3)As regards the alternatives specified in the fourth column of the table, the governing body of a foundation special school to which that column is applicable must be constituted in such a way as to reflect either both of the first alternatives or both of the second alternatives.

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Modifications etc. (not altering text)

C36Sch. 9 para. 12 applied (with modifications) (1.9.1999) by S.I. 1999/2243, reg. 10(1).

Sch. 9 para. 12 excluded (1.9.1999) by S.I. 1999/2243, regs. 14(1), 16.

Sch. 9 para. 12 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 10(1)(2), 17.

Voluntary controlled schoolsE+W

13(1)The governing body of a voluntary controlled school shall consist of the following—E+W

(a)the head teacher, except at any time when he chooses not to be a governor,

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

(c)any additional governors required by virtue of paragraph 15.

(2)The option of having a smaller governing body constituted in accordance with the third or fifth column is available—

(a)in the case of a secondary school, where the school has less than 600 registered pupils, and

(b)in the case of a primary school, where the school has less than 100 registered pupils.

(3)As regards the alternatives specified in the fourth column, the governing body of a primary school to which that column applies must be constituted in such a way as to reflect either both of the first alternatives or both of the second alternatives.

Category of governorSecondary school-normal basisSecondary school-option if less than 600 pupilsPrimary school-normal basisPrimary school-option if less than 100 pupils
Parent governors654or 53
LEA governors4332
Teacher governors2211
Staff governors1111or 0
Foundation governors543or 42
Co-opted governors2211
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Modifications etc. (not altering text)

C37Sch. 9 para. 13 applied (with modifications) (1.9.1999) by S.I. 1999/2243, reg. 10(1).

Sch. 9 para. 13 excluded (1.9.1999) by S.I. 1999/2243, regs. 14(1), 16.

Sch. 9 para. 13 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 10(1)(2), 17.

Voluntary aided schoolsE+W

14(1)The governing body of a voluntary aided school shall consist of the following—E+W

(a)the head teacher, except at any time when he chooses not to be a governor,

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

(c)any additional governors required by virtue of paragraph 15, and

(d)such number of foundation governors as will lead to their outnumbering the other governors mentioned in paragraphs (a) to (c)—

(i)by three, in the case of a school to which the second column applies, or

(ii)by two, in the case of any other school.

(2)The option of having a smaller governing body constituted in accordance with the third or fifth column is available—

(a)in the case of a secondary school, where the school has less than 600 registered pupils, and

(b)in the case of a primary school, where the school has less than 100 registered pupils.

(3)As regards the alternatives specified in the fourth column, the governing body of a primary school to which that column applies must be constituted in such a way as to reflect either both of the first alternatives or both of the second alternatives.

(4)The foundation governors required by sub-paragraph (1)(d) must include—

(a)at least three governors who at the time of their appointment are parents of registered pupils at the school, in the case of a school to which the second column applies, or

(b)at least two such governors in the case of any other school.

Category of governorSecondary school-normal basisSecondary school-option if less than 600 pupilsPrimary school-normal basisPrimary school-option if less than 100 pupils
Parent governors321or 21
LEA governors211or 21
Teacher governors2211
Staff governors1111or 0
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Modifications etc. (not altering text)

C38Sch. 9 para. 14 applied (with modifications) (10.3.1999) by S.I. 1999/362, reg. 36(2).

Sch. 9 para. 14 applied (with modifications) (1.9.1999) by S.I. 1999/2243, reg. 10(1).

Sch. 9 para. 14 excluded (1.9.1999) by S.I. 1999/2243, regs. 14(1), 16.

Sch. 9 para. 14 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 10(1)(2), 17.

Additional governorsE+W

15(1)If the governing body of any maintained school so determine, or regulations so require, the instrument of government for the school shall provide for the governing body to include, in addition to the governors required by virtue of the preceding provisions of this Schedule, such number of co-opted governors as may be specified in or determined in accordance with regulations.E+W

(2)Regulations shall specify—

(a)the circumstances in which provision for such appointments is authorised or required to be made under this paragraph; and

(b)the categories of person from whom or from amongst whose members nominations for such appointments are to be sought.

(3)The instrument of government for any community or voluntary school which—