The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Children, Schools and Families Act 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)In section 27 of EA 2002 (power of governing body to provide community facilities etc), after subsection (1) there is inserted—
“(1A)At least once in every school year the governing body of a maintained school in England shall consider whether, and if so how, they should exercise the power under subsection (1).”
(2)In section 50 of SSFA 1998 (effect of financial delegation), after subsection (3) there is inserted—
“(3A)In the case of a school in England—
(a)subject to regulations under paragraph (b) below, subsection (3)(a) has effect as if amounts spent on providing facilities or services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc) were spent for purposes of the school;
(b)regulations may impose restrictions as to the matters on which amounts may be spent under subsection (3)(a).”
(3)In subsection (4) of that section, for “In subsection (3) “purposes of the school”” there is substituted “ In the case of a school in Wales, “purposes of the school” in subsection (3) ”.
(4)In section 51A of SSFA 1998 (expenditure incurred for community purposes), in subsections (1) and (2), after “a maintained school” there is inserted “ in Wales ”.
(1)The governing body of a maintained school in England may—
(a)form, or participate in forming, a company to enter into an agreement under section 482 of EA 1996 (agreement with Secretary of State to establish etc an Academy), and
(b)do anything which appears to them to be necessary or expedient in connection with a proposal that an agreement under that section be entered into with a company formed (or proposed to be formed) by them under paragraph (a).
References in this subsection to a company are to a company registered under the Companies Act 2006 as a company limited by guarantee.
(2)The governing body of a maintained school in England—
(a)may be a member of a company which they have formed, or participated in forming, under subsection (1)(a), and
(b)may be a member of a company which is not within paragraph (a) but which is party to an agreement under section 482 of EA 1996.
(3)The power conferred by subsection (1)(b) includes, in particular, power—
(a)to incur expenditure;
(b)to enter into arrangements or agreements with any person.
(4)This section is not to be read as limiting any powers that the governing body of a maintained school have otherwise than by virtue of this section.
(5)In this section “maintained school” means a community, foundation or voluntary school or a community or foundation special school.
(1)Paragraph 3 of Schedule 1 to EA 2002 (powers of governing body) is amended as follows.
(2)After sub-paragraph (2) there is inserted—
“(2A)The governing body of a maintained school in England (other than the governing body of a maintained nursery school) may provide advice and assistance to the proprietor of an Academy.
(2B)The governing body of a maintained school in England may be a member of the foundation of another maintained school in England.
In this sub-paragraph “foundation” has the meaning given by section 21(3) of the 1998 Act, except that it does not include a foundation established under that Act.”
(3)In sub-paragraph (3)—
(a)in the words before paragraph (a), for “and (2)” there is substituted “ , (2) and (2A) ”;
(b)in paragraph (f), after “sub-paragraph (2)” there is inserted “ or (2A) ”.
After section 11 of EIA 2006 there is inserted—
(1)The governing body of a maintained school may make proposals pursuant to a notice under section 7 or publish proposals under section 11(2) only if the governing body are for the time being designated for the purposes of this section—
(a)by the Secretary of State, or
(b)by a person authorised by the Secretary of State to designate governing bodies for those purposes.
(2)The governing body of a maintained nursery school may not be designated for the purposes of this section.”
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: