The Education (Groups of Grant–maintained Schools) Regulations 1994

Initiating procedure for schools to acquire grant–maintained status by joining an existing group

4.—(1) Where the governing body of a school which is eligible for grant–maintained status (not being a hospital special school) decide by a resolution passed at a meeting of that body–

(i) to seek the consent of the governing body of a group to become a member of that group and, following such consent,

(ii) to hold a ballot of parents on the question of whether grant–maintained status as an additional member of that group should be sought,

the governing body of that school shall within 14 days of the passing of that resolution give notice to the governing body of that group in writing of the terms of the resolution and seek the consent of the governing body of that group within 42 days of receipt of the notice.

(2) Where the governing body of a hospital special school which is eligible for grant– maintained status decide by a resolution passed at a meeting of that body to seek the consent of the governing body to become a member of that group they shall within 14 days of the passing of that resolution give notice to the governing body of the group in writing of the terms of the resolution and seek their consent within 42 days of receipt of the notice.

(3) The governing body of the group shall decide by a resolution passed at a meeting of that body within that period whether or not to consent to that school joining the group.

(4) If the resolution referred to in paragraph (3) is in favour of the school joining the group the governing body of the group shall give notice to the governing body of the school forthwith.

(5) The governing body of the school (not being a hospital special school) shall secure that a ballot is held in accordance with regulation 6 within the period of 10 weeks beginning with the date of the resolution of the governing body of the group referred to in paragraph (3) above.

(6) The governing body of the school shall give notice in writing that the ballot is to be held (or, in the case of a hospital special school notice in writing of their decision) to the local education authority and, where a participating school is a voluntary school, to any person holding property on trust for the purposes of that school.

(7) Notice under paragraph (6) above must be given within the period of five days beginning with the date on which the governing body of the school were notified of the resolution of the governing body of the group under paragraph (4) above, but in determining that period no account shall be taken of–

(a) Saturday, Sunday, Good Friday and Christmas Day; or

(b) any day which is a bank holiday in England and Wales.

(8) This regulation does not apply if a ballot on the question whether grant–maintained status should be sought for the school as a member of the group has been held in accordance with regulation 6 within the period of 12 months ending with the date immediately preceding the date of the resolution of the governing body of the group referred to in paragraph (3) above unless the Secretary of State gives consent in writing for a new ballot to be held.