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

Regulation 6

SCHEDULE 1 INFORMATION TO BE GIVEN TO PERSONS ELIGIBLE TO VOTE

PART I Ballot in connection with procedure for acquisition of grant–maintained status as a member of a group

1.—(1) The information to be given to every person eligible to vote in the ballot shall be such information about the procedure and consequences of acquisition of grant–maintained status for the school as a member of a group as may reasonably be expected to enable him to form a proper judgment as to whether or not such status should be sought for the school, including, in particular, the information required in paragraph 2(2) below.

(2) The information referred to in paragraph (1) above is–

(a) a general explanation of the provisions of Part II of the 1993 Act and of these Regulations relating to–

(i) the procedure for acquisition of grant–maintained status as a member of a group of participating schools, or, as the case may be, as a new member of an existing group,

(ii) the constitution and powers of the governing body of a group of grant–maintained schools, and

(iii) the conduct and funding of schools within such a group;

(b) a general description of the likely composition of the governing body of the group if the ballot is in favour of seeking grant–maintained status in the case of all the participating schools or, as the case may be, in the case of the school becoming a new member of the group;

(c) an explanation of how and in what circumstances initial governors of each category are elected, or, as the case may be, selected or replaced;

(d) where the procedure was initiated under regulation 3 an explanation to the effect that if in the case of some but not all of the participating schools there is a vote in favour of seeking grant–maintained status, the governing bodies of any two or more of those schools may decide to bring forward proposals for a group of their schools without a further ballot of parents;

(e) the name, address and a brief description of the character of each of the participating schools or, as the case may be, the school which it is sought should join the group and the schools in the existing group;

(f) where the procedure was initiated under regulation 3 the name and address of the headteacher of each of the participating schools and an indication, in each case, whether or not the headteacher proposes that he should be a member of the governing body of the group;

(g) where the proposals initiated under regulation 4–

(i) the name and address of the headteacher of each of the schools in the group and, in each case, whether the headteacher is a member of the governing body of the group,

(ii) the name and address of the headteacher of the school in respect of which the procedure has been initiated and an indication whether or not the headteacher proposes that he should be on the governing body of the group; and

(h) the proposed implementation date which will be included in any proposals if the relevant ballot or ballots are in favour.

PART II Ballot in connection with procedure for leaving a group and becoming a separate grant–maintained school

2.—(1) The information to be given to any person eligible to vote in the ballot shall be such information about the procedures to be followed for a school to leave a group and the consequences for the school of leaving the group as may reasonably be expected to enable him to form a proper judgment as to whether or not the school should leave the group, including, in particular, the information required in paragraph (2) below.

(2) The information referred to in paragraph (1) above is–

(a) a general explanation of the provisions of these Regulations relating to–

(i) the procedures for a school to leave a group,

(ii) the constitution and powers of the governing body of an individual grant–maintained school compared with those of the governing body of a group, and

(iii) the conduct and funding of such a school compared with the conduct and funding of schools within a group;

(b) the number of–

(i) initial teacher governors,

(ii) initial first or (as the case may be) foundation governors, and

(iii) in the case of a primary school initial parent governors,

that will be specified in any proposals for the school to become an individual grant– maintained school outside a group if the result of the ballot is favourable;

(c) the name of any person to be specified as a sponsor of the school in each such proposal, and the number of proposed initial sponsor governors to be appointed by him;

(d) the names and addresses of the persons, so far as ascertained, to be included in any such proposals;

(e) an explanation of the requirements applicable under the 1993 Act and these Regulations where–

(i) the determination of an initial governor of an elected category is pending on the date of publication of proposals for a school to leave a group, or

(ii) a proposed initial first, foundation, or sponsor governor has not been selected on the date of publication of any such proposal;

(f) an explanation of–

(i) the circumstances in which a person named as a proposed initial governor in any such proposals may be replaced under these Regulations, and

(ii) the procedures applicable in each case in which a replacement is required; and

(g) the date which will be included in any proposals for the school to leave the group as the proposed date of implementation of the proposals if the result of the ballot is in favour.

Regulations 12 to 15

SCHEDULE 2 PUBLICATION OF PROPOSALS AND NOTICE

1.—(1) Where proposals are required to be published under regulations 12 to 15, they shall be published by being–

(a) posted at or near the main entrance (or if there is more than one main entrance, all of them) of each of the schools named in the proposals or, in the case of a hospital special school, posted in at least one conspicuous place within the hospital,

(b) posted in at least one conspicuous place within the area or each of the areas served by those schools, and

(c) made available for inspection at all reasonable times at each such school or at any other place within those areas to which members of the public may conveniently have access.

(2) Within the period of 10 days beginning with the first date on which the proposals are published in one or more newspapers circulating in the area or, as the case may be, the areas served by the schools named in the proposals, a notice in respect of the proposals containing such summary of the proposals as the governing bodies of the schools named in the proposals may think appropriate (including, in particular, the information required by sub–paragraph (3) below).

(3) The notice shall–

(a) state–

(i) that proposals for acquisition of grant–maintained status as a group have been published and submitted to the Secretary of State and shall give the names and addresses of the schools which are proposed to form the group, or

(ii) that proposals for acquisition of grant–maintained status as an additional member of an existing group have been published and shall give the name and address of that school and the schools in the existing group, or

(iii) that proposals for a grant–maintained school as an additional member of an existing group has been published and shall give the name and address of that school and the schools in the existing group, or

(iv) that proposals for a new group to be formed out of the schools in two or more existing groups have been published and shall give the names of all those schools, or

(v) that proposals for grant–maintained schools to form a group have been published and shall give the names of those schools,

(b) specify the proposed date of implementation of the proposals,

(c) name any school included in the proposals which is not a grant–maintained school and state that if the proposals are approved in respect of that school it will on that date cease to be maintained by the local education authority,

(d) state that, if the proposals are approved, the schools will on and after that date be conducted by one governing body incorporated under these Regulations and receive annual grants from the funding authority,

(e) give the information required to be specified in the proposals as to the arrangements adopted, or proposed to be adopted if the proposals are approved, in respect of the admission of pupils to the school,

(f) explain the effect of paragraph 5 below.

Statement to be annexed to proposals

2.—(1) There shall be annexed to any proposals published under regulations 12 to 15 a statement which shall, in respect of each school named in the proposals–

(a) state the result of any ballot, giving the number of votes cast in favour of seeking grant– maintained status for the school as a member of a group, the percentage of those eligible to vote who voted, and the number of votes cast against,

(b) state, in the case of a school which is not grant–maintained, whether the school is a county, countrolled, aided, special agreement or maintained special school, and in the case of a school which is grant–maintained, that fact, and whether it has first or foundation governors,

(c) state, in the case of an existing group, by whom the governors are appointed,

(d) briefly describe the existing character of the school including, in the case of a school which has a particular religious character, that character and the religion or religious denomination (if any) in accordance with whose tenets religious education is provided, and

(e) state the number of pupils for whom accommodation can be provided at the school.

(2) Any such statement so annexed shall be treated for the purposes of regulations 12 to 15 and of paragraph (1) above as forming part of the proposals.

Statement to accompany published proposals

3.  Any proposals published under regulations 12 to 15 shall be accompanied by a statement which shall–

(a) describe the requirements of these Regulations as to the membership of the governing body of a group of grant–maintained schools,

(b) state that the headteacher of each school which forms a group will be a governor of the school ex–officio unless he decides not to be,

(c) explain the circumstances in which a person named in the proposals as a proposed initial governor may be replaced under these Regulations,

(d) explain the procedure applicable under these Regulations in each case in which such a replacement is required,

(e) if the determination of an initial governor of an elected category is pending on the date of publication of the proposals, explain the requirements applicable under these Regulations in any such case,

(f) explain the effect of paragraph 5 below.

Details of proposals

4.—(1) Any proposals published under regulation 12 shall–

(a) specify the number of core governors proposed for the governing body and how they are appointed,

(b) specify the number of initial parent and teacher governors proposed for the governing body,

(c) give the name of the person who is the headteacher of each of the schools named in the proposals on the date of publication of the proposals and an indication in each case whether he proposes to be a member of the governing body,

(d) give the following particulars in respect of each person required by these Regulations to be named in the proposals as published as a proposed initial governor–

(i) his name and address,

(ii) whether he is to be a parent or teacher governor, or a core governor and, if a core governor, by whom he has been selected,

(iii) if he is to be a parent or teacher governor, the term of office that applies in his case under paragraph 10 of Schedule 5 to the 1993 Act, and

(iv) if he is to be a core governor, the term of office proposed for him in accordance with that paragraph,

(e) give the names of any proposed initial core governors selected by the existing governing body of a school under regulation 27, any externally appointed core governors appointed in respect of a school and name the school, in each case,

(f) if the determination of an initial governor of an elected category is pending on the date of publication of the proposals, state that fact and refer to the explanations given in the statement accompanying the proposals,

(g) give the name under which it is proposed that the governing body should be incorporated,

(h) specify the proposed date of implementation of the proposals.

(2) The proposals shall describe, in the case of each school named in the proposals, the arrangements it is proposed to adopt, in respect of–

(a) the admission of pupils to the school (except in the case of a hospital special school),

(b) the provision to be made at the school for pupils who have special educational needs, and

(c) the induction of newly qualified teachers at the school and the in–service training and professional development of teachers at the school.

(3) In giving the information required by sub–paragraph (2)(a) above, the proposals shall in particular specify the number of pupils proposed to be admitted to the school in each relevant age group in the first school year beginning on or after the proposed date of implementation of the proposals.

Objections to proposals

5.  Within the period of two months beginning with the date of publication of any proposals in accordance with regulation 12, objections to the proposals may be submitted to the Secretary of State by any of the following–

(a) any 10 or more local government electors for an area in which any of the schools named in the proposals is situated,

(b) any persons holding property on trust for the purposes of any of the schools named in the proposals,

(c) the governing body of any school affected by the proposals, and

(d) any local education authority concerned.

Eric Forth

Parliamentary Under Secretary of State

Department for Education

8th April 1994

Wyn Roberts

Minister of State Welsh Office

8th April 1994