- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
9. Section 38 of the 1993 Act shall apply in relation to a maintained special school in relation to which proposals for the school to become a grant-maintained special school are approved as it applies in relation to any school in relation to which proposals for acquisition of grant-maintained status are approved, subject to the modification that, in the case of a hospital special school, the words “used or” in subsection (2)(a) shall be omitted.
10. (1) Subsections (2) to (4) and (6) to (9) of section 39 of the 1993 Act shall apply to any maintained special school where proposals for the school to become a grant-maintained special school have been approved in relation to the school; and, subject to subsection (3) of that section, apply to any person who, immediately before the date of implementation of the proposals—
(a)is employed by the local education authority to work solely at the school, or
(b)is employed by the local education authority to work at the school and is designated for the purposes of section 34 by an order made by the Secretary of State.
(2) In subsections (6) and (7) of section 39 as so applied, “former employer” means the local education authority; and for the words “grant-maintained school” there shall be substituted the words “grant-maintained special school.”
11. (1) Subject to paragraph (2) below and to the modifications made by regulation 2(2), sections 40 to 46 of the 1993 Act shall apply in relation to a grant-maintained special school as they apply in relation to other schools.
(2) Section 40 shall apply in relation, to a hospital special school with the following modifications—
(a)For subsection (2) there shall be substituted—
“(2) For these purposes, that procedure is to be regarded as initiated in relation to a hospital special school on receipt by the local education authority of notice of a meeting of the governing body at which a motion for a resolution to apply for the school to become a grant maintained special school is to to be considered.”
(b)For subsection (3) the shall be substituted—
“(3) For these purposes that procedure, as initiated on any occasion, is to be regarded as terminated—
(i)the meeting is not held, or
(ii)the meeting is held but the motion is not moved or, though the resolution is moved, the resolution is not passed,
(b)if proposals which are required to be published under section 32 of this Act, or any proposals required in substitution for those proposals, are rejected by the Secretary of State or are withdrawn, or
(c)on the date of implementation of such proposals.”
(c)Subsection (4) shall be omitted.
(d)In subsection (5), the words “by reference to the result of a ballot” and “without a further ballot” shall be omitted.
(e)In subsection (6), for “subsection (3)(c)” there shall be substituted “subsection (3)(b)”.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: