Diocesan Boards of Education Measure 2021

8 Consent

(1) The governing body of a voluntary school which is a church school must obtain the consent of the DBE before publishing proposals under section 19 of the Education and Inspections Act 2006 for a change of category to foundation school.

(2) The governing body of a foundation school which is a church school must obtain the consent of the DBE before publishing proposals under that section for a change in the instrument of government which would result in the majority of governors being foundation governors.

(3) The governing body of a voluntary or foundation school which is a church school must obtain the consent of the DBE before applying for an Academy order under section 3 of the Academies Act 2010.

(4) The governing body or (in the case of an Academy) the proprietor of a church school which is on land in which a freehold or leasehold interest is held on trust for the purposes of a church school must obtain the consent of the DBE before entering into an agreement or arrangement in connection with an alteration to or repair of the premises of the school.

(5) The duty under subsection (4) does not apply if the estimated cost of the alteration or repair is less than such amount as the DBE may from time to time determine.

(6) Where the giving of consent under this section is to be considered at a meeting of the DBE, the following persons may attend the part of the meeting dealing with the consideration of that matter—

(a) the head teacher of the school concerned,

(b) the chair of the governing body or board of directors (as the case may be), and

(c) one or two other persons (or such greater number as the DBE may allow) nominated by the governing body or the board of directors.

(7) Where a person who is entitled to attend a meeting of the DBE in reliance on subsection (6)(a) or (b) is unable to do so, the person may nominate another person to attend the meeting in his or her place.

(8) A person attending a meeting of the DBE in reliance on subsection (6) or (7)—

(a) may make an oral presentation or oral submissions to the meeting, and

(b) may speak in response to a question put by a member of the DBE.